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Article 1 Amendments to the Penal Code

AH, The following Articles shall be added to the Criminal Code after Article 110a:

' Article 110b Discharge of sentenced persons subject to house arrest

With electronic surveillance

1. Those sentenced to a custodial sentence may, at their request, be dismissed on the condition of house arrest by electronic surveillance, as defined in Article 283A, if they have done so: Temporary incarceration, 2/5

(b) for a life sentence of at least 14 years;

No, In the case of cumulatively large amounts of

For the purposes of the second sentence, the sentenced person should have served as a result of the treatment of the offences referred to in (a) and (b). In any case, the cathode may be terminated if it has done 17 years, even if the above sum exceeds the limit. The sentence passed is considered to be the one that was considered beneficial in the n. NO 2058/1952 The provisions of this paragraph shall not apply to the criminal proceedings referred to in Articles 22 and 23 of the Law. Articles 134, 187, 187A, 336, 338, 339 (1) (a) and (b), 342 (1) and (2), 348A (4), 351A (1), (a) and (b) and (b) and (3), 380 (1) and (2) and (2) and (2), (2) and (2) and (2), (2) and (2) and (2), (2) and (2) and (2), (2) and (2) and (2), (2) and (2) and (2), (2) and (2) and (2) (2) In the last case, a life sentence was imposed.

2. In the case of temporary incarceration the defendant should have remained in the prison sentence for a time equal to one fifth (1/5) Of the sentence imposed on him, in the case of life imprisonment for a period equal to ten (12) years. The period of one fifth (1/ 5) or, in the case of a life sentence of 12 (12) years, is increased by one sentence of the number of penalties, which may have been imposed, in the case of cumulative effects. In any case, however, the sentenced person may be dismissed if it has been carried out in the prison term 14 (14) years. In order to be dismissed in accordance with the provisions of this Article, it shall not be required to be sentencing unsolicited. The provisions of this paragraph shall not apply to the crime of the death of treason, for whom Article 5 of the Law shall continue to apply. 2058/1952 or for the crime of manslaughter with the intention of Article 299 (1), provided that this action has been committed against an official in the course of his service.

3. Discharge in accordance with the provisions of this Article may be determined in advance of hours of the day other than the place where his or her home address is exclusively for work, education or vocational training; The Committee of the Committee of the European People's Committee on the Environment, Public health and the Committee on the Environment, Public health and the Committee on the Environment, Public health and the Committee on the Environment, Public Safety and Energy The hours of imprisonment of the sentenced person from the place of home confinement and all of his obligations shall be determined either by means of a trap ordered to be dismissed or after the release of the sentenced person, by order of the Prosecutor-General. Of the place of use

MEMBER OF THE GREEK EXCERPT

First, From the Official Journal of the Hellenic Republic, 30 October 2013, No Meetings of the Assembly of the House, in which

The following draft law was adopted:

Electronic surveillance of footwear, convicts and registered persons and other provisions

Sentence; By order of the same Prosecutor, either in the case of an application by the sentenced person or on his own initiative, he decides to change the place of the house at home, the modification of the programme of hours of the sentenced person by him and the enforcement, or The Committee of the Rules of the European Parliament. The provisions in Article 106 (2) shall apply.

4. The dismissal of the sentenced person in accordance with the provisions of this Article may be withdrawn when the defendant fails to comply with the obligations imposed on him and suspected of having regard to the gravity of the breach of his obligations, I would like to point out that, in the context of the reform of the common agricultural policy, the Commission has made a number of amendments to the Commission's proposal. In the event of revocation, the time from termination to the new arrest shall not be calculated in the sentence imposed. The sentenced person shall retain, in any event, the right to be dismissed in accordance with Article 105.

5. The dismissal of the sentenced person in accordance with the provisions of this Article shall be lifted when the sentenced person, during the period referred to in paragraph 6, shall be: (a) cumulus or floating members of a prison sentence of at least six months imprisonment. (b) in respect of which the licence referred to in Article 173A was received. In the event of lifting of the dismissal, the time from dismissal to the new arrest shall not be calculated on the penalty. The sentenced person shall be entitled to be dismissed on condition referred to in Article 105, after remaining in the penitentiary a further year in relation to the cases referred to in Article 105 (1) (b) and (c). The preceding subparagraph shall not apply if, at the time of the sentencing, the sentenced person has already been accused of dismissal under Article 105, without having been withdrawn, resulting in the penalty for which the dismissal was granted. Shall be deemed to have already been assessed in accordance with Article 109. If, at the time of the death penalty, the dismissal referred to in Article 105 had already been granted, without the period referred to in Article 109 lapsed, the dismissal of Article 105 shall be lifted and the sentenced person shall acquire the The right to be made conditional on a condition referred to in Article 105, after remaining in the prison sentence of an additional year in relation to Article 105 (1) (b) and (c).

6. This Article shall be terminated until the time when the discharge is granted to the sentenced person under Article 105.

7. Cases relating to the conduct of offences committed under house arrest by electronic surveillance shall be subject to absolute priority.

Article 110 c Conditions and procedure for dismissal under the

Term of house-restriction with electronic surveillance of convicts and the withdrawal thereof

1. In order to be dismissed on the condition of house arrest, electronic surveillance shall be decided at the request of the sentenced person, the Council of Ministers of the place of residence of the sentenced person. The sentenced person shall not be invited or presented to the Council;

However, it is necessary to submit a document in a letter. If the Council considers that this is necessary, it may order the appearance of the sentenced person before it. The dismissal shall be granted in any event, unless it is found that the conduct of the sentenced person, at the time of his sentence, makes it absolutely necessary to continue his detention in order to prevent any further criminal offences from being committed. The request of the sentenced person shall be accompanied by a reference to the address of the holder of the detention and a report of the social service of the institution, which shall be introduced to the Council by the Prosecutor of the Hellenic Republic. In the social service report, special reference is made to the social and wider social environment of the sentenced person, with particular reference to its relations with persons likely to be affected by this dismissal.

2. If the request for dismissal subject to home-restricted by electronic surveillance is not accepted, a new application may be submitted four months after the rejection.

3. For the revocation of the decision of the same Judicial Council, at the request of the Prosecutor's Office of the Court of Justice of the Court of Justice. The sentenced person shall be required to attend at least ten (10) days before the meeting of the Council. The solution referred to in Article 110B shall be revoked at any time by means of an order of the Prosecutor of the place where the sentenced person has been sentenced.

4. In the event of an emergency, in order to prevent the risk of public order, the Public Prosecutor of the place where he has been released may order his temporary arrest, after which he is to be taken immediately, with the The decision to revoke the decision shall be taken. In the event of a final revocation, it shall be deemed to have occurred from the day of the arrest. ' OTHER: In the Penal Code after Article 129, the

Article 129a, as follows:

' Article 129a Discharge of minors under the condition of home

Restricted by electronic surveillance

1. Adults who have been sentenced to a restricted detention period may, at their request, be dismissed on the condition of house arrest by electronic surveillance as defined in Article 283A. If they have obtained a third of their sentence. The application must be accompanied by a report by the Social Service of the detention and report of the Child Services Agency. In these reports, specific reference is made to the wider social environment of the sentenced person, with particular reference to its relations with persons with whom it is likely to be treated as such. The penalty assessed is considered to be the one calculated in accordance with the provisions in force.

2. The dismissal under the condition of house arrest with electronic surveillance cannot be granted if the minor has not remained in a special youth detention period for a time equal to one fifth (1/5) Of his sentence.

3. The dismissal subject to house restrictions

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Electronic surveillance may be withdrawn when the minor does not comply with the obligations imposed on him and is likely to be aware of the fact that the breach of his obligations, the mode and the general conditions in question; It is not the expectation that the future will meet its obligations in the future. In the event of revocation, the time from the dismissal to the new arrest shall not be served on the prescribed sentence. The minor reserves the right to be dismissed on condition Article 129.

4. The dismissal provided for under house arrest by electronic surveillance shall be waived, where the minor, and the length of time during which such termination takes place, is done by an act-which would have been an adult-for which the adult would have been an adult. It has been condemned at any time. In the event of lifting, the time from dismissal to the new arrest shall not be calculated on the penalty. The minor reserves the right to be dismissed on condition Article 129.

5. The dismissal under the condition of house arrest with electronic surveillance shall be waived, where the minor, and the length of time that the discharge takes place, shall be done by an act-which would have been a criminal offence-for which he was convicted. At any time, however. In this case, the time from a-polarisation to the new conception shall not be calculated on the basis of the sentence and the minor acquires the right to be made conditional on Article 129, after remaining in the special detention centre for a further year in an additional year. Relationship with Article 129 (1) and (4). The preceding subparagraph shall not apply if, at the time of the sentencing, the dismissal had already been granted on condition that Article 129 had not been withdrawn, which resulted in the penalty for which the discharge was granted. In accordance with Article 129 (7). If, at the time of the sentencing, the dismissal provided for in Article 129 had already been taken, without the period referred to in Article 129 (7) had elapsed, it shall be waived-as laid down in Article 129; and The sentenced person acquires the right to be dismissed on condition referred to in Article 129, after which he shall remain in the special detention centre for a further year in relation to Article 129 (1) and (4).

6. The provisions of Articles 110B (3) and (7), 110C (1), third subparagraph, third subparagraph, third, 129 (2), first and third subparagraphs, first and third subparagraph, paragraph 5, first subparagraph, paragraphs 8 and 10. ' "C." The Penal Code after Article 173 is added

Article 173A, as follows:

" Article 173A Violation of house restrictions

Electronic surveillance

1. Whoever, at the time of electronic surveillance, intends to: (a) remove, destroy, flex, or in any way occur on the device or the electronic surveillance system or b) in any way distorts the relevant information. Monitoring of personal data, to be carried out at least one year. The same sentence shall be given to the person who, at the time of the electronic payment;

In the event of an accident or failure to operate the device or the electronic surveillance system, it shall escape the surveillance of the competent authorities. The penalty of the above offences is carried out all -

A clergyman after the sentence imposed or imposed on the act for which the electronic user was impaired.

2. Any participant in the above transactions shall be equal to at least two years' imprisonment. If the participant has the status of a correctional or a member of an official or of the official responsible for the electronic supervision of an official, he shall be sentenced to eight years' imprisonment. ' D; Article 182 of the Penal Code is added

Paragraph 3 with the following content: ' 3. With the sentence of paragraph 1 of this article,

If, after submitting to him in accordance with electronic surveillance, it is in breach of electronic surveillance, it infringes the laws which have been imposed on him by law and in accordance with his obligations. '

Article 2 Amendments to the Code of Criminal Procedure

AH, At the end of the first subparagraph of Article 282 (2) of the Code of Criminal Procedure, the phrase 'and house-to-house surveillance is hereby replaced'. OTHER: Article 282 of the Code of Criminal Procedure with -

In paragraph 2, a new paragraph (a) 3 shall be added as follows, the number of the other parafs in 4, 5 and 6 respectively:

' 3. (a) Under-house restrictions with electronic surveillance, as defined in Article 283A, only if the conditions of paragraph 1 are met, and it is justified that the other descriptive terms are not sufficient to achieve this objective. The purposes of Article 296, provided that the accused is persecuted for a hearing, has known residence in the country and: (aa) he has made preparatory actions in order to

To make it easier to leave or in the past there has been a prison or a fugitive, or has been found guilty of a prison escape or for violation of limited means and by the connection of one of the above elements, it appears to be a flight risk, or (bb) is judged. Justifying that if released

(b) If the defendant has failed to do so, it is very likely that, as a result of prior notification of a criminal offence, he may commit other crimes. (b) If the defendant has failed to do so;

If a maximum of 20 years or if the crime has been performed repeatedly or there is a large number of people suffering from it, it may be ordered to reduce the dose by electronic means. Whereas, on the basis of the specific characteristics of the act and the general personality of the accused, it is justified that this measure has a bearing on the expectation that the latter will not do otherwise. A crime scene. The provisions of this paragraph shall not apply to legal persons referred to in Articles 22 and 23 of the Law. (a) 4139/2013, Articles 134, 187, 187A, 336, 338, 339 (1) (a) and (b), 342 (1) and (2), 348A (a),

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Clause 4, 351A (1) (a) and (b) and (3), 380 (1), second and 2 and 299 (1). (c) In very exceptional cases it may be possible to

Under house arrest by electronic surveillance of the defendant and for the pleas of homicide from a serial killer, if any of the criteria referred to in (a) and the other conditions are fulfilled. Conditions of the first subparagraph. In this case, the limit for the duration of the limitation period is six months. (d) Only the actual weight of the operation is not sufficient.

For the imposition of home-restricted electrical surveillance. At home limited electronic surveillance is not ordered without prior history of the accused. Only the fact that such an application by the latter does not make it possible without any other flight or to commit new crimes, and that is not enough to enforce the pre-saved detention. E) If the accused does not comply with them

Obligations imposed on him on home-restricted by electronic surveillance, it is possible to replace them with temporary detention as referred to in Article 298. In the event of an appeal by the defendant in Article 173A, the President-in-Office shall be replaced by electronic surveillance with provisional detention. The provisions of this paragraph shall apply;

In the case of a minor defendant who has completed the tenth year of his age, if the act for which he is accused, when it is committed by the institution, is under threat of imprisonment for at least ten years. In this case, an electronic surveillance system may not exceed six months and may be extended for three months by the court in the case referred to in the second subparagraph of Article 291 (1). The request for home-limited electronic surveillance is provided cumulatively by the juvenile delinquent and by the person who has his authority. If the minor does not comply with the obligations imposed on him in relation to the house in question by electronic surveillance or the crime referred to in Article 173A, it is possible to replace it with provisional detention. ' "C." The first subparagraph of Article 4 (4)

282 of the Code of Criminal Procedure shall be replaced by the following:

' Temporary detention may be imposed instead of: (a) under house arrest by electronic surveillance, where this measure is not sufficient or cannot be subject to a lack of knowledge of the accused in the country or due to the latter. However, if the conditions laid down in the first paragraph of this Article are not sufficient, only if the conditions laid down in the first paragraph of this Article are not sufficient, if the conditions of the first paragraph of this Article are not sufficient, only if the conditions of the first paragraph of this Article are not sufficient. Is being persecuted for felonies and has no known residence in the country or has done preparatory work. Actions to settle his flight or in the past have been a fugitive or a fugitive, or has been found guilty of a prison break or a violation of restrictions on a permanent and a -

On the basis of the above information, it is clear from the fact that if it is left to the book, it is very likely that, as is apparent from its previous unchanged convictions for criminal acts, it is also possible to commit other acts of violence. A crime scene. D; The first subparagraph of Article 6 (6)

282 of the Code of Criminal Procedure shall be replaced by the following:

' 6. Paragraph 4 shall also apply to a juvenile delinquent who has completed the tenth year of his age, provided that the act for which it is referred to is under threat to a minimum of ten years'imprisonment'. E. 1. The title of Article 283 of the Penal Code

The following is replaced by the title: "Post-apology procedure". 2. The first subparagraph of paragraph 1 of Article

283 of the Code of Criminal Procedure shall be replaced by the following:

' 1. In the cases referred to in Article 282, the interrogator, immediately after the deferment of the accused, may release him or issue a restraining order which restricts him or, if the conditions of the previous one are concerned, Article, to issue home-enforcement restrictions with electronic surveillance or, if the above measures do not allow, to extrapolate, to issue special and eventuality, a reasonable period of temporary detention, after which, in any event, and in any event, The written consent of the Advocate General. ' F - After Article 283 of the Code of Criminal Procedure -

An Article 283A is added as follows:

" Article 283A At home, restrictions on electronic surveillance

1. "Under-house restrictions" means the imposition on the defendant of the obligation not to come out of a specific and specific provision in the order in which the building or contract of buildings, which is established, constitutes the place of residence or residence. To this end, the accused shall be supervised by means of electronic means. The defendant is charged with not intervening or acting in any way on the electronic media and on the monitoring of personal data. There is a need to monitor and record through a system of geopolitics only the geographical location of the accused and keep a record.

2. As regards the period of validity of the measure by means of electronic surveillance and the dissemination, follow-up or extension of the measure, the provisions laid down in Articles 287 and 288 of the Treaty shall apply.

3. The cost of electronic surveillance means the defendant, in accordance with paragraph 4. For this purpose, it is necessary to require an advance payment of the surveillance for a period of six months without delay. In the event of an extension of the duration of the measure referred to in Article 287, the advance payment of the extra expenses shall be imposed by the case concerned. If, for any reason, the measure is removed or replaced before the end of the period for which the costs have been prepaid, then

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In the case of a decision, order or dive, the difference shall be made in the case of the person who has been prejudiced. If the defendant is acquitted, convicted or terminated against the prosecution, Article 303 shall apply to the dispute accordingly.

4. In the event of an advance payment within the time-limit granted by the investigating officer, the latter shall, on the basis of a proposal from the Advocate-General, impose a provisional detention, unless the defendant is deemed to be devoid of any obligation to do so. The Court of Justice of the European Communities, the Court of Justice and the Court of Justice of the European Communities.

5. The one at the expense of which the measure under house arrest has been imposed by electronic surveillance is kept until the relevant costs have been incurred. Once these have been paid, it is the responsibility of the institution responsible for the adaptation of the technical surveillance system, together with the relevant provision of the latter. If, in the case of a court of law, where the measure has been imposed, it is not possible, the accused shall be taken without delay to the nearest legal region in which the competent institution operates. Once the technician has been adjusted and activated for electronic surveillance, it shall be located in the pre-established building or complex of buildings and a copy of which shall be part of the file. The duration of home restriction shall start from the day of issue of the enforcement order. ' F. .. In paragraph 7 of Article 497 of the Code,

In addition, the following subparagraph shall be added as follows: ' If the defendant is charged with the restriction

Article 283A shall apply to home-restricted by-house with electronic surveillance, with the exception of paragraph 2 of that Article. '

Article 3 Amendments to the Penal Code

1. Paragraph 4 of Article 54 of the Penal Code (v. Regulation (EEC) No 2776/1999, (291) is replaced by the following:

' 4. Only the property of the foreign, the homeless or the other family does not preclude the granting of a licence. Special restrictive conditions may be placed in the above categories by the competent body for the monitoring of their movements by the Child Services of Children or Social Security Supervisors. Where this is not possible, the monitoring of the sentenced person may be made by means of a recording of its geographical location, via electronic monitoring by the competent authority with respect to a record. The application of this condition requires the consent of the sentenced person. '

2. Paragraph 3 of Article 56 of the Penal Code is replaced by the following:

' 3. Restrictive conditions may be imposed on the sentenced person, in particular as regards his/her own person and the manner in which he is read. Such restrictive conditions may be laid down in subparagraphs (d), (f) and (3) of Article 100 BC, or in a cumulative or cumulative manner. If it is a teenager, the authorisation may also depend on the condition, that when leaving the store and its return it will be accompanied by the parent or person.

That exerts its function or its nearest contract person. The convicted felon is required to present himself without delay to the police department of his place of residence. Where the sentenced person is serving a life sentence or twenty-five years, the authorisation may be granted subject to house restrictions or locusts of movement with electronic surveillance. The application of this condition requires the consent of the sentenced person. '

3. After paragraph 5 of Article 56 of the Penal Code, paragraph 6 is added as follows:

' 6. For the purposes of the concept and the specific arrangements for the implementation of the home restriction and the identification of movements by electronic surveillance, the arrangements referred to in paragraph 1, the first and third subparagraphs of paragraph 3 and of paragraph 3 shall apply respectively. The first and fifth subparagraphs of Article 283A (5) The sentenced person against whom the condition of house arrest has been supervised or has been placed on the ground of movement by electronic surveillance, after the costs specified by the competent Council are directed to the institution designated for the purposes of the procedure. Adaptation of the technical surveillance, with the Council's decision. If, in the case of a decision on which the condition was imposed, it is not possible to do so, the sentenced person shall be transferred without delay, by decision of the same Council to the nearest member state to which the institution operates. Once the technical equipment for electronic surveillance has been established and activated, it shall be located in the pre-defined space, and a report shall be drawn up, a copy of which shall be included in the individual file (s) of the party. '

Article 4

1. The selection, adaptation and installation of electronic and other technical instruments for the electronic surveillance of subdued, sentenced persons and detained on leave and necessary for this purpose shall be carried out in accordance with the criteria laid down by the Effective monitoring of these persons in such a way as to ensure that their personality is respected and collected and processed only those personal data which are necessary and recent in order to achieve them; (i) the objectives of the electronic communication, which consist of the need to guarantee compliance The Committee of the Environment, Public Health and Consumer Protection and the Committee of the Environment, Public Health and Consumer Protection and the Committee of the Environment, Public Health and Consumer Protection and the Committee on the Environment, Public Health and Consumer Protection

2. With a presidential decree, issued with a proposal by the Ministers for Justice, Transparency and Human Rights, the species, specifications and procedure for the provision of electronic and other techniques are identified, and Equipment and surveillance systems, the installation, operation and maintenance of such equipment, the possible pilot period of operation of the system, the method of monitoring and recording of the geographical location of the persons concerned, the cost of It will be borne by each individual person and the way in which it is paid, the entry into force Of the measure and any other matter relating to its technical and operational implementation. The same decree defines the natural or legal pro -

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People, which may be entrusted with the implementation and operation of the electronic monitoring system of the subdued, sentenced and detained persons, as well as the competent department of the Ministry of Justice, Transparency and Human Rights He supervises, checks and monitors the management of the system by the above persons. With the same or similar dimension, and after an opinion;

The authority of the Data Protection Authority of the Personal List shall specify any issue relating to the type of personal data received

(i) the processing, collection, storage, use and addressees of such data, the time-limit for these, the organisational and technical aspects of the safety of their processing, the dissemination of the results of these data; Having regard to the proposal from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the European Parliament, of the European Parliament, of the Council, of the European Parliament, of the European Parliament, of the Council, of the European Parliament, of the Council, of the European Parliament, of the Council, of the European Parliament, of the European Parliament, of the Council, of the European Parliament, of the European Parliament, of the Council, of the European Parliament, of the European Parliament, of the Council, of the European Parliament, on These, in accordance with the basic principles of n. 2472/1997.

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Article 5

' CHAPTER I

Harmonisation of Greek legislation by Council Directive 2013 /16/EU of 13 May 2013 adapting certain Directives in the field of public procurement, by reason of the accession of the Republic of Croatia.

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