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THE GREEK OMBUDSMAN
The General Secretary on Crime Policy expressly accepted this point and
issued written instructions to all Detention Facilities administrations, on
handling cases of prisoners stating that they don’t wish the initiation of
parole procedure.
b. - Calculation of sentence served
A female prisoner, whose sentence, already partially served, was overthrown
by the court of appeal, requested that the term served has to be taken
into account for calculating a sentence imposed on different charges. The
court found that the time served on the first sentence may not be taken
into account for the calculation of the second sentence, as article 87 of
the Criminal Code only allows it for concurrent offenses tried jointly. It was
considered that the prisoner only had the option to claim compensation for
the time served on the basis of the first sentence, under article 533 etc. of
the Criminal Procedure Code.
The Ombudsman considers the mere option for compensation inadequate.
Undeniably, from a legal policy point of view, the time served by the prisoner has to be taken into account, under a decision that was subsequently
overthrown, for the calculation of subsequently imposed sentences, if the
incarceration was not interrupted. The Ministry of Justice has forwarded the
Ombudsman’s proposal for the addition of a relevant paragraph to article
87 of the Criminal Code, which is currently under revision, to the Special
Drafting Committee.
Welfare and insurance benefits for prisoners
a. - Severe disability benefit for prisoners
A former prisoner complained of discontinuance of a benefit received since
2014, for 67% invalidity. As noted above, the severe disability benefit aims
at ensuring the resources necessary to cover increased living cost due to
the disability, given that hospitals or welfare institutions provide treatment
with regard to the disability. Even if assumed that the Detention Facility
is able to cover the basic living and treatment needs, it is not within its
mission to hold the necessary infrastructure for the personalized treatment
needs of prisoners. The mission of Detention Facilities, in conclusion, does
not coincide with that of welfare institutions or hospitals.
Furthermore, discontinuance of the severe disability benefit during incarceration is an conflicting administrative act and, as such, it should be expressly
provided by law. In any case, inconsistent behaviour of the administrative
agencies involved should be eradicated, and a common practice established.
The Ministry of Labour has informed the Ombudsman that it will “bring once
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