The implementation of the new Penal Code as of 1 May will bring about a radical change in the administration of justice. The new law (5090/2024) includes a multitude of changes, with the main focus on speeding up the administration of justice, tightening penalties for petty crimes of everyday life, but also heavy penalties for offences such as arson of a forest or causing a traffic accident by violating a red traffic light, serving part of the sentences in prison or through community service, putting an end to the regime of impunity that the Paraskevopoulos law and the legislation of previous years had led to.
According to the provisions of the new Penal Code, for offences where the sentences imposed amount to one year or less, a suspended sentence will be given, for sentences of one to two years will be commuted to money or community service in municipalities and public institutions, while if the sentence imposed amounts to two to three years, convicted persons will be sent to prison, where they will serve part of the sentence (from one to six months) and the rest will be suspended.
As Minister of Justice George Florides points out in a statement to “THEMA”, “the main objective of the new law is to speed up the criminal trial, in the general direction of faster administration of Greek justice, and to create a sense and conditions of justice, security, responsibility and freedom for all citizens”.
When we say prison, we mean it.
“Justice and Security for all citizens”.
“Based on the basic principles of Criminal Justice within the framework of the Rule of Law and the need to protect citizens from everyday crime, the new Criminal Code and the Code of Criminal Procedure (Law 5090/2024) will enter into force on 1 May 2024 with the main purpose of:
– Addressing petty crime while combating impunity.
– The acceleration of criminal proceedings, in the general direction of a faster administration of Greek justice.
With the implementation of the new Criminal Code, a breakthrough is introduced in the criminal system, because the actual serving of sentences is given priority. The rule is now the serving of sentences and the exception is the suspension of sentences. At the same time, the penalties for specific serious crimes with major national and social implications are rationalised. In particular, categories of offences which have been of concern to society in recent years, such as domestic violence, forest fires and dangerous driving, are being tightened up.
Therefore, starting on May Day, the new philosophy of our criminal justice system, that of “applied rather than fictitious punishment”, will be put to the test, which is called upon to prove that:
– It is the right concept and practice in the fight against crime.
– It creates a sense and conditions of justice, security, responsibility and freedom for all citizens.
Speeding up the administration of justice
Acceleration of the administration of justice being implemented with the trial of the case of the tragic accident of Tempi in 15 months and the case of the gang of hooligans of Rentis for the murderous attack against police officer Giorgos Liggeridis, which is estimated to be brought to trial in eight to ten months, when the trial of the tragedy in Mati, with the death toll and dozens of burn victims, will be completed in the first instance after six years.
Related to the tightening of sentences is the sentence of three years’ imprisonment with suspension of the police driver of the official car of Dora Bakoyannis for the traffic accident in Vasilissis Sofias in March 2021 with a 23-year-old student as a victim, while the new Criminal Code for traffic accidents and loss of human life by dangerous driving, the penalty is imprisonment from ten to twenty years and leads to prison.
Two months later, on 1 July, the implementation of some other articles of the new Penal Code will start, such as serving sentences outside prison at home by electronic bracelet or in the form of community service, the testimony of witnesses, experts, technical advisers and interpreters via Skype, the extension of rehabilitation measures, various deportation issues, etc.
The main provisions of the new Criminal Code concern the imposition and enforcement of sentences, the imposition of fines and the conversion into money of minor penalties, heavy penalties for forest arsonists and drivers who violate red lights and cause fatal road accidents, tougher penalties for domestic violence and child pornography, bribery of public officials, insulting and defamatory acts, damage to property, debts to the State, theft and theft of electricity, breaking into and causing disturbances in hospitals and schools, failure to pay maintenance, etc. etc.
The 6 offences that now definitely lead to jail: domestic violence with bodily harm, arson in a forest, a car accident, pornography of minors, ‘envelopes’ to public officials and doctors, debts to the State of more than €200,000
1. The imposition and serving of sentences
The new law places particular emphasis on the enforcement of sentences imposed by the courts, as enforcement of sentences for minor offences will be the norm, even for minor sentences of more than one year.
Thus, prison sentences of up to one year will be suspendable if (and where) there are previous irrevocable convictions on the criminal record not exceeding one year. That is, for offences for which a sentence of up to one year is imposed, suspension is considered almost mandatory, except in special cases, such as the offence of repeated insult, etc.
The red line is for prison sentences of more than one year and up to 2 years. In this case the sentences will be served primarily by alternative means. That is, the sentences will be converted into money or community service in municipalities and other NPOs.
However, prison sentences of up to 3 years will be partially served in a penitentiary (from 1 to 6 months) and the remainder of the sentence will be suspended.
As a rule, prison sentences under 3 years relate to tax violations, non-payment of employer’s contributions, illegal placement of table seats in public places (tables outside), violation of sanitary regulations in restaurants, taverns, cafes, bars, etc., damage to other people’s property, some cases of bodily harm, etc.
The next level of misdemeanour penalties is that of 3 to 5 years imprisonment. That is, if a person is sentenced to imprisonment exceeding 3 years, the court orders the sentence to be actually served in a penitentiary, unless the court reasonably considers that serving part of the sentence is sufficient to prevent the commission of further offences. Thus, it may order:
a/ The actual serving of part of the sentence, which may not be less than 1/5 or more than 2/5.
b/ Suspension of the remainder of the sentence.
The offences for which these penalties are imposed are infringements of the planning legislation during the construction of buildings or conversion of the pilot building into a habitable area, forgery, fraud, theft, etc. On the other hand, the maximum term of imprisonment for felonies was increased from 15 to 20 years. As a consequence, the sentence of imprisonment can now reach up to 20 years, while the maximum sentence of imprisonment for multiple felonies has been increased to 25 years (from 20) and the maximum sentence of provisional imprisonment has been increased from 15 to 20 years for all felonies. The sentence for multiple misdemeanours was increased to 10 years from 8 years.
With the increase of the maximum sentence to 20 years, the maximum term of imprisonment was also increased to a more severe one (i.e., the time spent in prison was increased).
2. Financial penalties, conversion into money
In addition to prison sentences, courts may also impose financial penalties depending on the degree of the offence committed, i.e. whether it is a misdemeanour or a felony. Under the new provisions, the fine may not be: a) lower than EUR 300 and higher than EUR 40,000 for misdemeanours and b) lower than EUR 5,000 and higher than EUR 120,000 for felonies. In the event of the death of the convicted person, the fine shall be cancelled and shall in no case be claimed by his heirs.
The new Penal Code also amended the labyrinthine way in which prison sentences were converted into money. Now, any prison sentence of up to 2 years, if decided by the court, is converted into a money sentence, calculating the conversion for each day from 10 to 100 euros.
If the convicted person is unable to pay the full amount of the financial penalty immediately, the court shall, of its own motion, set a time limit – not exceeding 3 years – within which to pay the amount of the conversion of the penalty in instalments or in a lump sum.
3. Theft and electricity theft
Imprisonment of up to one year and a fine of 300 euros or more for offenders who steal movable property in order to appropriate it, such as purses, handbags, mobile phones, bicycles, motorbikes, laptops, etc. If the object of the theft is of particularly high value, such as jewellery, contents of a safe, etc., the minimum sentence is one year’s imprisonment and a fine. The same penalties are provided for cases of electricity theft or theft of any other form of energy.
4. Domestic violence
In recent years, cases of domestic violence have been increasing rapidly – especially during the period of incarceration due to COVID-19 they hit the red. Under the new provisions, the penalties are doubled if the offence is committed in front of a minor, and the concept of family is broadened to include, among others, permanent partners and their children.
In aggravated cases of domestic bodily harm (injuries caused by manual violence, sharp or other objects), a prison sentence of at least 2 years is provided for, and if the injury is inflicted in front of a minor family member, the sentence is increased to at least 3 years.
A family member who causes minor bodily injury or damage to the health of another family member shall be punished with imprisonment of at least one year and if the injury is serious and the life of the victim is endangered, the sentence shall be increased by one year. If there is a serious physical or mental illness of the victim or serious mental harm, then in this case the sentence shall be up to 10 years’ imprisonment.
At the same time, if a family member insults the dignity of another family member by a particularly humiliating speech or work related to his or her sexual life, he or she is punished with imprisonment of up to 2 years. The offence of insult is extended to the area of domestic violence.
Under the old legal framework, anyone who insulted the honour of another by word or work or in any other way or via the Internet was punishable by up to 6 months’ imprisonment or a fine. Now, it is additionally provided that if the insult/insult materialises within the family environment or goes back to the sphere of private life, then imprisonment of up to 2 years or a fine is imposed.
5. Forest arson
Penalties range from 10 years to life imprisonment in case of death of a person. The penal framework for forest arson or for anyone who causes a fire in a forest or an area declared to be reforested has been tightened to the fullest extent, and the sentence imposed in this case is not subject to suspension or commutation, while a special article has been added for the confiscation of the property of arsonists.
The penalties provided for arsonists are:
a/ Life imprisonment if there is a human death.
b/ Imprisonment for up to 10 years and a fine.
c/ Imprisonment for up to 10 years and a fine if a human being is endangered.
d/ Imprisonment of at least 10 years and a fine if there has been substantial damage to public utility installations or there has been serious bodily injury to a human being or the fire has spread over a large area or there has been widespread pollution or widespread ecological and environmental destruction.
It should be noted that under the current framework for arson and forest fires, the sentences foreseen for arson and forest fires ranged from 8 to 10 years of imprisonment. Anyone who, in a forest or within 300 metres of a forest area or in parks and groves, lights a barbecue fire or uses electrolysis or throws fireworks or generally uses spark-inducing devices in a forest or within 300 metres of a forest area or in parks and groves is punishable by a minimum of one year’s imprisonment and a fine.
Furthermore, anyone who manufactures, supplies or possesses incendiary materials that can be used to cause and spread a forest fire is punishable by at least 3 years’ imprisonment and a fine. If the incendiary materials are manufactured in a forest or within a 300-metre radius of a forest and the risk index, according to the Civil Protection data, is high or in a state of alert, the penalty is increased to imprisonment of up to 8 years and a fine. In fact, these sentences are not suspended, nor are they in any way converted into fines, etc.
Finally, anyone who is arrested for arson in a forest or attempted arson, whether intentional or negligent, and the fire causes death or serious bodily injury or the fire spreads over a large area, then the property of the arsonist perpetrator(s) is confiscated.
fanaria
6. Violation of a red light
It all changes for drivers who violate red lights or race on coastal highways or make for show dangerous maneuvers or motorcycle sushi or enter an Emergency Lane (ELL), causing damage to other vehicles or serious bodily injury or loss of life. These drivers are at risk of being behind bars and even face life imprisonment.
According to Article 45 of the new Penal Code, any driver who has consumed alcohol or used drugs, or is physically or mentally exhausted, or drives a vehicle on national or regional roads against the current or on pedestrian streets, sidewalks or squares, or drives a vehicle that is technically unsafe or is loaded in an unsafe manner, or makes dangerous maneuvers, or participates in improvised races, or drives I. X. car over the speed limit by at least 60 km (if it is a bus or truck, by at least 30 km) and if in a residential area he runs over the limit by 40 km or drives a car in the LEA or violates a red traffic light, he shall be punished with:
a/ Imprisonment for up to 3 years if he causes damage to another vehicle or foreign property (crashes into a shop, kiosk, etc.).
b/ Imprisonment for a minimum of 1 year if a danger to a person occurs.
c/ Imprisonment for up to 10 years if he causes grievous bodily harm or substantial damage to public utility premises.
d/ Imprisonment of at least 10 years if death results, and even life imprisonment if death of a large number of people is caused.
Life imprisonment will be imposed in cases such as that of the bus carrying schoolchildren that collided with a truck at Tempe on 13 April 2003, killing 21 schoolchildren and injuring 35. Now, in the case where a driver negligently kills a person, he is punished with at least 2 years’ imprisonment, whereas the old Penal Code provided for 3 months’ imprisonment.
However, a new paragraph has been added which allows judges to exempt the culprit from any penalty “if they are satisfied that because of the mental anguish suffered by the consequences of his act he need not be subjected to punishment”.
7. Insult – Defamation
Penalties of 3 months to 2 years are provided for those who insult the honour of another, or in the presence of a third person, knowingly allege or spread a false fact about another person which may damage his honour or reputation. Whoever insults the honour of another by word or deed or in any other manner shall be punished by imprisonment for a term not exceeding 6 months or by a fine.
And if it is done in a public place or through the Internet, then the imprisonment is increased even up to 1 year or a fine. If the offence is related to private or family life, the amount of imprisonment is doubled and reaches up to 2 years or a fine. On the other hand, whoever in any way in the presence of a third person asserts or spreads about another person a false fact that may knowingly damage the honour or reputation of the other person, shall be punished with imprisonment of at least 3 months and a fine.
If this is done in public or via the Internet, the prescribed prison sentence is doubled to 6 months and a fine is imposed in addition.
8. Pornography of minors
Imprisonment for anyone who induces or entices a minor to participate in or organise pornographic performances. However, penalties of 1 to 5 years are also provided for those who watch pornographic films with underage children.
The global online increase in illegal child pornography has led the Ministry of Justice to update the Criminal Code in this chapter, taking into account European standards for the protection of underage victims.
According to the new provision of the Criminal Code, anyone who induces or entices a minor to participate in or organises pornographic performances is punishable:
a/ If the minor has not reached the age of 12 years, with imprisonment.
b/ If the minor has reached the age of 12 but not 14, with imprisonment of up to 10 years.
c/ If the minor has reached the age of 14 years, with a minimum of 2 years’ imprisonment.
Penalties for those who watch pornographic films with underage children range from 1 to 5 years, depending on the age of the children.
The new Penal Code provides, in line with European legislation, for the concept of child pornography and the technical means-materials used so as to limit the “windows” that lawyers of the producers and viewers of child pornography films involved can invoke to have the charges against them dismissed.
9. “Envelopes” – Bribery
Heavy penalties are imposed for “enveloping” doctors of the NHS, officials of the Town and Country Planning Department, Taxes, Customs, etc. Specifically, “an official who requests or receives, directly or through a third party, for himself or for another, any kind of improper benefit of any value whatsoever or accepts the promise of such benefit for an act or omission in connection with the performance of his duties, future or already completed, shall be punished with imprisonment of at least 1 year and a fine of 5,000 to 50,000 euros”.
If the official repeatedly (by profession and habit) asks for “envelopes”, the penalty of imprisonment will be at least 3 years and a fine of 10,000 to 100,000 euros. If the official who takes the “envelope” does not act or fails to perform his/her duties, in this case the penalty is 10 years’ imprisonment and a fine of €50,000 to €300,000 – and if it is done on a professional basis, he/she is threatened with more than 10 years’ imprisonment and a fine of €100,000 to €2 million.
The level of these penalties also includes cases of bribery of officials who are inspectors or heads of departments or persons authorised to take decisions, whether in Greece or in European Union organisations, or in any public international or supranational organisation or body, whether or not based in Greece.
10. Debts to the State
Prison sentences are graduated according to the amount of the debt from 1 year for debts over 100,000 euros to 3 years imprisonment when the debt exceeds 200,000 euros. Imprisonment and fines await those who are indifferent to paying to the tax office the taxes or fees due to the local authorities and other organisations of the wider public sector for a period of more than 4 months.
The prescribed prison sentences are graduated according to the amount of the debt – and in particular:
a/ At least one year of imprisonment if the total debt from any cause, including any kind of interest or surcharges and charges, exceeds the amount of 100,000 euros.
b/ At least three years’ imprisonment if the total debt exceeds EUR 200,000.
Former NASA engineer says he’s invented a thruster that doesn’t require propellant
11/ Violence in schools and hospitals
According to the new provisions, anyone who enters health care facilities and shouts or insults doctors, nursing staff (nurses, etc.), employees or patients and disrupts the operation of the medical unit is punishable by a minimum of one year’s imprisonment and a fine.
If there is also an incident of violence (manhandling, pushing, etc.), the prison sentence shall be doubled to at least 2 years and a fine shall be imposed. Those who enter a primary or secondary education premises and in any way, in particular by shouting, noise, insults or threats against teachers, workers, employees or pupils, disrupt the functioning of the school unit will also face the same penalties.
12. Damage to foreign property
A penalty of up to 2 years in jail or a fine shall be imposed on anyone who destroys or causes damage (total or partial) to another person’s property, such as an automobile, property fencing, elevator, etc., which results in the property being unusable. If the damaged object is of small value or the damage caused is light, the courts impose a fine or community service; on the other hand, if the damaged object is of particularly high value or is placed in a public place (e.g. statues, busts, signs), then in this case a prison sentence of at least one year and a fine is imposed.
13. Non-payment of maintenance
Imprisonment for up to one year or a fine for non-payment of maintenance. Prosecution on its own initiative is reinstated for those who refuse to pay maintenance ordered (temporarily or permanently) by the courts to their ex-spouse or spouse and children. Consequently, anyone who no longer pays the amount of maintenance is liable to imprisonment for up to one year or a fine. Under the old regime, prosecution required a complaint to be filed.
