Article 33 the bill of the Ministry of Justice tabled in the House abolishes flagrante procedure for press offenses…….
In detail, according to the article 33 the bill Ministry of Justice, repealing this offense and for Formula committed offense of insults, defamation and libel. Specifically, the article 33 states:
"In the article 417 Code of Criminal Procedure (Presidential. 258/1986, A’ 121), added the second paragraph as follows:
"In the case of crimes Articles 361, 362 and 363 the Criminal Code does not follow the procedure of the following Articles, unless there are very good reasons ".
The bill of the Ministry of Justice provided numerous changes, including, recognition of the presumption of innocence for suspects and defendants in the transfer of judges 'proof' weight in criminal proceedings, the introduction of the 'right to silence and against self-incrimination "of the suspect and accused, increasing prosecutors' positions etc..
Evidence of innocence
particularly, according to the bill broom, explicitly recognized in the Code of Criminal Procedure of the presumption of innocence for suspects and defendants. Yet, entitles the suspect or accused person to claim damages in compensation for the damage suffered because of the infringement of the presumption of innocence by public officials statements at any stage of the proceedings before a decision in first or second degree, referred to so direct in pending criminal proceedings and either encourage the public to believe in his guilt or make an assessment of the facts with which prejudice the judicial determination of the case.
"Burden of proof" in criminal proceedings
Yet, added a new article in the Criminal Procedure Code, in which judges and prosecutors are considering own motion any evidence, underlying guilt or tending to innocence of the accused, and any item related to the personality and affects sentencing. The accused is not obliged to provide evidence of the facts relied upon in support of. Judges and prosecutors are obliged to investigate carefully any information or evidence adduced in favor of this accused, if it is useful to ascertain the truth. Any doubt of guilt is to the benefit of the accused or the suspect.
Right to silence and against self-incrimination
Alongside, the Code of Criminal Procedure a new Article 103a is added according to which the right to remain silent and not to incriminate oneself, with which expressly provided that the suspect and the accused enjoyed the right to silence and against self-incrimination.
Alongside, the possibility of applicants consensual divorce before a notary to make use of the provisions for legal aid (free help) in civil matters. Integrates the process of providing legal assistance and this is provided by the TACHDIK, both in relation to the main compensation and in relation to the additional compensation lawyers providing services under the legal aid for criminal trials of long duration.
also, change the VAT system to provide legal assistance and thus longer paid at the time of collection of the compensation and, end, ensure the administrative independence of the Bar Associations of the country.
Prosecution Economic Crime and Corruption
Yet, the bill provides, that by joint decision of the Ministers of Finance and Justice, upon the advice of the Attorney Corruption Crimes, established the necessary scientific positions, administrative and ancillary staff of Corruption Crimes Prosecutor, covered by transfer, moving or secondment of officials from the wider public sector, particularly by the State in the narrow sense, the Public Entities, independent administrative authorities and the uniformed staff of the Greek Police.
Greek European Prosecutor
The bill clearly defines the selection process and qualifications of the Greek European Prosecutor, the competence of which is to combat crimes affecting the financial interests of the European Union in accordance with any instructions received from the European Public Prosecutor.
also, role under the communication link and information channel between the fixed parts, European prosecutors and representatives of the Greek State.
Candidates for the post of European Prosecutor, at the time of application, must:
- Master degree at least the Public Prosecutor and to the Prosecutor Appeals. The court of first instance prosecutor must have completed at least 5 years to the extent that. Fall below a minimum 10 years he served in the Prosecutor until their retirement
- Not the imposed disciplinary superior reprimand recent 5 years before submitting their application and not pending against the disciplinary proceedings at the time of application.
- Not have been convicted of a crime and not pending against the prosecution.
- Do they have the relevant practical experience in the national legal system, in investigations in the financial sector, international judicial cooperation in criminal matters. Service-related international judicial cooperation in criminal.
- To hold a doctorate or master's degree, recognized by the Supreme Judicial Council and Criminal Justice Policy, in criminal sciences or criminology or European law or economics or another relevant field.
- Have a thorough knowledge of at least certified English.
Increase prosecutors' positions
The posts of Judicial Affairs and Criminal Justice officers increased from 1 February 2019 as follows:
a) deputy public prosecutors of the Supreme Court in 2, these stipulations total 24,
b) of appeals against prosecutors 2, these stipulations total 52,
c) the deputy public prosecutors at the court of appeal 2, these stipulations total 139 and
d) prosecutors at the court of first instance 2, these stipulations total 144.
Extend advisory jurisdiction of the ECtHR
Ratification of Protocol No.’ No.. 16 the Convention for the Protection of Human Rights and Fundamental Freedoms, by which expands the advisory jurisdiction of the European Court of Human Rights (ECtHR) and enable the Supreme Courts of the Parties to submit requests opinions on issues of principle regarding the interpretation or application of the rights and freedoms contained in the Convention for the Protection of Human Rights and Fundamental Freedoms and Protocols.
The provisions relating to the penitentiary system operation, expand the extent of the beneficial calculation of workers to more units (such as bakery and confectionery) rural prisons, while regulating the operation of forensic services, aiming to protect the public interest and to better serve citizens.
Furthermore, the need is recognized and institutionalized to provide insurance cover against accident risk those convicted who provide community service as a measure serving the sentence, covering the institutional deficit in the way of this criminal measure, which existed for 20 years, the start of implementation of the institution 1997.