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The government has chosen the path of mass statute of limitations for misdemeanors punishable by up to one year in prison, to deal with the overload of criminal courts, which remain closed due to a pandemic.
An order presented by Minister of Justice Konstantinos Tsiaras (published in Kathimerini on Sunday) ends the criminal process for crimes punishable by up to one year in prison, with some exceptions such as:
– crimes related to the spread of the crown (285 BC)
– offenses related to the escape of a prisoner,
– by auction (notarial deeds)
– false complaint to the Authority (230 BC)
– sexual assault (337 BC) etc.
THE PROVISIONAL ANALYSIS
Article 63: Limitation and termination of criminal prosecution.
1. The crime is prohibited and prosecution of minor offenses, which have been committed until 04.30.2020, against which the law, as the main punishment, threatens imprisonment for up to one (1) year or a fine or the provision of community or cumulative services some of the above penalties.
2. Yes, in the case of petty crimes. 1, the offender falls within two (2) years from the publication of this in a new fraudulent criminal act of misdemeanor or misdemeanor and is irrevocably sentenced at any time to a deprivation of liberty of more than six (6) months, the suspended sentence continues. prosecution and the time elapsed from the cessation of the prosecution until the irrevocable conviction for the new act does not count in the statute of limitations of the crime of the first act.
Article 64. Limitation and non-execution of suspended sentences.
1. Main sanctions: a) imprisonment of up to six (5) months or b) fines or c) sanctions for community service, imposed by decisions, which have been issued until its publication, if the decisions have not been irrevocably taken and these sanctions they have not been imposed in any way until the publication of this, they are prohibited by law and are not enforceable as long as the convicted person does not commit a new criminal offense within two (2) years of the publication of this fraudulent act. that I will irrevocably condemn each time a custodial sentence of more than six (6) months.
In the case of a new conviction, the convicted person will add, after the sentence of the new sentence and the non-sentence, and the time elapsed since the publication of this law will not be counted in the limitation period of the sentence not completed. until the irrevocable sentence for the new act. The first paragraph shall not apply to cumulatively imposed fines with a deprivation of liberty of more than six (6) months.
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