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(en) Greece, APO, land & freedom: Rally against the new Penal Code (ca, de, it, pt, tr)[machine translation]

Date Sun, 3 Mar 2024 07:55:30 +0200

NOTICE - Impunity for the daily and mass crimes of the state and bosses - Prisons and repression for the poor and the struggling ---- At the end of 2023, the third in a row in the last 5 years draft amendments and interventions to the criminal code and the code of criminal procedure was submitted for public consultation. This plan, which concerns more than 100 articles, comes to implement a series of amendments in a highly reactionary, anti-social and punitive direction for the large social majority. Its main characteristics are social punishment, the transfer of state responsibilities to the individual, class inequality, economic bleeding through tax collection and of course the impact of social and class resistance. In essence, what is being attempted is an extreme attack on the rights of the accused and more specifically of those who belong to the poor social strata and those who are targeted for their participation in the struggle against state and capitalist brutality.
The amendments, which have been submitted for public consultation, pave the way for a dramatic increase in the number of prisoners in the already overcrowded and squalid prisons and a second year for the creation of private prisons, as well as the specter of unpaid work and economic annihilation for those caught under prosecution. More specifically, the actual serving of the sentence is provided for sentences of more than 3 years without the possibility of suspension. Suspension will only be granted for sentences of up to one year and as long as the irrevocable previous convictions do not exceed 12 months. In sentences of 2-3 years, actual serving of part of the sentence is provided for, while in sentences of 1-2 years, redemption of the sentence or provision of community service is provided for. At the same time, the tightening of penalties, the increase of the maximum prison terms (for felonies from 15 to 20 years, for the confluence of misdemeanors to 10 years and for the confluence of felonies to 25), the equating of the attempt with the completed act as well as the sentence provided for the accomplice with that of the natural perpetrator promote a suffocating framework on penalties.
As far as the criminal procedure is concerned, changes are underway both in the composition of the courts, where the three-member misdemeanor courts and the five-member appeals courts are abolished, with the result that decisions are made by smaller compositions, even those of one judge, as well as in the procedure on the audience with the regulation regarding the examination police-witnesses for the prosecution, where they will no longer be required to testify at the hearing but their testimony will be taken into account at the stage of the pre-trial, removing the possibility from the accused of questions during the trial, where the inconsistencies of the of repressive mechanisms and especially in political trials the framed indictments of the police staffs are overturned. At the same time, the granting of postponements is tightened, with the provision of the right to a postponement (since a second one can only be granted for health reasons certified by a public hospital) and the price of the postponement stamp is increased. Also, the obligation of the prosecutor to provide written justification for the replacement of temporary detention is abolished, while the extensive justification of the seat in case of suspension is established.
In addition, in the direction of class inequality and the economic annihilation of those prosecuted or convicted are the regulations concerning the increase of both the prices in the fees and the cost of the redeemable penalty from 5 euros a day to 10. The exorbitant amounts for the redemption of penalties as well the costs of legal representation, given that even a simple misdemeanor can lead to prison, demonstrate that the aim is to further exploit the poor and favor the wealthy.
Another important regulation is the tightening of the conditions of release, according to which regardless of the formal condition of completing the detention time, the judicial council will decide whether to grant it depending on the dangerousness of the crime and the individual and social characteristics of the defendant . In this way, what has already been attempted to be applied in many cases of political prisoners, where despite the fulfillment of the formal conditions for their parole, are institutionalized, they are confronted with the vindictiveness of the regime, which refuses to apply its laws and with criterion political opinion seeks statements of repentance.
Finally, typical examples of the aggressive dimension of the amendments to the criminal code are the aggravating provisions for the disruption of public services "with noises" with a special focus on hospitals, essentially paving the way for the prosecution of health workers who will protest against the dissolution of the NHS but also the provisions concerning fires, which stipulate that if someone causes a forest fire through negligence, then his property can be confiscated. A provision that comes after the devastating fires that have burned thousands of hectares of land and forests and left behind dead people and dead animals in recent summers and under its broad interpretation attempts to shift state responsibilities for the plundering of nature and local societies even to him who did not clear his field of weeds.
This new plan of the PK and KPD comes in a period where state and capital are increasingly intensifying the conditions of exploitation and oppression in the social body, through the continuous anti-social restructurings promoted with a series of bills. From the imminent passage of the bill for the privatization of higher education and the circumvention of Article 16 to the recent passage of bills concerning work, health, education, nature, housing and political and social expression. At the same time, the state, intensifying its constant counter-insurgency strategy, is arming itself both by strengthening its legal arsenal and repressively with the permanent staffing of the security forces, in its attempt to prevent any social explosion and to impose silence, especially in a period where the great social majority is faced with the intensification of exploitation, poverty and precariousness.
In this direction, the upcoming amendments to the KP demonstrate the effort to strengthen the construction of modern totalitarianism and state enforcement and control over the social body. At the same time the political and economic elites enjoy immunity with defiant impunity for a series of state and capitalist crimes against society and nature. From the crime in Tempes, the killing of hundreds of refugees and migrants in the shipwreck of Pylos, the looting of nature and local communities with the devastating fires in Evia, Rhodes, Evros and Attica and the floods in Thessaly to the murders of Roma by the gangs of EL.AS, the thousands of deaths in hospitals due to the criminal state management of the pandemic and the operation to dismantle the National Social Security System and the dozens of worker murders in the wage slavery factories.
What the state aims for is social transformation, the change of social consciousness by any means, impoverishing the great social majority, creating conditions of social subjugation and suppressing those who stand up against state and capitalist brutality. It aims at the dissolution of all collective and all cohesive bonds between the oppressed and exploited and at the prevalence of individualisation, fear and social cannibalism, where those who choose to fight will be crushed and the rest will either be unable to react to their further exploitation by the dominant or they will turn against the weakest. The change of the social paradigm comes through a series of aggressive policies of sovereignty, where the only concern of the state is the preservation of its power and this is expressed in the first stage through the suppression of social and class resistances, the criminalization of strikes and labor struggles , the attack on the anarchist movement and its structures, the persecution of activists, the murders of the most marginalized and exploited sections of society, the poor, the refugees-immigrants, the Roma.
We understand that, in the face of state terrorism and class exploitation, in the face of fear and personalization, in the face of the state and bosses' attempt to erase every trace of collective resistance and to convince that the end of History has come, the only path available to the oppressed and exploited is the struggle for social and class emancipation. Faced with the dystopian future that the elites of power and wealth have in store for us, there is the option of collective resistance and struggle. To remind them what can happen when society of exploited and oppressed people takes matters into their own hands and massively and militantly resists their designs. The vision of a society without exploitation and oppression, of a society of Equals will not be vindicated through our individual, partial or spontaneous outbursts of righteous indignation but through organized political struggle against our oppressors. Until the Social Revolution, until the building of a world of solidarity, freedom and social justice.



Anarchist Political Organization | Federation of Associations

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