Radical Change By tightening. Changes problematic articles of the new Penal Code has decided to make the Ministry of Justice…….
The elimination of faults related to noise pollution from summer nightclubs throwing the void citizens complaints, who now have no way to protect themselves and forced to listen to blaring music that is not a choice.
Papathemeli by law to change the Criminal Code of the problem of loud music at night clubs seem to be a Hydra.
Cutting off one head at the distant 1994, when the law Papathemeli (Minister of Public Order) set a ceiling on shop opening hours, then sprang up several new heads delinquency.
This is because controller and controlled retain an affinity for years, whereas the new Penal Code has managed to facilitate offenders.
The sound measurements from the process control mechanisms is a puzzle with no answer.
Previously, responsible for licensing health stores with music was the municipality.
However, permission was given and one side of the municipality did not carry out their (whoever) controls. This is because the burden of controls borne, as today, the police.
The police, Nevertheless, from the side to see if the music has no way exceed 80 decibels indoors and 35 decibels outdoors, under the law.
All that can make men and women of the police is to see that each store has a music license.
In this case, just made a verbal recommendation, just as scientific or objective can not record the violation -Lack ichometrou- and patrol retires.
Only administrative fines
At this point comes the intervention of the new Penal Code, who, eliminating the concept of fault, It provides for these offenses only administrative fines, ie seal the store.
So comes the "unemployment" the so-called aftoforakias. He was he who was responsible, by law the store, and go to flagrant, as the law stated, for that offense. The phenomenon had taken a heavy toll, because "aftoforakias" flagrant and go to the shopkeeper remained in business, which continued to operate.
The lifting of this offense for that infringement (provisions violating hour siesta) just sent into disuse in 'aftoforakia ", ο οποίος πληρωνόταν από τον επιχειρηματία μόνο και μόνο για να εμφανίζεται στο αυτόφωρο.
Most, according to the new Criminal Code, sanctions are administrative only and provide sealing of business.
However, the decision to seal the business can, so as things stand, to take very difficult, explain market strains.
Must the control mechanism to move in three successive measurements, unspecified between the temporal distance.
also, how many police stations in the country are equipped with a sound level meter remains unknown, while allegedly their number is extremely limited compared to the needs.
Conclusion: white nights for victims of illegal decibels;
Heavy penalties on arsonists
Alongside, the Ministry of Justice microscope, They have come to review the legislation on fire and arson (It aims to change the direction of tightening of penalties). After several episodes, often in different locations during surveys.
Felony The Molotov
According to reports, certainly considered by the current government of Kyriakos Mitsotakis resetting the offense of possession of explosives (molotov cocktail) to form kakourgimatiki, as well as the conversion to a felony offense of corruption and bribery employee, which in the current Criminal Code has become a misdemeanor.
One of the key measures to be considered by the legislative committee will be the topic of manufacturing and possession of explosive bombs (molotov cocktail).
Article 272 the new Penal Code, Friday, supply and possession of explosives or bombs prosecuted and punished on misdemeanor.
The goal of the current government is to change and these offenses be prosecuted and punished as felonies. And this so if episodes, when conception strictly punished the perpetrator.
Attacks on notaries and tax collectors
Resetting the article associated with the attacks against notaries in the conduct auctions, as any change in the law for causing bodily injury to tax officials in the performance of their duties.
The Ministry of Justice is also considering the reintroduction of paragraph 2 of the article 315 the earlier Criminal Code for civil servants and notaries who are attacked in the exercise of their duties.
A common occurrence in recent years. This paragraph, repealed, provided for the automatic intervention of the prosecutor and the prosecution against perpetrators.
This arrangement was voted the 2017, on the occasion of the incidents occurring in courts in conducting auctions, and the attacks that had received from members of the "Rubicon" notaries who were conducting auctions, even before the procedure done electronically.
However, This article was repealed by the current Criminal Code, which now provided (article 308) ex officio prosecution for perpetrators only if the offense they committed is against public officials – ie not at the expense of employees auctions.
According to reports, this issue, namely the elimination of the provision for employees conducting auctions, It came from institutional representatives, who are in favor of the former regime reset.
Yet, There are thoughts and amending legislation tightening as,regards the perpetrators of attacks on tax officials, in response to the events that took place recently in the violence against the auditors of the Independent Revenue Authority (Principle of authorization) in various regions of the country.
Changes and corruption by changing Articles
Very important issue is the conversion to the new Criminal Code offense of corruption and bribery employee of felony to misdemeanor, with some exceptions.
Specifically, new provisions, one that constitutes bribery is punishable by a fine up plimmelimatikou character 3 years.
Conversely, one who receives the product of corruption can be punished up 5 years. now this, Nevertheless, major legal problem arises because the new Penal Code includes two different formulations for the offense of bribery (active and passive) by an employee.
The first version (article 235 Fri.. 1) It provides that an official venality misdemeanor if it will interfere with the performance of his duties, while paragraph 2 the same article punishes felony employee if the bribery is contrary to duty.
Legal circles expressed strong concerns about the specific wording, and since the constituent elements of offense stated that plimmelimatikou to committed bribery should act or omission of the employee to be related to the performance of his duties.
Concepts in substance identical, which is not impossible to lead the court to mandatory interpretation of the provision, namely as desired judicial decisions.
Moreover, these articles have caused the observations of the Working Group for Economic Cooperation and Development (OECD) and the Council of Europe Group of States against Corruption (GRECO), which they have expressed fears that the changes introduced may result in the filing of judicial investigations and prosecutions in progress, shorter periods of limitation for offenses under investigation, even the prevention of international cooperation in future cases.
Thoughts for changes in release polyisoviton and terrorists
With,Regarding the new system of parole terms convicts and terrorists, certainly considered the amendment of Article 110A of the Penal Code.
This Article allows polyisovites, even convicted for participation in a terrorist organization "November 17", to apply for discharge under conditions of their release if they have served (the upper) 16 years from the sentence imposed on them, even if they have been sentenced to several life terms.
This Article, as has been repeatedly stated by Justice Minister, will afstiropoiithei.
The same would apply to those provisions that allow convicted of crimes against life and other felonies to released from prison more easily by recognizing a mitigating, as in the case of former special guard Epaminondas Grigoropoulos.
Reset faults which had been removed: disturbing the peace
End, thoughts are for resetting some faults, which on the whole they were abolished by the new Criminal Code causing problems in everyday life.
One of the faults were removed and that the disturbing the peace, which caused this summer many problems to citizens because of decibels from nightclubs and bars to quiet hours in different parts of the country.
The elimination of this fault resulted in public protests to deafening music have no effect, with hands of ELAS… tied.