NCJ Number
160151
Journal
Annales Volume: 4 Dated: (1995) Pages: 1301-1313
Date Published
1995
Length
13 pages
Annotation
This article focuses on the justification and limits of the government's right to restrict individual freedom, giving special consideration to the Greek criminal code.
Abstract
The government's right to criminalize behaviors derives from its obligation to protect the social, cultural, and historical values of a society. The Greek penal code of 1951 reflects both the responsibility and limits of government power by guarding generally accepted values but deliberately avoids particular ideologies. It respects the citizens' right to political opposition and restricts sanctions to the minimum required to produce constructive change; it also maintains society's obligation to reform a convict. Thus, the code aims at both deterrence and social rehabilitation. In the spirit of rehabilitation, the Greek code maintains that insane offenders and juveniles need therapy rather than punishment. Since short incarceration can sometimes be harmful, Greek judges have the option of replacing short prison terms with fines or suspended sentences. Although some offenses have required additional legislation and some offenses have been decriminalized, the Greek criminal code has maintained these values through the vicissitudes of the past decades.