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Criminal Law and Procedure (From Introduction to Greek Law, P 303-324, Konstantionos D Kerameus and Phaedon J Kozyris, eds.)

NCJ Number
130900
Author(s)
D D Spinellis
Date Published
Unknown
Length
22 pages
Annotation
After a brief review of the historical development and sources of Greek criminal law, this chapter outlines Greek substantive criminal law and the law of criminal procedure.
Abstract
Greek criminal law provides that an act or omission must be examined from three viewpoints in three consecutive steps to determine if it is a criminal offense. First, the act must fall within the definition of a statutory offense. Second, it must be determined whether there is legal justification for the act or omission. Third, it must be determined whether there are any grounds which exclude imputability or guilt. This chapter details the elements in each of these three steps. Elements of imputability discussed are the capacity to appreciate and conform to the law, mental culpability, and the possibility to behave differently. A discussion of special forms of crime addresses an attempted offense and accomplices. Possible penalties are capital punishment, imprisonment, and fines. Sentencing factors are discussed, followed by an outline of the characteristics of the offenses of homicide, abortion, bodily injury, torture, theft, embezzlement, and fraud. The discussion of criminal procedure covers the institutions and the persons involved in criminal proceedings as well as the procedure itself. A 27-item bibliography and a subject index