A “package” is coming with 13 new and stricter measures

Jail for perpetrators of domestic violence crimes, strengthening the network of provisions to protect victims at a time when these crimes have become a social scourge, using technology by operating a platform for reporting such incidents even by third parties persons, is the triptych on which rests the new legislative structure presented yesterday by the Minister of Justice Giorgos Floridis. The government’s new legislative steps aimed at dealing with the phenomenon of domestic violence were just around the corner, but the “harsh” current affairs that took shape in recent months, with the murder of Sunday outside the Agioi Anargyro Police Station and most recently with the case of domestic violence violence with the lawyer Apostolos Lytras as accused, made it more than necessary to immediately promote these measures for a vote in the Parliament.

The “package” of regulations essentially includes 13 changes that bear the stamp of the national legislator and an integration of a directive of the European Union, as well as outside the Greek borders the index of domestic violence crimes shows dangerous upward trends.

What does the legislation include?

The dominant measure concerns the criminal treatment of the perpetrators, as from now on their pre-trial detention for such crimes ceases to be the exception and becomes the rule, unless it is absolutely justified that house arrest with electronic monitoring (bracelet) or restrictive measures conditions are sufficient to prevent him from committing new criminal acts. It is worth noting, in fact, that even for serious misdemeanors of domestic violence, the perpetrator can be sent to prison for up to six months. In the case of an automatic misdemeanor, the detention, in case of postponement, can be extended up to five days, so that the file has been completed and the judges are able to reach a safe judicial decision.

In addition, with the aim of protecting the victim, it is legislated to exempt him from the obligation to appear at the trial, an absence that often leads to successive postponements and, by extension, impunity for the perpetrator. Henceforth, the hearing will be able to proceed with the reading of the testimony given by the victim in the pre-trial, unless the court for special reasons deems his presence absolutely necessary with priority again in his remote examination, where possible.

In the event that the statutory period has expired, a 48-hour search, arrest and “protective custody” procedure is established for the perpetrator of domestic violence, in order to place the victim in an appropriate protective environment and to prevent the perpetrator from relapsing and repeating the crime. act of

Delays in Justice

The second important step attempts to overcome the great scope of the delay in the administration of justice and therefore legislates the immediate termination of the investigation and direct referral to the court of domestic violence felonies, without the intermediate process of judicial councils.

As for the punishment of the perpetrator, based on the new provisions, the sentences for domestic violence crimes are actually served in prison, without the possibility of suspension or commutation in any way. In each case, the offender’s recidivism is established as an aggravating circumstance of domestic violence leading to the maximum sentence.

Of particular interest is the legislative provision for the issuance of a prosecutor’s order imposing restrictive conditions, even before the initiation of criminal prosecution, with the possibility of the victim proposing specific conditions that he deems appropriate. For any violation of restrictive conditions, a prison sentence is imposed on the perpetrator and the victim is informed by the police authority to take protective measures.

In addition, in cases of domestic violence complaints, the prosecutor is given the right to investigate ex officio whether there is a case of changing the custody status of minor children. At the same time, the operation of a platform for reporting domestic violence crimes, even by third parties, is foreseen, as well as the creation of a file – a history of reports of domestic violence by the police authorities, which is attached as an accompanying document to the case file.