Criminal Procedure Code at Greece
Greece's criminal procedure is governed by the Code of Penal Procedure, which underwent significant reforms with the enactment of Laws 4619/2019 and 4620/2019, effective from July 1, 2019. These laws replaced the previous legislation and introduced substantial changes to criminal law and proceedings in Greece . (New Criminal Code and New Code of Criminal Proceedings to come into force as of 01.07.2019 in Greece - Lambadarios)
⚖️ Key Features of the Greek Criminal Procedure Code (as of 2019)
1. Presumption of Innocence and Burden of Proof
The revised Code explicitly incorporates the presumption of innocence, stipulating that defendants are not obligated to produce evidence in their defense. Instead, the burden of proof lies with the prosecution, which must establish the defendant's guilt beyond a reasonable doubt . (New Criminal Code and New Code of Criminal Proceedings to come into force as of 01.07.2019 in Greece - Lambadarios)
2. Criminal Conciliation and Negotiation
The new legislation introduces alternative dispute resolution mechanisms:
Criminal Conciliation: Applicable to specific felonies, allowing the defendant and victim to reach an agreement, leading to reduced sentences.
Criminal Negotiation: Permits defendants to negotiate their sentence with the prosecutor, subject to court approval . (New Criminal Code and New Code of Criminal Proceedings to come into force as of 01.07.2019 in Greece - Lambadarios)
3. Criminal Order Procedure
For certain misdemeanors, prosecutors can request a "criminal order" from a judge, imposing a sentence without a trial. Defendants have 15 days to object; if no objection is filed, the sentence is executed . (New Criminal Code and New Code of Criminal Proceedings to come into force as of 01.07.2019 in Greece - Lambadarios)
4. Sentencing Reforms
The Code introduces new sanctions, including community service and monetary fines, and abolishes the suspension of sentences over three years. Convicts must serve at least one-tenth of sentences exceeding three years before requesting conversion to community service . (New Criminal Code and New Code of Criminal Proceedings to come into force as of 01.07.2019 in Greece - Lambadarios)
5. Statute of Limitations
The statute of limitations varies: 20 years for felonies with life sentences, 15 years for other felonies, and 5 years for misdemeanors. Suspension periods apply during ongoing proceedings . (Comparisons | Global Practice Guides | Chambers and Partners)
6. International Cooperation
Greece has ratified treaties on extradition and mutual legal assistance, including the European Convention on Extradition and the European Convention on Mutual Legal Assistance in Penal Matters. These are supplemented by provisions in the Code . (Procedure Before Criminal Courts - GREEK LAW DIGEST The Official Guide to Greek Law)
📄 Accessing the Code
UNODC Excerpts: The United Nations Office on Drugs and Crime provides excerpts of the Greek Code of Penal Procedure. These excerpts offer insights into the procedural aspects of Greek criminal law. You can access them here: 👉 Code of Penal Procedure Excerpts (Code of Penal Procedure Excerpts)
Lexgraeca Translation: For a comprehensive English translation, Lexgraeca offers a bilingual edition of Law 4620/2019, which includes detailed glossaries and expert commentary. This resource is particularly useful for legal practitioners and researchers. Find it here: 👉 The Greek Code of Criminal Procedure (The Greek Code of Criminal Procedure - Lexgraeca)
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