The Role of the Public Prosecutor in Relation to the Execution of Sanctions
Chapter IV
The Role of the Public Prosecutor in Relation to the Execution of Sanctions
According to Sect. 549 CCP, the enforcement of decisions of a criminal court is effected by care of the public prosecutor of that court. A public prosecutor may, however, delegate this task to another public prosecutor or to a magistrate, especially if the convicted person is domiciled in a place outside of the area of the public prosecutor competent to take care of enforcement, and the latter consents to serving the sentence in a prison outside of his district. If the person convicted is not in custody when the sentence is pronounced, but he is present at the trial, the public prosecutor of the court orders the enforcement of the sentence immediately, even orally. Otherwise, as soon as the decision becomes irrevocable, he sends the competent police authority a written order to enforce the decision (Sect. 552 subs. 2 CCP).
The special public prosecutor for minors carries out the enforcement of decisions of juvenile courts, and also supervises the enforcement of reformatory and therapeutic measures (Sect. 549 subs. 5). It should be noted, that most of these measures are non-custodial (Sects. 122 and 123 CC).
It should be noted, however, that the amounts of pecuniary penalties, such as fines, are simply certified by the court clerk, in accordance with the decision of the court. The clerk sends the assessment to the competent public treasury office and the normal procedure of collecting them as public revenues is followed (Sects. 553 subs. 2 and 588 CCP).
The public prosecutor competent to enforce a community service sentence has a duty to determine the public service, or the organisation or physical person for whom the community service shall be performed (Sect. 82 subs. 7 CC). If the community service is not properly performed or not performed at all, the public prosecutor may, after hearing the convicted person, order that the custodial sentence or the pecuniary penalty, which had been replaced by community service, shall be enforced. Against his decision the convicted person may appeal to the misdemeanour court of the district (Sect. 82 subs. 9 CC).
The public prosecutor at the court of first instance of the place where the custodial penalty is served supervises the enforcement of custodial penalties as to its compliance with the provisions of the CCP and other relevant laws. To that effect he visits the prison at least once a week, and receives detainees who want to be heard on any problem they have. A substitute public prosecutor at the local Court of Appeal performs these tasks in certain large prisons situated in big cities (Sect. 572 subs. 1,2 and 3 CCP).
The public prosecutor at the court of first instance, with the approval of the public prosecutor of the Court of Appeal, is competent to suspend the enforcement of the sentence of a person convicted for certain drug related offences, who follows a therapeutical programme of abstinence approved by law (Sect. 6 subs. 3, Law 3189/2003).
The public prosecutor also has certain competences concerning the suspended sentence with (Sect. 100a subs. 2 and 8 CCP ) or without (Sect. 99 subs. 5 CCP) supervision. Since the organisation of a probation service for adults has not been established as yet, it is provided that, temporarily, the task of supervising compliance with the conditions imposed on the convicted person, is taken on by the public prosecutor of the court, which convicted him (Sect. 100a subs. 8 CC). This includes, amongst others, taking initiatives for changes, such as the withdrawal of the suspension, which is decided on by the court on application of the public prosecutor (Sects. 100a subs. 5 and 101 subs. 1 CC). Other, more minor matters are decided by the public prosecutor himself (Sect. 100a subs. 2 letter (a) CC).
The public prosecutor is also competent to take certain initiatives in the procedure of granting and of revoking parole (Sect. 110 subs. 2 and 3 CC). For instance, if the warden of a prison considers that the convict does not fulfil the conditions for being released on parole, he submits a report to the public prosecutor of the court of first instance. This public prosecutor in turn submits a proposal to the judicial council (Indictment chamber), which decides (Sect. 110 subs. 2 CC). The decision to revoke parole is taken by the same council on proposal of the public prosecutor, who is the authority competent to supervise the released prisoner (Sects. 110 subs. 3 and 100a subs. 8 CC). Finally, in urgent cases of danger to public order, the public prosecutor may order the immediate arrest of the convict, after which the legal procedure to revoke parole is initiated (Sect. 110 subs. 5 CC).
The Role of the Public Prosecutor in Relation to the Execution of Sanctions
According to Sect. 549 CCP, the enforcement of decisions of a criminal court is effected by care of the public prosecutor of that court. A public prosecutor may, however, delegate this task to another public prosecutor or to a magistrate, especially if the convicted person is domiciled in a place outside of the area of the public prosecutor competent to take care of enforcement, and the latter consents to serving the sentence in a prison outside of his district. If the person convicted is not in custody when the sentence is pronounced, but he is present at the trial, the public prosecutor of the court orders the enforcement of the sentence immediately, even orally. Otherwise, as soon as the decision becomes irrevocable, he sends the competent police authority a written order to enforce the decision (Sect. 552 subs. 2 CCP).
The special public prosecutor for minors carries out the enforcement of decisions of juvenile courts, and also supervises the enforcement of reformatory and therapeutic measures (Sect. 549 subs. 5). It should be noted, that most of these measures are non-custodial (Sects. 122 and 123 CC).
It should be noted, however, that the amounts of pecuniary penalties, such as fines, are simply certified by the court clerk, in accordance with the decision of the court. The clerk sends the assessment to the competent public treasury office and the normal procedure of collecting them as public revenues is followed (Sects. 553 subs. 2 and 588 CCP).
The public prosecutor competent to enforce a community service sentence has a duty to determine the public service, or the organisation or physical person for whom the community service shall be performed (Sect. 82 subs. 7 CC). If the community service is not properly performed or not performed at all, the public prosecutor may, after hearing the convicted person, order that the custodial sentence or the pecuniary penalty, which had been replaced by community service, shall be enforced. Against his decision the convicted person may appeal to the misdemeanour court of the district (Sect. 82 subs. 9 CC).
The public prosecutor at the court of first instance of the place where the custodial penalty is served supervises the enforcement of custodial penalties as to its compliance with the provisions of the CCP and other relevant laws. To that effect he visits the prison at least once a week, and receives detainees who want to be heard on any problem they have. A substitute public prosecutor at the local Court of Appeal performs these tasks in certain large prisons situated in big cities (Sect. 572 subs. 1,2 and 3 CCP).
The public prosecutor at the court of first instance, with the approval of the public prosecutor of the Court of Appeal, is competent to suspend the enforcement of the sentence of a person convicted for certain drug related offences, who follows a therapeutical programme of abstinence approved by law (Sect. 6 subs. 3, Law 3189/2003).
The public prosecutor also has certain competences concerning the suspended sentence with (Sect. 100a subs. 2 and 8 CCP ) or without (Sect. 99 subs. 5 CCP) supervision. Since the organisation of a probation service for adults has not been established as yet, it is provided that, temporarily, the task of supervising compliance with the conditions imposed on the convicted person, is taken on by the public prosecutor of the court, which convicted him (Sect. 100a subs. 8 CC). This includes, amongst others, taking initiatives for changes, such as the withdrawal of the suspension, which is decided on by the court on application of the public prosecutor (Sects. 100a subs. 5 and 101 subs. 1 CC). Other, more minor matters are decided by the public prosecutor himself (Sect. 100a subs. 2 letter (a) CC).
The public prosecutor is also competent to take certain initiatives in the procedure of granting and of revoking parole (Sect. 110 subs. 2 and 3 CC). For instance, if the warden of a prison considers that the convict does not fulfil the conditions for being released on parole, he submits a report to the public prosecutor of the court of first instance. This public prosecutor in turn submits a proposal to the judicial council (Indictment chamber), which decides (Sect. 110 subs. 2 CC). The decision to revoke parole is taken by the same council on proposal of the public prosecutor, who is the authority competent to supervise the released prisoner (Sects. 110 subs. 3 and 100a subs. 8 CC). Finally, in urgent cases of danger to public order, the public prosecutor may order the immediate arrest of the convict, after which the legal procedure to revoke parole is initiated (Sect. 110 subs. 5 CC).
