The anachronism of the penal system as a brake on the administration of justice

Angelos Τσιγκρή, Lawyer – Professor Of Criminology
Our criminal justice system has come full circle. It is no longer necessary to change…
orientation of the whole philosophy of criminal justice.
In particular, we need to gradually start to overcome the hitherto purely punitive function of the Criminal Law and to turn to a more or, where possible, Criminal Law, remedial or restoration of the damage suffered by the victim, with the immediate restoration of faults that can be rectified (e.x. damage to property, etc.).
In such a reform effort that is aimed at the core of the philosophy of criminal repression, in addition to the reform of the basic criminal legislation (Criminal Code – Criminal Procedure Code – Correctional Code), it is necessary for the immediate compensation of victims who are in immediate need.
The damages that can be restored, the punishment should include alternative sentences (e.x. community service, probation with an “electronic bracelet”, shops ημιελεύθερης living prisoners, a partial sentence, etc.), which will εκτίονται in combination with the simultaneous restoration of the harm suffered by the victim.
In the same reform effort should be provided and a brave decriminalisation of behaviours, such as misdemeanors and selected “light” transgression (competence one-Member magistrate court), in order to decongest the penal system (courts and prisons) and the acceleration in the administration of criminal justice.
Of course, the perpetrator of such συμπροφορών will not remain unpunished, but it will have civil and / or administrative responsibilities, in combination with the wide application of the institution of judicial (out-of-criminal) mediation.
The citizen must cease to be disappointed by the unhurried and ineffective criminal proceedings. The trial of criminal cases should be timed directly connected with the crime, so as not to perpetuate the impression of impunity.
With regard to the perpetrators of felonies and other crimes, the damage can not be restored, you will need to maintain a custodial sentence in closed detention centres, in conjunction with the provision of imposition of an ancillary penalty, payment of compensation, for each day of detention, the amount of which will be secured for the Public with the personal property of the prisoner or, alternatively, with provision of a work (within or outside the prison, depending on the severity of the act).
Let’s take as an example a supposed public servant, νυμφευμένο, with three minor children, who falls the victim of a homicide for the purpose of robbery.
In the best case scenario, the offender is arrested, brought to Justice, convicted and imposed the sentence of life in prison.
Now, let’s see what “ignoring” our criminal justice system: The victim of a homicide leaves behind his wife, three minor children, who reside in a rented apartment. Once the wife learns of the incident, there is serious damage to the health of the that makes it unable to provide work.
Questions:
How will you survive in this family, the crime dramatically changed her life? The answer is that it doesn’T WORK NO.
Does it increase the chances of the more minor daughter of the family to follow a deviant behavior (e.x. to start to be issued, to ensure the survival of the remaining members); The answer is CLEARLY YES.
Does it increase the chances of the younger brothers to enter the field of delinquency and illegality (e.x. use and trafficking of drugs); The answer is CLEARLY YES.
The above list is inexhaustible and gives relief to the image of social pathogenesis that creates the crime and increasing recycling.
To break the above vicious cycle of crime should be established -apart from repression – and the εγκληματοπροληπτική dimension in the administration of criminal justice, concerning first and foremost the restoration of the victim and in providing social protection to victims of crime.