New provision foresees pre-trial detention for repeat offenders
Defendants who commit a new criminal felony while under restrictive conditions will be taken to prison, according to an amendment to a provision that is being drafted by the Justice Ministry.
According to the current criminal procedure code, the restrictive conditions imposed on defendants may be replaced by temporary detentions if they violate them, have committed preparatory acts to flee, fail to appear before an investigating judge or the court despite having been legally summoned and having no reasonable cause that makes it impossible for them to attend.
Kathimerini has learned that the Justice Ministry plans to amend the relevant provision so that in cases of new commission of serious crimes, the accused will be compulsorily remanded in custody.
Ministry sources say the aim is to address the repeated criminal behavior of defendants who do not hesitate to commit new crimes during the time they have been released on probation.
The new measure of mandatory pre-trial detention is expected to apply to defendants who, while on conditional release, may commit manslaughter with intent, or be charged with, among other crimes, terrorist acts, causing grievous or fatal bodily harm, theft, robbery, extortion or felony fraud.
If a new misdemeanor offense is committed, the competent judicial body (the investigating judge or the judicial council) will decide whether to replace the restrictive measures imposed so that the defendant is ultimately remanded in custody.
Moreover, ministry sources said that if a defendant accused of a felony is involved in a new serious criminal act, the new criminal prosecution will be immediately notified to the relevant investigating judge or the relevant judicial council, followed by his or her pre-trial detention.
Justice Minister George Floridis announced the amendment of the relevant provision to replace restrictive conditions with temporary detention in comments to Skai Radio on Wednesday. He said that there is a gap in the issue of recidivism in Greece which needs to be addressed.
“Someone commits a felony act, is taken to the investigating judge and released, or stays in prison for two to three months, is released and continues,” Floridis said. “We have a gap there, which will soon be closed,” he added.
In the interview, Floridis said the changes made by the Justice Ministry, and those to come, is for the state “to look at the side of the victims as well.”
He also stressed that “no accused person’s rights will be violated.”
