NATIONAL PREVENTIVE MECHANISM AGAINST TORTURE AND ILL-TREATMENT 2019
police and correctional services and namely their recommendation to avoid any
provision that could entrust the police with competencies regarding detention
facilities.
In functional terms, the initial en bloc transfer of the General Secretariat of Crime
Policy from the Ministry of Justice to the Ministry of Citizen Protection remained
incomplete. Some of its services that were initially transferred to the latter returned
to the former6 , thus reflecting a fragmentation of crime policies.
2.a.2 New Codes
A key development in the domain of criminal policy was undoubtedly the
introduction of the new penal code (L.4619/2019, entry into force 1.7.2019) and the
new code of penal procedure (L.4620/2019) and their subsequent amendments
(L.4637/2019, entry into force 18.11.2019).
7
The Ombudsman has sent a letter to the Minister of Justice with his general remarks7
and ad hoc comments regarding specific provisions under amendment and other
subsequent legislation regarding crime policy.
recommended that «there shall be a clear distinction between the role of the police and the
prosecution, the judiciary and the correctional system»" (Recommendation Rec [2001) 10,
the European Code of Police Ethics). The A. Coyle report that accompanies the rules and the
relevant comments underline that: V. Prison administration and staff. a. The responsible
ministry. Responsibility for the administration of prisons must lie with a national or regional
government department. The Council of Europe strongly recommends that the most
appropriate department is the ministry of justice, where it exists, and since the end of the
1980s the Council has required all new accession states to transfer prison administration to
this department. This is now the case in all but two jurisdictions: in Spain, but not in Catalonia,
it comes under the Ministry of the Interior and in England and Wales, where there is no
ministry of justice, prison administration comes under the Home Office. The main reason for
this requirement by the Council of Europe is as a means of separating the functions of the
police service, which is generally responsible for the investigation of crime and the arrest of
suspects, from that of the prison service, which is responsible for the detention of accused
and convicted persons as directed by the courts"
6 Including institutions for the protection of minors, the forensic medical service and the
juvenile probation and social assistance services.
7
The Greek Ombudsman, Annual Report 2019, p.179-181 https://www.synigoros.gr/
resources/ee2019 -p00-plires-keimeno.pdf (complete version available in Greek and
executive summary available in English)
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