NCJ Number
125171
Journal
Temple Law Review Volume: 62 Issue: 4 Dated: (Winter 1989) Pages: 1261-1279
Date Published
1989
Length
19 pages
Annotation
There is no clear answer to the central question of whether there has been an erosion of the status of the defendant in Greek Law.
Abstract
There is not necessarily a trend toward limiting the rights of the accused. However, the general trend unfortunately is far from being in the opposite direction. The dilemma between the burden of the government or the rights of the accused, if viewed from the standpoint of the Greek penal procedure, would be an oversimplification. Other aspects must also be taken into consideration, such as the practical needs of the proceedings, the inertia of the judiciary when faced with new institutions, the need to protect the victim of the crime, and the intricacies of the grounds of appeal provided since 1950. Certain attitudes of the courts which hinder the application of the laws or legal theories should not be seen to merely ease the burden of the government to prosecute and obtain a sentence. These attitudes may also help the accused and create difficulties for the public prosecutor or the civil claimant. One could characterize this trend as slightly improving the situation of the accused, but facing many obstacles, especially in the everyday practice of the judicial system. 85 notes.