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PREFECTURE 3459/2006 - Government Gazette / 103/25.5.2006
Code of Laws for Drugs ( K.N.N. )
The PRESIDENT OF THE REPUBLIC OF GREECE
We issue the following law passed by the Greek Parliament :
Ratified in accordance with Article 76 paragraph 7 of this Constitution Code laws on drugs , which codified the existing provisions :
DRUGS AND PRECURSORS
1. Drugs within the meaning of this law , is artificial or natural substances that act on the central nervous system and cause dependence of the individual from them.
2. Substances covered drugs included in particular in the following four tables A , B , C and D.
-- TABLE A'
-- TABLE B'
- HEROINE: DIACETYLMORPHINE
- CANNABIS & RESINE DE CANNABIS
- (+)- LYSERGIDE, LSD, LSD-25
- ΡΗΡ or PCPY
- STP, DOM
- N-HYDROXY MDA
- BROLAMFETAMINE or DOB
- 4 - MTA
- PMMA or 4-ΜΜΑ
- The salts of these substances and their isomers.
-- TABLE C'
- OPIUM CONCENTRATED (AND ALL HYDROBROMIDE OPIUM ALKALOIDS)
- The salts and their isomers, unless otherwise provided by any other provision.
- BENZYL MORPHINE
- BUTYRATE DE DIOXAPHETYL
- ECGONINE: The esters and their derivatives, which can be transformed to ecgonine and cocaine.
- COCA LEAVES
- METHADONE INTERMEDIATE
- MORAMIDE INTERMEDIATE
- BROMOMETHYLATE OF MORPHINE (AND ALL DERIVATIVES OF MORPHINE AFTER QUARTENARY NITROGEN)
- PETHIDINE INTERMEDIATE A
- PETHIDINE INTERMEDIATE Β
- PETHIDINE INTERMEDIATE C
- PIRITRAMIDE or PIRINITRAMIDE
- RACEMIC METAMPHETAMINE (±-N, a-dimethylphenetylamin
- BETA- HYDROXYFENTANYL
- The salts and their isomers, unless otherwise provided by any other provision.
-- TABLE D'
3. By joint decision of the Ministers of Health and Social Solidarity and Justice, issued an opinion from the Commission on Narcotic Drugs and published in the Government Gazette, may be added or removed substances in categories of this article or transferred from one category to another or change the terms and conditions of disposal, particularly in accordance with international conventions.
- ETHYL LOFLAZEPATE
- The salts and their isomers, unless otherwise provided by any other provision.
Production, possession and drug trafficking
1. The production, possession , transportation , storage , supply, processing , marketing and otherwise mediate the movement of substances in Table A is the exclusive right of the State, brought by the National Organization for Medicines ( EOF ) . The disposal of these substances only in laboratories or hospitals for the implementation of approved programs , after consultation of the Commission on Narcotic Drugs .
2. The production, possession , transportation , storage, processing is generally raw materials and finished goods imported from abroad , and the movement of substances of pharmaceutical products and specialties of Table II, only the State Monopoly Drugs after opinion from the Commission on Narcotic Drugs , the responsibility of the EOF , which publishes and authorization.
3. The production , transportation , storage and supply of substances in Table III, and the finished pharmaceutical products and proprietary products containing these substances , made from natural and legal persons by the State Monopoly Drugs , after consultation of the Commission with responsibility for Drugs EOF, which issues the permit and control the process .
4. The production , transportation , storage and supply of substances in Table IV, and the finished pharmaceutical products and proprietary products containing these substances , made from natural or legal persons , after consulting the Commission with responsibility for Drugs of NOM , which publishes and authorization. Placing them in pharmacies , and wholesalers to hospitals is the responsibility and under the control of EOF .
5. The license for the import and export of substances, and finished pharmaceutical products and specialties containing substances falling in tables in paragraph 2 of Article 1 shall be granted by decision of the Directorate of the Ministry of Health and Social Solidarity , after consulting the Commission drugs . The remainder are those specified in the preceding paragraphs.
1. Precursors prepare drugs are substances included in Annex I categories 1,2,3 Regulation (EC) 273/2004 of the European Parliament and the Council, L47 and Annex 1, 2 and 3 of Regulation (EC) 111 / 2005 , L22.
2. The import, export , transit , production , manufacture , supply, storage, possession , sale, supply and distribution of precursors , as well as those employed by persons or companies subject to control by the State. As a competent authority considered for this purpose by the customs service subscription -competent authorities where appropriate . For substances of Class 1 -competent authority is the EOF for substances of category 2 and 3 of the General Chemical State Laboratory , where this requires science and administrative practice . Infringement imposed the penalties prescribed by the Customs Code.
3. By joint decision of the Ministers of Economy and Finance and Health and Social Alligengyis can be added , removed or transported substances from one category to another in compliance with the provisions of Community or international law , to regulate the handling procedures and control of precursors, including also specify the details of the responsibilities of service EOF for category 1 and the General Chemical State Laboratory for categories 2 and 3.
Control and supervision of drug
CONTROL AND CONDITIONS OF RELEASE DRUGS DRUGS
Control and supervision of drug exerts the Ministry of Health and Social Solidarity .
Commission on Narcotic Drugs
1. In the Ministry of Health and Social Solidarity Committee recommended Drugs , consisting of : a) the Director of Pharmacy and Medicines Directorate of the Ministry of Health and Social Solidarity , b) a representative of the Scientific Council of the EOF, c) four members of teaching and research staff of higher Education institutions, by a specialist in the fields of Pharmaceutical Chemistry , Pharmacology , Toxicology and Psychiatry respectively , defined on a proposal from the competent administrative bodies and d) a senior officer of the Greek Police experience in drug issues. For each member of the Committee shall be one deputy . The term of office shall be two years.
2. The Minister of Health and Social Solidarity, published in the Government Gazette , selected and appointed members and alternate members of the Committee and the Secretary . The Committee shall elect its chairman. By decision of the Minister that defined and rules of the Commission.
3. The Drugs Commission has the following responsibilities : a)for drug-related issues arising from ratified by Greece international agreements or application of relevant international organizations (such UNFDAC, World Health Organization , European Union) , b) to grant authorization for production or processing and importing finished products containing substances listed in Article 1 , c) for the addition or removal of substances in the tables of Article 1 , to transfer from one table another or to change the terms and conditions of disposal in accordance with international conventions , d) for the price of goods sold by the State Monopoly Drugs e) for any issue requested by the responsible Minister or the Agency against Drugs (O.KA.NA.). f) Calculates the annual needs of the country in dope , and advise the relevant Minister .
Fee and membership secretary
The remuneration of the members and the secretary of the Commission on Narcotic Drugs determined by joint decision of the Ministers of Economy and Finance and Health and Social Solidarity .
Determining whether placing preparations and specialties
Subject to the provisions of Article 22, the Minister for Health and Social Solidarity , issued following the opinion of the Commission on Narcotic Drugs and published in the Government Gazette , may specify the terms and conditions of disposal of the substances referred to in article 1, paragraph 2 and 3 § 1 Subject formulations or proprietary form , any pharmaceutical form and the details of these prescriptions , the type and shape of the duplicate prescription . For substances in Table D of Article 1 § 2 or recipe may be simple repetitive . A similar decision defined formulations or preparations falling into categories Annexes of Regulations Article 3 § 1.
Recipes administration drug offenders and those
1. Doctors or dentists or veterinarians who issue prescriptions , which indicate drugs in violation of the relevant provisions , be punished by a fine of three hundred (300) to three thousand (3,000) euros imposed by decision of the Prefect , after consulting the EOF. In case of relapse may be imposed during the same process , and temporary cessation of work experience of fifteen (15) days to six (6) months .
2. Pharmacists conducting such recipes also punishable by a fine of three hundred (300) to three thousand (3,000 euros) and, in case of relapse , and temporary closure of the pharmacy than three (3) days to six (6) months, the provisions of law on inspection of pharmacies in force each time.
Administration of drugs by pharmacists
1. Prohibited pharmacists to administer narcotics for daily use in a quantity in excess of the allowable Greek pharmacopoeia daily dose , even if such indicated by the physician , except where a special permit issued by the Ministry of Health and Social Solidarity , after opinion of the Commission on Narcotic Drugs .
2. Pharmacists issued narcotic drugs in violation of this section is punishable by the penalties provided by the law on inspection pharmacies force each time. The decisions of the prefect , which impose a fine , always notified to the Directorate of Forensic Services of the Ministry of Public Order and the Department of Public Security of the place where the infringement occurred . Those punished twice prosecuted and punished with imprisonment up to two (2) years .
supply of drugs
DRUGS state monopolies
Authorized the Minister for Health and Social Solidarity shall supply the required quantity of drugs and formulations thereof, in accordance with the applicable provisions on government procurement .
The factory operation that processed products and pharmaceutical drugs is only permitted with the consent of the Commission on Narcotic Drugs . These factories are run by a pharmacist or chemist and subject to continuous monitoring of the inspection of pharmacies . Apart from this constant scrutiny inspected before the beginning and after , during the operation , at least twice a year , by a committee consisting of: a) the inspector of pharmacies and b ) another technical member appointed by Minister of Health and Social Solidarity , on the recommendation of the Committee on Drugs . Drugs produced by these factories or pharmaceutical compositions thereof are stored until delivery in the factory for the exclusive use of the State. The sale to another or export them in any manner prohibited by the factory .
Pharmaceutical preparations of opium
The pharmaceutical preparations of opium , such as tinctures , may be prepared in the pharmacy to use. These formulations are prepared from opium granted the monopoly of the State and listed on the day of preparation in a special book , which is kept for that purpose in pharmacies and to review the inspection of pharmacies .
1. The sale of drugs by the State entrusted to the Special Management Drugs . Applications must be submitted by the responsible management of the prefectures , which transmits the Ministry, with opinion. The sale allowed only in pharmacies , hospitals , clinics and doctors villages where there are no pharmacies , following authorization by the Ministry of Health and Social Solidarity , issued with the agreement of the Commission on Narcotic Drugs and displays the amount of each kind , which every year it may be purchased , depending on the needs of each of these .
2. The pharmaceutical formulations of the opium produced in pharmacies , either for their own use any pharmacy or for resale to other pharmacies , hospitals , clinics or doctors villages where there are no pharmacies.
3. The sale of drugs from pharmacies to the public is only allowed with a prescription , and is not to copy them.
1. Pharmacists must keep prescriptions, based on which drugs were administered drugs for at least three years , separately from the other recipes and bundles including prescriptions of a quarter. They must also be entered in a special book , which is given free of charge by the Ministry of Health and Social Solidarity , the amounts consumed at the end of each quarter by adding the listed recipes , as well as those who consumed separately for each pharmaceutical preparation formulation.
2. Pharmacists are required at the end of each year to send to the competent department of the prefecture government situation , stating : a) the amount of drug available at the beginning of the year and provisions made during the year , b) the sum of drugs given during the year with recipes , c) the amount consumed during the year for the preparation of pharmaceutical formulations. The statements made by the pharmacies submitted by those competent services , with corresponding summary prepared by them, to the Ministry of Health and Social Solidarity in a fortnight every year without fail .
3. Pharmacists who do not submit within the period defined by this Article annual statements , penalized in accordance with the provisions of the Law on inspection of pharmacies force each time. Also subject to a penalty in accordance with the same provisions , pharmacists or pharmacy managers , who do not respect or adhere naughty book defined by this article or not keep prescriptions of doctors with whom the drugs were administered .
Monitoring drug availability
1. The directors of clinics, hospitals , as doctors in villages where there are no pharmacies , indicate in a separate book , paginated pages and initialed by the magistrate of the place of residence , and Calendrically nominally , drugs consumed for each patient. At the end of each quarter indicating the number of drugs consumed in the previous paragraph, and particularly for each of them , in the booklet of the Ministry of Health and Social Solidarity , which was given to them for free, with permission granted to them by the Ministry. Also , send a quarterly statement to the competent department of the prefecture government , which sends it to the Ministry of Health and Social Solidarity summary statements prepared by it in the first fortnight of each quarter .
2. Managers and clinical hospitals and physicians , licensed supply of drugs, which do not submit quarterly statements within the prescribed period or not displaying the above book drugs available to patients, should the Minister of Health and Social Solidarity , after consulting the EOF , a fine up to three hundred (300) euros and , in case of relapse , four hundred (400) to one thousand (1,000) euros.
3. The amounts referred to in Article 8 in the previous paragraph of this Article may be adjusted by decision of the Minister of Health and Social Solidarity , following the opinion of the EOF.
Fixing price drugs
The price of drugs sold by the State designated by the Minister of Health and Social Solidarity , issued an opinion from the Commission on Narcotic Drugs and published in the Government Gazette . The price can not be lower than the costs of supply and management . The price of drugs administered to the public on prescription , determined in accordance with the applicable tariff .
Customs drug storage
The customs detention of drug in transit is allowed only in Piraeus Customs and Free Zone in Thessaloniki and in a separate room , with a certificate issued by the competent authorities of the country from which shipped drugs considered by the Greek consular authorities there and specifically indicate : a) that these drugs are to be tabled in Greek port for transit , b) the name and address of the sender and c) the quantity of the consignment in transit of drugs .
To export from the Customs Piraeus and Thessaloniki Free Zone drugs submitted for transit in a foreign country requires a special permit issued by the Ministry of Health and Social Solidarity by presenting authorization of the competent authorities of the country to be dispatched these drugs endorsed by the Greek consular authorities there , which states that the importation of drugs into this country , that are to be used for medical purposes , the name and address of the recipient , the amount of opium and the period within which must be imported. The export license shall contain: a) the number and date of the import license the country shipped drugs , b) the name and address of the importer and exporter , c) the amount of exported drugs and d) the period in which , under the authorization of importation, must reach the drug in the country sent . A copy of this permit must accompany the consignment and another copy is sent by the Ministry which issued local consular authority in the country , which imports them .
Send drugs through Greece and introduction to packages or letters
1. Prohibited through the Greek shipping drugs from one country to another , whether transhipped from the vessel or vehicle used or not , if not furnished a copy of the export permit from the exporting country . The authorization must indicate the country in which the drugs are sent , the number and date of the import license , the name and address of the consignor and consignee , consignment amounts of drugs and the period of importation. Change direction of the consignment by the Greek territory drugs allowed only with permission of the Ministry of Health and Social Solidarity , which shall be based on the date mentioned in Article 17 authorization of the importing country . The authorization of the Ministry of Health and Social Solidarity those listed in Article 18.
2. Drugs imported by parcel post or letter format or sample as worthless , seized and destroyed in accordance with Article 38 .
THERAPY AND PROTECTIVE MEASURES
1. With imprisonment of at least ten (10) years and a fine of two thousand nine hundred (2,900) to two hundred ninety thousand (290,000) euros punished anyone who :
a) Introduces the territory or exported from, or transiting drugs.
b) sells , buys, offers , features or distributed to third parties in any way, drug store or deposit, or intervenes in any of these operations .
c) Inserts drugs or facilitate their introduction in camps , police barracks , prisons , juvenile stores any class or group work places or living or in nursing homes or convalescent homes .
d) Mixes in any manner drugs in foods , beverages or other goods destined or appropriate to introduce the human body .
e) Prepares kinds of monopoly drug or any drug or illegal imports, procures , produces, manufactures , sells , offers , transfers , possesses or distributes precursors listed in categories 1 , 2 and 3 of the Annex to the Regulations Article 3 or organs or utensils , knowing that they are used or will be used in the illicit production, cultivation or manufacture of narcotic drugs or generally for purposes other than those for which these precursors imported , exported or processed evacuated .
f) cultivates or harvests any plant of the genus Cannabis , the plant opium poppy, any plant species of the genus coca , and any other plant from which narcotic substances .
g) possesses or transports drugs in any manner or means, either in the territory of that State, or sailing or crossing the territorial sea or flying in Greek airspace.
h) Sends or receives knowingly parcels , samples without commercial value or letters containing any drug or instructing else like sending or receiving .
i) has in any other area for drug use or store managers which are systematically used drugs or a member of staff of this store and know how to use it.
j) contributes in any way to spread the use of drugs.
k) distorts or selling adulterated articles of monopoly drugs.
l) prepare false , distorted or uses a forged or adulterated prescription drugs administration for the purpose of trafficking.
m) organizes , finances , directs or supervises any way with the commission of any of the above mentioned acts or gives instructions or commands .
2. If the act is committed in more ways than those prescribed in the preceding paragraph , but concerns the same amount of drugs , the offender must one penalty during the measurement which takes into account the overall criminal activity.
1. With imprisonment of at least fifteen (15) years and a fine of fifteen thousand (15,000) to four hundred forty thousand (440,000) euros punished the offender Article 20: a) if the commission of the crime facilitated or concealed the commission of other crimes and b) if an employee (Article 13), who during service dealing with drugs and especially with luggage or prosecution of offenders of this law or the crime associated with the service .
2. With the sentences of the preceding paragraph shall be punished the perpetrator of the operation of Article 20 paragraph 1 section c , if it belongs to the staff of the branch or the institutions to which committed the act .
3. With the sentences of paragraph 1 shall be punished whoever :
a) Introduces drugs or facilitate the introduction or movement at any tier schools and educational institutions or other training modules , training or retraining , unless the importation was authorized to perform teaching or research program.
b) Introduces drugs , facilitates the introduction or movement in sports facilities , orphanages , coaching or social service areas or residence of the Armed Forces or gathering places for students or student teachers or sports or social activity .
c) sells , offers , offers , distributes drugs to others in any way in areas that are in close proximity to areas above or mediate some of these operations .
Abuse status of doctors and pharmacists
1. With the sentence of Article 20 shall be punished :
a) The doctor gives a prescription for the drug administration , although knowing that there is no real and concrete medical evidence , or the physician administering drugs containing any form of drugs , knowing that they will be used to manufacture drugs.
b) The pharmacist or drug dealer general manager or employee of a pharmacy or any other pharmacy , who shall knowingly drugs without adequate in terms of the law or prescription based on improper prescription or over what is written in it.
2. The administration of substances for substitution dependence prohibited . Exceptionally, the administration of these substances is permitted : a) public , specialist facility to which the permission is granted , the Minister for Health and Social Solidarity , after consulting O.KA.NA. , b) the O.KA.NA. after permission granted by the Minister of Health and Social Solidarity . In the above decisions specifically defined substances , which may be granted and the conditions under which it will be administered .
3. The administration of agonists that inactivate the function of opioid receptors allowed for the particulars referred to in the authorization . The Minister of Health and Social Solidarity , after consulting O.KA.NA. , specifically defined substances , the terms and conditions of administration, prescription and dispensing of such substances by public or private institutions and doctors.
4. Whoever grants substances for substitution dependence in breach of paragraphs 2 and 3 and the relevant ministerial decisions , punishable under Article 20.
5. The Minister of Health and Social Solidarity can set the general terms, conditions and other details of the execution and implementation of substitution of public bodies .
6. Physician , administering drugs to Article 1 for therapeutic purposes must: a) use duplicate recipes , simple hand for substances in Table IV, is certified by the department responsible for the content of lists A ' to C ' and b) to keep the strain for three years . The offender cases a and b is punishable by imprisonment or deprivation of the license to practice. Summary of conviction is published in a daily newspaper of the place where the damned of practicing .
7. Paragraphs 2, 3 , 4 and 6 shall apply to the adoption of the decisions referred to in paragraphs 2, 3 and 5 of this Article and in Article 7.
Life imprisonment and a fine twenty-nine thousand four hundred and twelve (29,412) to five hundred eighty-eight thousand two hundred thirty-five (588,235) euros punished violator of Articles 20, 21 and 22, if it is a repeat or act professionally or habitually or act with the intent to cause drug use by minors or using minors in any way by persons perpetrating these acts or employs in the performance of these operations or for the purpose of escape of the use of weapons or circumstances indicate that commission is particularly dangerous. As a recidivist is a person who has irrevocably convicted for violating the law on drug felony within the last decade or degree misdemeanor within the previous five years .
Challenge and advertising
1. Anyone who encourages or induces another to illicit drug use or advertising use, or provide information for the construction or supply them to disseminate or offer to commit acts of paragraph 1 of Article 20 shall be punished , if not heavier penalty provided by another order , with imprisonment of at least one (1 ) year and a fine of two hundred and ninety (290) until fifty-nine thousand (59,000) euros.
2. If the offender commits the acts referred to in paragraph 1 against system and for profit to him or a third person is punishable by a prison term sentences .
3. It does not constitute an unfair practice opinion or scientific judgment about drugs , when justified by the social interest in the exercise or performance of a task . This provision shall not apply if the manner of wording or the circumstances under which the act became apparent purpose of causing or advertising.
1. With imprisonment of at least three (3) years and a fine of twenty-nine (29) to twenty-nine thousand (29,000) euros and starved for at least two (2) years of driving license or relevant diploma or degree punishable whoever leads or governs any boat , land or air transport under the influence of drugs. If this transaction was common risk human life , penalty term sentences .
2. After two years , the convicted may apply to the competent authorities for the recovery of the license , provided that he has successfully undergone detoxification treatment .
Ceremonies of negligence
If acts of Articles 20 § 1, 21 and 22 § 1 and 4 committed by negligence penalty of imprisonment of at least one (1) year and a fine of one hundred fifty (150) to twenty-nine thousand (29,000) euros.
1. The Judicial Council may, by decree , issued upon motion of the public prosecutor , order the suspension of criminal prosecution brought against the perpetrator of any of the acts referred to in Article 20, provided that: a) the likely culprit that contributed to his own initiative in the discovery or dismantle drug gangs or the discovery and arrest drug wholesaler , b) there is no person in the offender discrete event or aggravating circumstance under Articles 21 and 23 and c) the risk of the person responsible and the gravity of the Act is less than the katadilos risk of individuals , the discovery and capture of which contributed to and severity of the acts they have committed . The above suspension may order and the court .
2. The suspension of prosecution arranged for a certain time in order to discover or dislocated gang or drug wholesaler arrested .
3. If after the suspension of prosecution arises that given by the offending information was not true or that it was not a gang drug trafficking or drug wholesaler , the relevant decree or decision revoked and continued against the person who caused the suspended prosecution .
4. The terms of paragraph 1 , if confirmed, constitute a mitigating circumstance , and the court may order and suspended on probation for a period of two (2) to twenty (20) years , regardless whether the conditions of Articles 9. If the above conditions in paragraph 1 concurrently after final conviction of the person responsible, the judicial council may order the release from prison under certain conditions without the assistance of the conditions of Article 105 of the Penal Code , if it considers that any slowness the perpetrator to disclose to the competent authorities the information he knew was justified.
Operations Audit Institutions
1. It is unjust act police, customs officials, officials of the Special Control Service (SCS) and a port official who ordered the body responsible for prosecuting drug head and the purpose of discovery or arrest a person who commits a crime of referred to in Articles 20 and 23, appears as prospective buyer or carrier or generally interested in the handling, storage or disposal of drugs. The same applies to the individual who for this purpose it is acting on a proposal from the competent for the prosecution of drug services . It must however in this case , the head of the service to give prior notice , even by telephone, the competent public prosecutor.
2. Also, it is unfair act police, customs officials, officials of SCS and port employees when founded upon complaint or strongly suspected acts in transportation research for drug discovery.
1. Anyone for his own exclusive use procures or possesses any way drug quantity proven exclusively serves its own needs or make use or cultivate cannabis in number or extent justified only for his own exclusive use, shall be punished with imprisonment of up to one ( 1) year . The finding of service of its own need only for the substance made with consideration of the type, quantity and purity of the substance , as well as diagnostic data referred to in Article 30.
Drug users undergoing special treatment
1. Those who acquired their habit of drug use and they can not kick with their own forces , subject to special treatment under the terms hereof.
2. The existence or otherwise of the conditions of the previous paragraph to the person accused or offender is found by the court. For this purpose the court may order Psychiatry expertise and laboratory testing to determine if there is indeed dependent, and the nature and extent of this particular as referred to in paragraph 3 . The expert conducted by special public treatment centers , from psychiatric clinics and laboratories and forensic toxicology of AEI, the country , forensic services , if they have special workshops , or the county or district hospitals that have the ability to conduct such expert with respective clinics and laboratories. Table services that meet the requirements for expert sent per year to the public prosecutor with responsibility of supervising ministries . In exceptional cases may award expert in three medical experts , of whom at least one psychiatrist , preferably government officials or experts appointed panel of experts under Article 185 of the Civil Code . The expert conducted in accordance with the procedures laid down joint ministerial decision of the Ministers of Health and Social Solidarity and Justice .
3. The actively questioning or interrogation main orders required an expert , if made allegation that the accused is a drug addict within twenty- four (24) hours of arrest or during the initial apology , who recorded the arrest report , examination or apology . The expert is arranged within twenty-four (24) hours after arrest or initial apology offender. The experts consider the accused as soon as they notified the relevant order and in any event not later than forty-eight (48) hours , and shall not prepare their reports as quickly as possible . If the experts tell us that there is dependence, must define the type of (physical or mental ) and if possible the extent of the commonly used drug (addictive) , the daily dose, the appropriate treatment and , if they are asked specifically with the order, the effect of dependency charge .
4. Actor in who fulfill the conditions of paragraph 1 , if guilty of committing :
a the act of Article 29 § 1 shall remain unpunished and apply to the provisions of this Article 32 .
b acts of Article 20 Fri the 1st cases b f , g , h j and l ' punished with imprisonment of at least one (1) year and a fine of five hundred and ninety (590) to fifteen thousand (15,000) and if there is a distinct case of Article 21 or aggravating circumstance under Article 23 shall be punished with temporary imprisonment of up to ten (10) years and a fine of eight hundred and eighty ( 880 ) to one hundred fifty thousand (150,000) euros. Acts of Articles 20, the 1st cases a , c , d , e , i ' , k ' , m ' or 22 shall be punished with temporary imprisonment of up to ten (10) years and a fine of five hundred ninety (590) to twenty-nine thousand (29,000) euros if there is a distinct case of Article 21 or aggravating circumstance under Article 23 shall be punished with temporary imprisonment and a fine of one thousand five hundred (1,500) to two hundred ninety thousand (290,000) euros.
5. The beneficial provisions of the preceding paragraph and paragraphs 1, 6 and 11 of Article 31 enjoy, except those who will follow an approved treatment program domestically, and who acquired their habit of drug use within the meaning of paragraph 1 of this Article, but proven acquired and cleared under the following conditions: a) the acquisition of the following of drug use prior to a transaction must be demonstrated unequivocally by laboratory tests , reports or statements derived from scientific hospital administrator domestic or country the European Union or recognized by the competent authorities of therapeutic programs nationally or EU country, and b) the thorough detox as proof recognized by law therapeutic community operates properly within the therapeutic programs of the Ministry of Health and Social Solidarity . The certificate is given after prior surveillance authorized by law therapeutic program of physical and mental rehabilitation for six (6) months at least . If not submitted such a certificate , but the accused accepts the introduction, ordered by the court required the introduction of the claimed application of the benefit of a therapeutic community of the previous section . Also required to be presented a certificate that the accused may not be prosecuted for offenses committed at any time of the alleged treatment until the trial of the offense on the occasion which calls for the implementation of beneficial provisions relating to drugs and provide means for their supply .
Special treatment of drug users who commit crimes related to drugs
1. If crime in Article 20, as in the case of crime allegedly was committed to facilitate the use of drugs, if these crimes are committed by a person who acquired the six drug use and can not eliminate with its own forces , the Public Prosecutor , considering the specific circumstances of each case and subject to the last paragraph , can by reasoned order and with approval of the Prosecutor Appeals to postpone for some time, which may be extended , criminal prosecution , if noted report or reports of the Director and approved by law therapeutic rehabilitation and maintenance program that the offender has come voluntarily and continuously and systematically subjected to treatment imposed by statute . If the offender successfully completed the treatment program , in accordance with written certification and report the program manager , the Public Prosecutor , by reasoned order and with approval of Appeals prosecutor may refrain permanently from prosecution . The information referred to above reports of the Director therapeutic program is confidential and may not be disclosed to anyone other than the actual drug user , who underwent treatment for minor not having in custody . This does not apply to the offenses referred to in Articles 299 , 306, 309 , 310, 311 , 312 , 322 , 323, 324 , 336 , 374 para . a and b and 380 of GI.K. and Article 2 of Law 2331/1995 (Government Gazette 173 A ') . Where in this article refer crimes of this paragraph , means always present and the above exemption from the application. The benefit of this paragraph shall be given only once .
2. During the treatment granted deferment, which stopped after a written confirmation from the Director of the therapeutic program that was completed or discontinued treatment . The provisions of the preceding paragraph shall apply to the outlaws . The medical treatment of a legally approved therapeutic program maintenance and rehabilitation is a major cause for postponement of proceedings within the meaning of Article 349 of the Civil Code . During this treatment is suspended , in accordance with the provision of Article 113 paragraph 3 of the TUC , the limitation of any crime of the patient . As time therapeutic program can be considered as a whole or in part and approved by the scientific director of the relevant program of social reintegration . During treatment in the approved maintenance program and therapeutic drug not allowed arrest and indictment for desertion and related to this crime , and other crimes against the military obligation of Articles 32-45 of Law 2287 / 1995 Military Penal Code (FEK20A') .
3. The certificate stabilization and improvement, issued by the approved statutory maintenance treatment programs and detoxification , conclusive evidence of any lawful use. No one , other than a representative of the judicial authority to enter the premises of the above therapeutic rehabilitation and maintenance programs, without written permission of the Director.
4. The residence time in the approved legal therapeutic rehabilitation and maintenance program is considered as the time of serving the sentence . After completing the treatment program successfully, the judicial council of the place of execution of the sentence may order the conditional release , regardless of the amount of the penalty has been served in the case of crimes of paragraph 1. By decree of the Appeals Board, upon recommendation of the competent public prosecutor , may order the arrest and indictment of the person who is being treated in the above programs , if there is sufficient evidence that he has committed a felony in Article 20, with international links , or felony on a large amount of drugs or any crime , not included in paragraph 1. In such cases, the provisions of the third subparagraph of paragraph 2 and the first subparagraph of this paragraph. After completion of the treatment program , certified in writing by the scientific director of that program , may the person or the prosecutor to ask the Board misdemeanors not enrolled in extract or copy sheet criminal record decisions or rulings for crimes related to drugs or against the property and assets of the Penal Code , as defined in paragraph 1 of this Article and the first subparagraph of paragraph 1 of Article 29, except those intended solely for use by the court. The benefit of the previous section extends to those who completed the treatment program before the entry into force of this Code .
5. The Public Prosecutor , with the approval of the prosecutor's appeal court suspends the execution sentence of a person attending an approved statutory maintenance treatment program and rehabilitation , since these sentences related instruments listed in paragraph 1 and allegedly committed before the introduction persecuted the above program , if certified by the officer of this therapeutic program consistent monitoring by the persecuted . The benefit of not recording an extract or copy sheet criminal record or decision for crimes related to drugs or against property and assets of the Penal Code , as defined in paragraph 1 shall be provided during the prior paragraph to persons who successfully completed the program substitution (NB) and have withdrawn physically and mentally.
6. Regardless of the conditions laid down in the provisions of VI Chapter of the General Part of the Penal Code, if someone has successfully completed an approved legal therapeutic maintenance program and drug and convicted for crimes than those specified in paragraph 1 relating with passion and addiction were completed before the introduction of the treatment program , the execution of the sentence suspended mandatory for some time , which may not be less than three (3) and not more than six (6) years , in accordance with conditions set by the court , which must be related to the finding of maintaining addiction . The only evidence of stabilization and improvement is the certificate issued by the authorized legal treatment program maintenance and rehabilitation . Those who have been convicted and are serving their sentences may apply to the court that issued the decision on the application. The above suspension is revoked only if it does not meet the conditions laid down in the decision.
7. The prosecutor may suspend by order of strength arrest warrant person attending an approved maintenance program and drug treatment , if the warrant relates to an act listed in paragraph 1 and is alleged to have been committed before the introduction of the persecuted in the above program . If the power has been maintained with the assent of the President of the Court of Appeals or by decree , suspending a decision of the Board before which the matter .
8. Anyone who has successfully completed a certificate authorized by law and maintenance treatment program for addiction , it is argued, the introduction of the treatment had become their habit of drug use .
9. If you shop at the prison to an approved counseling program prisoner drug users , who monitor fully , it switches to another shop for the duration of the systematic monitoring, unless the transfer is ordered for reasons related to the smooth operation in the detention or magistrates , so epanametagetai after the eclipse of this reason . Where the transfer for reasons related to the smooth operation of the detention (Articles 72 inc d and 76 of Law 2776/1999 , Government Gazette 291 A') is preferred store where it grows approved counseling program unless it must be good reasons for switching in another . Anyone prisoner drug user wishes to monitor running program should be facilitated or switched to a prison where it operates such a program, if the individual is sufficient space remains if the monitor systematically .
10. Anyone who has been convicted of the acts referred to in paragraph 1 in a custodial sentence and is serving in prison , if he has successfully completed an approved counseling program at the detention facility and there is a certificate from recognized by the Ministry of Health and Social Solidarity program maintenance and rehabilitation , that there are requirements to be accepted into this may be dismissed by the Ordinance of the Board of misdemeanors site serving the sentence on condition monitoring of that program before the applicable time specified in Articles 105 and following of the Penal Code , if serve at least one- fifth (1/5) of the sentence . The charge of the program are required to inform the first day of the second month of the judiciary and to complement a special card , which refers explicitly to continuously monitor the relevant progress , stabilization and successful completion of , and undue disruption of . If stopping is revoked conditional release .
11. Successful completion of an approved according to law treatment program maintenance and rehabilitation can be recognized as a mitigating circumstance in sentencing .
Import users in therapeutic drug store
1. If convicted of any offense offender , the face of which the conditions of Article 30 § 1, the court may by the conviction order the introduction, for physical rehabilitation , a special therapeutic store or department store special reservation. If the need for physical detox that emerged during the interrogation , the introduction ordered by the magistrate, with the assent of the prosecutor , in a suitable nursing home or shop. If the above offender stated that he wishes to attend drug treatment program , the court may sentence the order that the sentence be served by a special treatment or special department store detention facility in which the offender is introduced for maintenance and rehabilitation until the recovery . The introduction of a specific offender treatment specialist shop or department store reservation, which operates under the legal responsibility of a qualified operator , order and investigator with the prosecutor's consent , if the conditions of Article 30 , paragraph 1.
2. Anyone sentenced to prison and subjected to a treatment program in the preceding paragraph , may by Ordinance of the Board misdemeanors of the place of detention , after consulting the Scientific Council of the special treatment premises or person in charge of a specific section of the detention be released on condition before completing the required time , in accordance with Articles 105 et seq ZIP , if successfully followed the rehabilitation program . The Board in its decision on conditional release can impose redundant required to appear at regular intervals in specific therapeutic drug store and subjected to biochemical, toxicological or other tests . If these prove that resumed drug use or if refuses or fails to consider the specific therapeutic store is obliged to notify the public prosecutor , so with the Ordinance of the Board misdemeanors conditional release revoked .
3. If the court decides not punishable under Article 30 Fri the 4th case a , or acquitted for lack of attribution offender in who fulfill the conditions of Article 30 § 1, may, if the offender wishes to order the introduction of a specific therapeutic store for physical rehabilitation . If after the physical detox the offender stated that he wishes to continue treatment for maintenance and rehabilitation , can follow a maintenance program and in a special therapeutic drug store.
4. If the offender suffers from a mental disease , may after physical rehabilitation be transferred to a state mental hospital , which shall be according to Articles 69 and 70 of the Penal Code .
5. If convicted he has been released on probation after successfully completing treatment program , in accordance with the provisions of this Article and Article 31 , the conviction appear only on copies of criminal records for judicial purposes.
1. In case of conviction for violation of Articles 20 to 24 the court may order prohibiting occupation of the offender for one (1 ) to five ( 5) years , if it considers that the breach is related to his profession. The provisions for disciplinary or administrative sanctions are not affected.
2. The prohibition of practice begins from the expiration of the term of imprisonment . If outside of the penalty imposed and detention , the prohibition begins from the date of termination .
3. The prohibition to practice implies the closure of the shop or office for an equal length of time , whether the exercise of that profession presupposes the existence and operation.
4. For the duration of the ban on exercising the profession in which he has imposed may not bring the profession or personally or through another or to third parties. In case of violation of this prohibition , the perpetrator shall be punished by imprisonment of up to one ( 1) year and a fine .
In case of conviction for violations of Articles 20 to 24 , the court may order the publication of all or summary conviction , at the expense of the condemned , in one or more newspapers of the capital or of the place where the act or residence within ten ( 10) days maximum after the judgment has become final .
1. In any case sentenced to prison for violating articles of this chapter the court , if it considers that the residence was sentenced in certain places creates risks for themselves or for third parties , may order the prohibition of residence of those places for a long time one (1 ) to five ( 5) years .
2. For foreigners convicted of breach of the articles of this Chapter in prison , the court orders the expulsion for life from the country , unless there are important reasons , in particular family , to justify their stay , so apply for these settings paragraph 1. For deportation apply Article 74 of the Penal Code subject to the relevant provisions contained in international conventions that have been ratified by Greece .
In juvenile who committed acts provided for in this Law , the provisions of Articles 121-132 of the Penal Code, if more benign for them.
1. In case of conviction for violation of Articles 20 and 24 to the court , subject to the last paragraph , order the forfeiture of all things , which came from the act of consideration , their movable and immovable property acquired under this price , and means of transport and all objects , which served or intended to commit the act, whether they belong to the perpetrator or to any of the participants or even to third parties not involved in the crime , they knew that these objects were intended for the commission of a crime . Forfeiture may be ordered by the court pursuant to Rule 76 ZIP even when the act was committed not condemned certain person . Otherwise, the settings of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances , which was ratified by Law 1990/1991 ( Government Gazette 193 A ' ) and in particular those of Article 5 thereof regarding confiscation . Find by technical instruments confiscated by a final court decision deemed by O.KA.NA. as highly necessary to meet service needs narcotics recoverable , preferably , services acted seizure request from them .
2. The act of acceptance and disposal proceeds of crime (Article 394 PC) , if connected with infringements of Articles 20 to 24 shall be punished with the penalty of temporary imprisonment and confiscated products .
3. In the case of Article 25, the court , considering the gravity of the act, including damage or distress caused by it may impose confiscation of means of transport that led the offender , unless the owner of the instrument was not aware that the perpetrator END under the conditions of Article 25.
1. Drugs seized and confiscated in each case . During the trial, and in the case of prosecution in case of abstaining or for any reason of this , confiscation orders the Judicial Council .
2. The imposed seizure and property seized as drug reported immediately by the responsible investigator or by the article in this investigative officials accused the master and the owner of the seized drugs , the master and the owner of the means of transport or other object in which found, unless one of them is unknown or is absent or for some other reason possible disclosure . At the same time invited the above indicate the notifier, if you challenge the status as of seized drugs. For all that is explicitly mentioned in the seizure report or in a separate report , signed by those to whom disclosure is made . In the same report, reference is made and any dispute of property seized as a drug . The question , however, can be done with a written statement that the notifier served no later than the business day after next of the notification . Samples of the seized drugs sent to laboratories and forensic toxicology Universities the country or to the General Chemical State or any of its branches for examination and investigation.
3. If there is no ambiguity as to the status of the seized drugs as these are destroyed after booked amount sufficient for two samples to an expert , and the number of packages of drugs destroyed , necessary for conducting investigations. The destruction must be carried out immediately after the deadline for service of the statement of dispute and in any event no later than ten ( 10) days from the expiry of that period .
4. If there is a dispute , the seized substances shall be retained until their destruction or its return to the main or the owner of the Authority acted seizure . Soon come to the prosecutor or the investigating judge the expert's report on whether the seized drugs is the prosecutor introduces its own motion or at the request of the investigator, the case to the Judicial Council , which asked before three (3 ) days to attend the accused and any other person unless they are unknown or absent or for some other reason the summons feasible . The Board shall decide irrevocably destroy or return of material seized can not be ordered and new expertise. If ordered destruction , this is immediately after notification of the decree to the prosecutor and at the latest within the next ten ( 10) working days . In extremely urgent cases, particularly if it is to confiscate wild growing cannabis and opium poppy , their destruction can be arranged by mutual arrangement of the competent prosecutor, magistrate and issued as soon as possible.
5. The court shall in every case the destruction of drugs , if for any reason or was not ordered in accordance with the preceding paragraphs. The disaster is before a committee , chaired by the Public Prosecutor and admitted by the heads of the prosecuting authority acted preliminary investigation of the department of the prefecture government or alternates. By joint decision of the Ministers of Justice , Public Order and Economy and Finance , down the inside and the place will be destroyed , and every detail of the provisions of this article . The expenditure charged to the budget of the relevant ministries .
6. In other respects the provisions of the Civil Code .
Implementation of mitigation measures stay
1. Limiting stay running with custody of public prosecutor 's place of residence condemned by police . The prosecutor may authorize the removal of residency restrictions for short periods and to meet personal or family needs of the condemned .
2. The court after the completion of six (6 ) months , at the request of the convicted or reasoned report of the Prosecutor of the place of residence, may lift the restrictions residence or reduce their duration .
Served a prison drug dealers
Those convicted for violation of this Chapter in prison may be dismissed subject to revocation if they have served , for temporary imprisonment , four-fifths ( 4/5 ) of their sentence and order to life imprisonment , at least twenty -five (25 ) years . The provisions of paragraph 3 of Article 105 of the Penal Code not apply . In the first paragraph of the offender can not be granted conditional release if it has remained in prison for a period of time in order for temporary imprisonment equal to two-thirds ( 2/3 ) of his sentence and, if life imprisonment , twenty (20) years .
1. Policing for detecting violations of Chapter IV , the relevant inspection and questioning by the provisions of Articles 34 and 243 of the Criminal Procedure Code effected by officials of Greek Police , the Customs Service, SCS and Coast Guard , as the ground of jurisdiction .
2. Recommended joint body consisting of officials from the services mentioned in paragraph 1 for the use of information and coordination of activities of the competent services of the Greek Police , the Customs Service, SCS and Coast Guard .
3. By presidential decree , issued upon proposal by the Minister of Public Order, Finance and Merchant Marine, regulate the responsibilities and any other details on the operation of the institution of paragraph 2.
4. The preliminary investigation officials Greek Police , the Customs Service, SCS and the Coast Guard can call for witnesses and get apologies accused of acts of law , whether the witnesses or defendants are residents of their region . They can also go for the conduct of these operations proanakritikon and outside the region , provided it space territorial jurisdiction of the House to which they belong , simultaneously notifying the public prosecutor of the place , which conducted the preliminary investigation practice.
5. To control for detection of concealment , possession or transport of drugs, where there are serious grounds , can be used every proper scientific means.
Prejudged - Responsibilities
1. For the determination of the acts referred to in Articles 20 , 21, 22 § 1 and 4 , 23, 24, paragraph 2 , 25 paragraph 1 sentence and 37 second Fri the 2nd jurisdiction is the three-judge appeals court . The hearing of cases done in special hearings in which only specified cases involving crimes provided for in Chapter IV. For the adjudication of these cases the criminal appeal may meet during the vacations .
2. For the offenses referred to in Chapter IV :
a) The interrogation in the cities of Athens , Piraeus and Thessaloniki conducted by investigators whose sole task the interrogation of only those crimes .
b) During the trial, if ordered temporary custody accused of a felony , you may not request the prisoner to remove or replace on bail before the expiration of a period of two ( 2) months from the commencement of detention . Where an application for removal or replacement of temporary detention , a new application may be submitted only one (1 ) month after the rejection of the previous .
c) Once the investigation is completed , the file submitted by the public prosecutor to the prosecutor Appeals, which held that if indications arise and that they should not return to complete , introduce , with the agreement of the president and the court of appeal , the case to the audience direct call, which was not allowed recourse . If the Appeals Prosecutor considers that there are strong indications for referral of the accused in the audience with direct dialing , introduces the case of a proposal to the Board of Appeals , acting in accordance with those set out in Articles 309-315 of the Civil Code . If it considers that the transactions have character misdemeanor , relatively rule by reasoned order and order of the public prosecutor in the case was introduced by him to the Judicial Council .
d) In case of replacement of detention on bail , the competent judicial council may, between terms , to include monitoring and treatment program maintenance and rehabilitation of the applicant , if accepted by accredited for that purpose.
3. In case of a direct call for the duration of the arrest warrant for the duration of the detention of the accused acting by order of , against which no right of appeal , the appeal court president . To remove or replace the temporary custody with another term, ruling the Appeals Board . If you ordered the continuation of the arrest warrant , the prosecutor , by order of the Court of Appeals , which does not require posting , ordering the suspension of the proceedings in the audience as to the accused who absconds up to attend or be arrested .
4. In case of multiple defendants , the Board is responsible for deciding what no information, and for what should be declared inadmissible or terminate the prosecution or be divided to them the case. If for some of the defendants has completed the investigation and provided that such termination will be delayed, the investigator , with the provision that is not subject to appeal , may order the division to them and questioning continues for the other defendants.
5. For violations of this law , the investigator can switch to and investigating acts and acts outside its headquarters or in another judicial district after prior notification to the public prosecutor or the Court of Appeal respectively.
Supervision investigative and preliminary examination on the Security Directorates of Attica and Thessaloniki
1. The preliminary investigation and the preliminary examination is conducted by the Drug Enforcement Agency of the Security Directorate of the General Police Directorates of Attica and Thessaloniki has, subject to the provisions of Articles 33 , 34 and 35 of the Civil Code , under the supervision and guidance the Appeals Prosecutor of Athens and Thessaloniki respectively exerted by one of his subordinates prosecutors or Deputy Prosecutor designated by him .
2. The above public prosecutor informed of all information and complaints that come to the services of the previous paragraph and related crimes , which provided drug law . It is beyond the above duties, to order or to act himself , in his judgment , preliminary investigation or a preliminary examination for the above crimes . In these cases the file forwarded formed after the completion of the competent for prosecution prosecutor.
SUPPLY REVENUE FROM PENALTIES - SUPPLY DRUGS FOR TEACHERS PURPOSES
Income from penalty conversions or penalties imposed for violations of Chapter IV, as well as confiscations , introduced in the State budget , in particular income code number . Based on this revenue on a proposal from the O.KA.NA. entered in the budgets of ministries expenses related appropriations allocated to address the drug problem . By joint decision of the Ministers of Economy and Finance , Justice and Health and Social Solidarity the detailed implementation of this article .
The funds of the Ministry of Justice , set out in the preceding article , shall be transferred to an interest bearing account of the special subaccount " Funds Work Prisoners 'entitled' Costs of treatment programs and social reintegration of drug -dependent people " and made available in accordance with the applicable provisions of the management account for the exclusive benefit of its therapeutic programs .
Placing drugs for educational purposes
1. From the confiscated drugs confiscated or destined for destruction in accordance with Articles 37 and 38 , may be made available to police departments or their annexes , and the General Police Directorate of Athens and Thessaloniki and county police addresses the quantities strictly necessary exclusively for educational purposes . The allocation is done by the territorially competent prosecutor , upon request of the relevant administrative , general police director or police director as appropriate. The conditions of storage and proper use of these , the periodically forced return or replacement , and any other necessary details specified by the Minister of Public Order, published in the Government Gazette . The provisions of this paragraph also apply to the disposal of the aforementioned drugs to train police dogs and trainers and escorts them.
2. From the confiscated drugs confiscated or destined for destruction in accordance with Articles 37 and 38 , may be placed in the Narcotics Department of the Security Directorate of the Ministry of Mercantile Marine , the quantities strictly necessary solely for educational purposes . The allocation is done by the territorially competent prosecutor , upon request from the above address . The conditions of storage and proper use of these substances during the period of compulsory return, replacement , and any other necessary details specified by the Minister of Mercantile Marine, published in the Government Gazette .
Recommendation Organisation Against Drugs ( O.KA.NA. )
ORGANIZATIONS AND INSTITUTIONS - PROGRAMS OF ADDICTION TREATMENT OF NARCOTICS
An private entity based in Athens and the name ' Organisation Against Drugs "( O.KA.NA. ) . The O.KA.NA. is a self-governing entity that is under the supervision of the Ministry of Health and Social Solidarity .
Purpose of O.KA.NA.
The purpose of the Agency are: a) the design , promotion , interministerial coordination and implementation of national policy on the prevention of the use and spread of drugs and treatment , vocational training and social reintegration of drug -dependent persons substances , b) the nationwide study of the problem of drugs to identify the specific causes that lead people and especially young people , to taking drugs , as well as the creation of a National Information Centre - Data Bank on the context and scope of the problem of drugs in the country, c) information and awareness , uniformly and scientifically responsible for the consequences of drug use , and to encourage , coordinate and supervise all private initiative in order to participate in the effort to address the drug problem , d) the proposal and promote laws, social and other measures for the prevention and suppression of the drug problem , e) cooperation with corresponding coordination or research institutions in organizations and agencies of the European Union and other international organizations concerned with the treatment of the whole subject, between the exchange of information and active participation in the meetings they organize , to harmonize national policy to that of the EU and international organizations and f) preparing an annual report on problem situation at national and international level and the course of the national surveys and compile statistical tables to analyze and evaluate them and submit them to the Ministry of Health and Social Solidarity , together with recommendations for taking the necessary measures.
1. The O.KA.NA. governed by a seven member board (Board) appointed by the Minister of Health and Social Solidarity and consists of renowned and recognized faces of economic and scientific area of the private sector or public administration that can with the knowledge and experience to contribute effectively to the achievement of the objectives of the Organization. In the seven-member board necessarily involved the head of the drug enforcement coordinating committee and the President of the Central Union of Municipalities and Communities ( KEDKE ) or their deputies . Of the remaining members must be a graduate faculty of health sciences, a humanities (psychology , sociology) and a legal sciences . In Board the O.KA.NA. can participate and faculty members of Universities , specializations related to the measure and purpose of the Statute by implementing the provisions of Article 14 of Law 2530/1997 ( Government Gazette 218 A ' ) and Articles 5 § 11b and 14 of Law 2703/1999 ( Gazette 72 A ' ) .
2. The Chairman of the Board defined by the Council of Ministers , on a proposal of the Minister of Health and Social Solidarity and is full time , while the Vice President is full or part time . With the decision to appoint the President and Vice O.KA.NA. defined and full or part -time Vice Agency. The term of the President, the Vice President and members of the Board three years. The President, Vice President and Board members are freely revocable and their replacement for the remainder of the term is the same process .
3. The remuneration and allowances of any kind of President , Vice President and other members of the Board defined by joint decision of the Ministers of Economy and Finance and Health and Social Solidarity . The remuneration of the Chairman and Vice Chairman can not exceed the remuneration received by each of Governors Regional Health Administrations ( D.Y.PE. ) .
4. The Board a quorum when the members present is more than absent . Among these must necessarily be the President or Vice . The appointment of a new member during the term of the Board, said vacancy arising from any cause, is for the time until the expiry of the term of office of the other members. In case vacancies members and to new members appointed to the Board continues to operate legally for three (3 ) months if kept at least four (4 ) of the appointed members, including those in the President and the Vice President.
1. Resources O.KA.NA. are :
a) Annual grant the State entered in the budget of the Ministry of Health and Social Solidarity .
b) Donations , legacies , bequests , contributions and grants from third parties and revenue of any kind of activity or income from movable and immovable property of this .
c) Grants from local government agencies and entities under the supervision of the State , the amount of which is determined by a joint decision of the Ministers who oversee and Health and Social Solidarity .
2. The resource management O.KA.NA. controlled accountably , sedatives from the Ministry of Health and Social Solidarity . The Minister of Health and Social Solidarity regulate the details of the provision of this particular why and organs exercise of that audit .
3. The O.KA.NA. has the same tax exemptions as provided for hospitals of Law 2592/1953 ( Government Gazette 254 A ' ) , other than stamp duty .
1. In O.KA.NA. recommended a position as Director General, three-year term . This position is paid with public notice . Choosing the most suitable candidate requires a reasoned decision of the Board of the Agency. By the same decision and monthly remuneration. Required qualifications to occupy the position are: a) a diploma of higher education domestically and abroad and postgraduate , b ) the Meritorious Service in senior positions in the public or private sector, and c ) experience in the subject addressed by the Agency or experience in managing large units , organizations or businesses . The Director General is dedicated full-time . The General Manager oversees all of its services and coordinates the activity of both central offices and the individual units of competence O.KA.NA. .
2. The staff O.KA.NA. is scientific, administrative, auxiliary and voluntary . The Minister of Health and Social Solidarity and opinion of the Board the O.KA.NA. can be posted to this NHS doctors or other hospital staff of the NHS , following consultation with the relevant service board . The period of secondment shall be one (1) year and may be renewed for one (1) additional year after application. After two years , it is possible to transfer, upon request of the person concerned and opinion of any other competent service board and Board the O.KA.NA. . The time of the posting is considered genuine service and apply to them the provisions of Article 79 paragraph 2 of Law 2071/1992 ( Government Gazette 123 A ' ) .
3. Allow posting in O.KA.NA. and other public employees of Local Government and Public Entities , applied according to the procedure of the previous paragraph.
4. Persons who had taken the drug voluntarily came for treatment after completing the treatment program , may be recruited by O.KA.NA. , fixed term contract for advisory stations , centers and hospitals of Article 57.
5. By joint decision of the Ministers of Interior , Public Administration and Decentralization and Health and Social Solidarity , after consulting the Board of O.KA.NA. , down the rules of procedure , the governance , organization , management , issues relating to staff the Organisation Against Drugs and other related issues , even with a derogation from the provisions in force . Until the above joint ministerial decision , the individual organization, operation and staffing of personnel with contracts under private law and procedure adjusts each time depending on the needs of agency decisions of the Board the O.KA.NA. , approved by the Minister of Health and Social Solidarity . By decree of the Minister of Health and Social Solidarity and the competent Minister , after consulting the Board the O.KA.NA. , notwithstanding the existing provisions may be seconded to O.KA.NA. officials from the Ministries of Health and Social Solidarity , Justice , National Education and Religious Affairs , Public Order, Economy and Finance , Merchant Marine and Culture , at their request , for the staffing of the Agency. The time of the posting is considered real service that has served the department belongs detachable employee and payroll costs charged to the department from which it came .
6. Since the adoption of the regulations are , already serving staff O.KA.NA. with a permanent contract falls in the positions , depending on their qualifications and their specialty by reasoned decision of the Board .
Recruiting staff O.KA.NA.
1. The staff O.KA.NA. and staff employed at the Psychiatric Hospital of Attica Psychiatric Hospital of Thessaloniki , for programs for drug and alcoholism , holds a contract of indefinite duration and evaluated by a special committee of the relevant body for performance and ethos , at least once every two years . A negative judgment is therefore compulsory termination of the contract . In this case the employment relationship is terminated from the date of notification of written katangelias.Oi provisions of the preceding paragraphs shall apply to the staff already employed with a permanent contract .
2. By joint decision of the Ministers of Interior , Public Administration and Decentralization and Health and Social Solidarity specified: a) the age limit , the competence and the qualifications of the candidates and the recruitment barriers , b) the bodies responsible for the selection of staff , the way of public announcement of recruitment , and the procedure and method of evaluation for the recruitment of suitable candidates and c) the constitution of review committees of workers in these institutions with a permanent contract , and the criteria and evaluation method of such personnel . The same decision is regulated and every detail required to implement this provision .
Specific departments and scientific committees
1. It may be recommended , the Ministries of Health and Social Solidarity , Justice , National Education and Religious Affairs , Public Order, Economy and Finance , Merchant Marine and Culture , special departments at management level or department , which have object 's regular update of O. KA.NA. for their activities , proposing necessary measures and their implementation , gathering and maintaining the data and processing the information provided on these services by regional competence, subject to the compliance of the service and medical confidentiality and protection of personal information . The level of these specific business units , powers, how staffing and any other details are determined by presidential decree , issued upon a proposal of the Ministers of Interior , Public Administration and Decentralization , Economy and Finance and the relevant Minister .
2. The O.KA.NA. by decision of the Board - th can cooperate and assist in the advisory work of the like, as to the object of scientific committees or scientific bodies and establish scientific advisory committees with nature . In particular it may delegate to specialists as appropriate scientific bodies performing relevant research or solving scientific issues , undertaking wholly or partly finance this scientific research . It also evaluates and coordinates the ongoing investigations under planned objectives .
Interministerial Coordination Committee
Recommended Interministerial Coordination Committee , which brings together the Heads of Divisions, Departments or Agencies responsible for the implementation and monitoring of the National Action Plan , the Ministries of Interior , Public Administration and Decentralization , Defense , Economy and Finance , National Education and Religious Affairs , employment and Social Protection, Health and Social Solidarity , Justice , Culture , Merchant Marine , Public Order. President of the Commission is the executive C. CB . A. N . The Committee meets at least once a month . Purpose is to coordinate and promote the necessary measures , programs and actions by the Ministries , under the National Action Plan , and to monitor their implementation .
Therapy Center for Dependent Individuals ( KETHEA )
1. An private entity with the name "Center Addiction Treatment " ( KETHEA ) , headquartered in Thessaloniki . KETHEA is a self-governing entity , which is under the supervision of the Ministry of Health and Social Solidarity.
2. Purpose KETHEA the treatment , vocational training and social integration of addicts drugs and people creating and continuing executive education in the respective modern therapeutic techniques. To achieve its purpose KETHEA An Advisory stations , detoxification centers , therapeutic communities , rehabilitation centers and other similar units . Creates self-managed cooperatives and supports any kind of activity that contributes to the success of its purposes or is necessary for helping dependent people pharmaceuticals .
3. In KETHEA part of the Consultancy Fixed -MOI Athens and Thessaloniki 's ' special treatment program for addicted to drugs people "of the Ministry of Health and Social Solidarity , the Center detoxification Da - ordination Penteli and the Therapeutic Community " Ithaki " National Welfare Organization in the Sindo Thessaloniki. The Minister of Health and Social Solidarity regulate the process of integrating these facilities and any relevant detail.
4. KETHEA governed by an eleven board , which has a two year term . The President, Vice President and seven ( 7) members elected by the General Assembly KETHEA , which elect three (3 ) alternate members . The General Assembly shall participate in voting workers in KETHEA with a permanent contract , members of the therapeutic programs that are under probation , the board members of associations of parents and friends of therapeutic programs KETHEA and honorary members of the Board KETHEA . The remaining two (2 ) shall be the President or a member of the National Council of Public Health ( E.SY.D.Y. ) proposed by E.SY.D.Y. and the President or a member of the Governing Council of the Pedagogical Institute.
5. Resources KETHEA is funded by the Ministry of Health and Social Solidarity , donations , bequests and grants from third parties and revenue from every kind of business and activities tou.To KETHEA has the same tax exemptions for hospitals of Law 2592/1953 , other than stamp duty . KETHEA prepare and notify the Minister of Health and Social Solidarity , until the month of May each year, an annual operational plan of action and budget for next year . The operational program should be harmonized with national plans and programs of action of drugs. The balance - assessment each year , the management of resources and the implementation of the operational plan is controlled by the Ministry of Health and Social Solidarity .
6. Doctors NHS may be seconded to KETHEA hospitals in which they serve . The posting made by the Minister of Health and Social Welfare at the request and consent of the Director of KETHEA . The period of secondment is unlimited. The detachment interrupted by a similar decree at the request of the physician or proposal of the Director KETHEA .
7. With the procedure of paragraph 6 be posting KETHEA and other public sector employees .
1. For the active participation of society in the fight against the proliferation of drugs and the protection of young people and to assist the work of O.KA.NA. recommended Advisory Board consisting of representatives of local government , the Confederation of Parents of Higher Secondary Education ( A.S.G.M.E. ) , parents associations addicts of successfully treated addicts , representatives of the teaching staff in primary and secondary education ( ILO , O.L.M.E. - OT . EU), the TEI, and AEI, the National Student Union of Greece ( ESEE ) , the National Student Union of Greece ( EFEE ) , the National Medical Association ( PIS ) , the Panhellenic Pharmaceutical collective speech ( P.F.S. ) , of the Athens Bar Association ( Board A ) and the Journalists Union of Athens Daily Newspapers ( E.S.I.E . A.) . The mandate of the Advisory Board shall be three years .
2. The Minister of Health and Social Solidarity down the necessary arrangements for the implementation of this provision , the constitution , operation, responsibilities , and any related issues to fulfill the mission of the Advisory Council .
Development , monitoring and control stations and therapeutic counseling centers
1. Planning to tackle drug addiction narcotic substances within the meaning of Articles 1 and 3 is divided into three steps :
a) prevention - update
b) therapeutic rehabilitation
c) social reintegration.
2. Since the entry into force of Law 2161/1993 ( Government Gazette 119 A ' ) , subject to the provisions of Article 2 of Law 1894/1990 ( Government Gazette 110 A' ) , responsible for the establishment and functioning of Advisory Station , centers and clinics physical and mental rehabilitation and social reintegration or other relevant units of non -profit is the Ministry of Health and social Solidarity . The Special Medical Stores in Article 32 are the responsibility of the Ministry of Health and Social Solidarity , subject to the provisions of Law 1851/1989 ( Government Gazette 122 A ' ) . By joint decision of the Ministers of Justice and Health and Social Alilengyis , after consulting the Board the O.KA.NA. approved treatment programs , applicable in those stores. With the same generic Decision specifies the conditions and the way of selecting people who are admitted to these stores.
3. The O.KA.NA. may establish and operate units referred to in the first sentence of the previous paragraph. Also with expenses or with financing or lending by O.KA.NA. have the same opportunity :
a) municipalities ,
b) charities and charitable institutions, if it is stipulated by the statutory provisions,
c) ecclesiastical bodies ,
d) Universities and Technological Institutions
e) natural or legal persons operating for similar purposes .
4. For the establishment and operation of the above vectors units , except those operating under Article 55 , require a permit, issued by the Ministry of Health and Social Solidarity , following the opinion of the Board the O.KA.NA. . The same procedure is also possible to revoke the operating license if it is found from ongoing inefficiency in these project .
5. Without prejudice to Article 2 of Law 1894/1990 , those units established hereafter , except those operating under Article 55 , regardless of the entity subject to the supervision and control of the Ministry of Health and Social Solidarity exerted by O.KA.NA. .
6. Bodies which are subsidized by the State and subject to the control of their financial management .
7. A presidential decree issued upon the proposal of the Minister of Health and Social Solidarity defines the terms and conditions for the grant of license for the establishment and operation of these units , the way of supervision and control by the O.KA.NA. as and evaluation criteria from ongoing work in them .
Addicted Prisoners Rehabilitation Centers
1. Established two (2) Special Medical Stores , titled: a ) " Addicted Prisoners Rehabilitation Centre " located in the Municipal District of the City of Olive Thebans and b ) " Addicted Prisoners Rehabilitation Centre " located in the Municipality of Kassandra . The purpose of these shops is the therapeutic treatment of addicted detainees to physical and psychological dependence .
2. For the recruitment of the first ( Addicted Prisoners Rehabilitation Centre based in Olive Municipal District of the Municipality of Thebes ) :
A) are recommended :
a) Category 3 seats TE - Technology Graphic Arts industry ,
b) 1 TE class post - electronics industry ,
c) one class post Mon - Electronic industry ,
d) 1 TE class post - technology sector construction works ,
e) 10 places TE Class - Psychologists industry .
B) Growing existing organic positions of Detention as below :
a) Branch IP Doctors Psychiatrists in 8 of the designated total these 27 psychologists and IP industry by 6, the designated total of these 16 ,
b) TE Branch Health and Welfare Social Work specialization by 24 , the designated total number of these 124,
c) Branch IP Practitioners Practitioner specialty in 4 of the designated total in these 32
d ) Sector Edit Physicians specialty in Microbiology 2 of the designated total in these 3
e) Branch IP Pharmacists in 2 of the designated total in these 3
f) Agricultural Technology Branch TE by 1, the designated total of these 6 ,
g) Branch Personnel Act Health Care Nursing specialization in 12 of the designated total in these 33
h) Branch TE Administration - Accounting in 24 of the designated total in these 29
i) Division commander - Accounting 12 may be prescribed of the total number of these 212 ,
j ) DE Technical Sector 12 , the designated total of these 28 ,
k) Nursing Assistant Branch DE 10 , the designated total of these 35 ,
l) Auxiliary Personnel Branch HR 8 , the designated total of these 11 .
Three . By joint decision of the Ministers of Economy and Finance , Health and Social Solidarity and Justice sets out the necessary positions for the launch of the special treatment premises. To fill positions on the first application of this Article shall apply the provisions of paragraph 3 of Article 21 of Law 2446/1996 (FEK276A) .
Creation of posts for the specific treatment programs in psychiatric hospitals of Athens and Thessaloniki
In Psychiatric Hospital and the Psychiatric Hospital of Thessaloniki recommended respectively 395 and 226 permanent staff positions with private contract of indefinite duration , which placed those engaged in these hospitals , according to the provisions of Article 11 of Law 2880/2001 ( Government Gazette 9 A) for programs for drug and alcoholism . The distribution of these sites by category , industry and specialty made by the Minister of Health and Social Solidarity , upon recommendation of the Board the relevant D.Y.PE. .
1. The O.KA.NA. establish programs to prevent the spread and use of drugs and submit them for approval to the Minister of Health and Social Solidarity . Similar programs can establish the Church of Greece , the local government unions , and any public or private entity . These programs submitted for processing in O.KA.NA. and approved by the Minister of Health and Social Solidarity . Prevention programs , involving units of competence and other Ministries , apply joint decision of the Minister of Health and Social Solidarity and the relevant Minister , subject to the provisions of Article 2 of Law 1894/1990 .
2. The programs referred to in paragraph 1 may be referred to the group level , neighborhood or community and addressed to :
e) Personal Health Centres and social policy
f) Staff Correctional Therapeutic or not
g) Recruits instructors and recruits
h) Staff of the General Secretariat for Youth and Adult Education
i) Students, Students
j) Sports centers or other social groups .
3. With these programs , among other possible:
a ) Establish health education and prevention in drug issues at all levels of education , in collaboration with the Ministry of National Education and Religious Affairs.
b ) Establish prizes among students , graduates and young workers for proposals on issues related to the fight against drugs.
c) To provide grants to scientists for further education abroad or inside on matters relating to the subject of O.KA.NA. .
d) To enhance cooperation with the Church , their municipalities to find the appropriate way to approach the problem of drugs.
e) School established training skilled personnel , which will further trained trainers .
f) To provide for the establishment of seminars and training programs , as well as the circulation of printed matter for everyone involved or wish to engage in anti-drug fight.
4. The programs of the preceding paragraphs shall be to:
a) The health education and correct information as to the nature and extent of the problem and identify risks inherent to individuals , family and society the problem of drugs in all forms.
b) The display positive role models for young people and encouraging their active participation in creative activities .
5. The application programs to prevent the spread and use of drugs by any entity without prior submission and approval of the program by O.KA.NA. , subject to the provisions of Article 2 of Law 1894/1990 . Violation of this provision constitutes a reason for revoking the license of the organization or dissolution of the association under Article 105 of the Civil Code . The process is initiated by the O.KA.NA. . Excludes programs of Communities KETHEA which simply communicated to Mr CB . A. N , without requiring the approval of the latter.
6. By decision of O.KA.NA. provided guidelines for the preparation of programs and identifies the objectives , operation and procedures for monitoring and evaluating them . "
1. Since the entry into force of this effect, every general or special provision concerning matters governed by this Code.
2. The validity of this begins one month after its publication in the Official Gazette.
Order the publication of this in the Government Gazette and enforcement as a law of the State.