Stricter punishment for domestic violence
Package of legislation to tackle alarming rise of abuse incidents to be tabled in Parliament soon
In the latest effort to tackle the phenomenon of abuse and violence that has seemingly reached alarming proportions, Justice Minister Giorgos Floridis announced a new package of legislative measures on Thursday with drastic changes to existing laws to protect victims, and provisions stipulating severe punishment of perpetrators.
The new measures, the product of months of legislative work involving senior judges, will soon be submitted for a vote in Parliament.
Among others, the measures provide for pre-trial detention for felony incidents of domestic violence. Release with restrictive conditions such as a bracelet and house arrest is to be allowed only in exceptional cases.
Sentences for perpetrators of domestic violence offenses are served without parole and cannot be commuted in any way. Moreover, the referral for trial shall be made shortly after the interrogation, without the intervention of a judicial council. It also foresees temporary custody, up to six months, for perpetrators of domestic violence even if they face misdemeanour charges. In the case of domestic violence offenses committed in the first instance, detention is extended up to five days.
Victims are safeguarded by the stipulation that their presence in court is not required; it is sufficient to read their statement and file a complaint, unless the judge deems their presence necessary.
There is also provision for the imposition of restraints before criminal proceedings are even brought in order to protect victims. If these conditions (for example, not approaching the victim, harassing, threatening etc) are violated, then a prison sentence is imposed.
Any recidivism by the offender is established as an aggravated case of domestic violence leading to the maximum sentence.
Even if the victim consents, no criminal mediation procedure may be used in the case of especially serious domestic violence misdemeanors. In any case, the prosecutor has the authority to deny or cancel the parties’ agreement to mediate if there is information that could damage the victim’s ability to make an informed decision. In cases of domestic abuse, the prosecutor investigates ex officio whether the custody status of the children should be altered.
A platform for reporting domestic violence crimes, even by third parties, is also envisaged, as is the creation of a file of domestic violence reports by the police authorities – which is attached as an accompanying document to the case file.
It should be noted that the new EU directive on violence against women has recently been implemented, while recent changes to Greek legislation included many protective provisions for victims.
