NCJ Number
160150
Journal
Annuales Volume: 4 Dated: (1995) Pages: 1283-1300
Date Published
1995
Length
18 pages
Annotation
This article summarizes sections of the Greek Constitution of 1975 and shows how they shape the criminal code.
Abstract
The "respect and protection of the value of the individual" guaranteed by Article 2 of the Constitution prohibits excessive criminalization or punishment. No clear limits for sentences are set; however, retroactive application of legislation is forbidden. Article 4 proclaims the equality of all persons before the law and establishes that laws apply equally to all on Greek soil, including women, minorities, and foreigners. The Constitution also shapes criminal procedure, expressively forbidding torture, psychological pressure, and any attacks against human dignity. Willful prosecution, arrest, and incarceration are prohibited, and the equivalent of the American habeas corpus is introduced. Article 93 of the Constitution establishes a court system divided into administrative courts, civil courts, and criminal courts, and Article 96 guarantees the independence of judges. The article concludes that the Greek Constitution is not clear enough on some penal issues (e.g., capital punishment) while other constitutional provisions still need to be expressed clearly in the criminal code.