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Reservations of prosecutors for the new Penal Code


The reservations are made once again by the Union of Greek Prosecutors for the implementation of the new Criminal Code and Criminal Procedure, blaming the risk of "massive limitations, creating a sense of impunity but impracticability of practically viable institutions newly created."

The Prosecutors' Union, which states in advance that it has a positive stance in any attempt to modernize the criminal system, calls for immediate action to be taken to ensure that the new codes are implemented and, above all, to avoid unfair consequences for criminal justice .

The announcement:

The Greek Prosecutors' Union, which first and foremost affirmed all sincere efforts to modernize our criminal justice system with a view to accelerating and qualitatively improving criminal action, expressed repeated reservations about the individual provisions of the Codes, institutions, the risk of massive paragraphs and the sense of impunity, but also the impossibility of practical feasibility of newly created institutions without the need for a prior guarantee. limit of human resources strengthening and logistics infrastructure.

The Greek Association of Prosecutors of Greece, having been able to foresee the imminent practical difficulties of applying the codes and the potential risk of impasse, suggested that they be withdrawn through greater experience of the scientific bodies in order to eliminate the deficiencies of individual provisions and due care is taken to create the minimum infrastructure required for your practical service.

Unfortunately, a few days before the date of its implementation, it is certain that in the current circumstances it becomes impossible to effectively implement the new institutions for out-of-court settlement of criminal disputes, as well as adequate supervision of the execution of newly created forms of punishment. These institutions thrive in many advanced European countries from which they have been reproduced in our country, but no provision is made for the creation of an environment that is beneficial and efficient in its integration into existing criminal trial data.

In addition, in spite of our contradictory warnings, no parallel legislative initiative has been taken to speed up criminal proceedings, such as the abolition or reduction of lengthy court proceedings that hinder the completion of pending cases, but on the contrary has been strengthened and transferred to the already inadequate by the organic gaps and the lack of infrastructure of first level of jurisdiction. In addition, the application of the institution of the High Court of Appeal, which is generally successful, has been abolished with tangible negative effects at the time of completion of the pending cases before the Court of Appeal, which will be evident in the near future. The unique multiplicity of criminal provisions for European data, perhaps universal, has not only been effectively combated through the decriminalization of minor offenses under specific criminal laws but reinforced by the updating of tortious infringements of the Criminal Code and the parallel abolition of prosecution in purely criminal offenses.

The Union of Prosecutors of Greece faces the imminent danger of leading to unprecedented conditions of suffocation in the criminal justice system, but also not to weaken or inactivate in practice, due to the impossibility of putting into practice the newly created institutions, expresses the anxiety industry and calls on those responsible. legislative authorities in order to take the necessary legislative initiatives in time and, taking into account the new data mentioned above generated by the adopted codes, index:

– filling in the gaps and increasing the number of prosecutors' offices (especially first-degree officials), judicial and social assistance officials, as well as the creation of a judicial police force,

– provide the necessary logistics infrastructure for the country's processes,

– the decriminalization of a misdemeanor offense, the abolition or limitation of the interim proceedings of the boards, the reintegration of the institution of the Single Court of Appeal and the correction of individual failures of the identified codes and their practical application will be immediately demonstrated to avoid the risk of derailing criminal justice and reaching the key target for our criminal justice system to reform the Codes for the benefit of citizens and justice as the main pillar of democracy g.

For the Board of Directors of the Union of Greek Prosecutors.

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