Filenews 18 October 2024 - by Angelos Nicolau
Bills that are part of the package of legislation that has been prepared for revision and modernization of the legislative framework on fires were submitted yesterday to the Plenary of the Parliament by the Government. Specifically, six bills were approved by the Council of Ministers: a) The Forest (Amendment) Law of 2024. b) The Prevention and Extinguishing of Rural Fires Law of 2024. c) The Communities (Amendment) (No. 4) Law of 2024. d) The Municipalities (Amendment) (No. 5) Law of 2024. e) The Extrajudicial Regulation of Offences (Amendment) (No. 2) Law of 2024. f) The Penal Code (Amendment) (No. 2) Law of 2024.
In existing legislation there are different and different penalties, which in some cases are very low. In the bills that have been approved, the legislative framework is revised and modernized and the offences of endangerment are universally separated from offenses resulting in. As a result, there are considerably higher penalties.
Indicatively, for the offense of causing fire, the penalties are tightened with the new bills, compared to the existing legislation. For forest fires, prison sentences can reach 12 years or a fine of €100,000. In relation to fires in the countryside, prison sentences of up to 10 years or €75,000 fine are foreseen, while for fires in municipalities and communities penalties of 8 years or €50,000 fine.
Also, the bills set fixed amounts of out-of-court settlement for endangerment offenses and depending on the offense and the time it was committed, the amounts vary and become stricter than the existing procedures. Indicatively, it is mentioned that, in the Forest Laws, there is no fixed amount of out-of-court settlement, but it is left to the discretion of the Director of the Department of Forests to determine the amount of the extrajudicial settlement, limiting the maximum amount to €2,000. With the amendment of the legislation, the minimum amount of extrajudicial settlement is set at €500 and the maximum at €3,000 for endangerment offences and is no longer left to the discretion of the Director of the Department of Forests.
The draft law "The Forests" provides, inter alia, for the following: a) Separation in the basic law of endangerment offences from offences with effect. b) Redefinition of penalties in: 1) Offences of endangerment in relation to fire. 2) Offences of causing fire without damage. 3) Offences of causing fire with damage. c) Addition of the offence of using tools, without permission, from 1 June to 30 September, in an open outdoor area. d) Addition of a provision for the recovery of the cost of suppressing fires within a state forest. The table sets out amounts of out-of-court settlement depending on the period when the offence was committed. Specifically, for lighting fires without permission the fines in the period June – September are € 2.500, April – November € 1.000 and December – March € 500.
During the period from June 1 to September 30, the out-of-court regulation for the use of tools, machinery, devices or other equipment for cutting or welding metals or other materials that during their use cause heat, flame or spark and may cause fire without permission reaches €2,000.
The bill "on the prevention and extinguishing of fires" provides, inter alia, for the establishment of offences in relation to lighting a fire and causing a fire in the countryside, the possibility of extrajudicial regulation of offences and the addition of a table with fixed amounts of extrajudicial regulation depending on the period the offence was committed, taking into account the risk of starting and spreading a fire.
Furthermore, it provides for the possibility of settling the payment of extrajudicial fines and the possibility of imposing as an additional penalty the financial penalty equal to the amount used to extinguish the fire or which can be used for the environmental repair of the damage.
The purpose of the bill on communities and municipalities is to amend the basic law, so as to modernize the existing legislative framework governing the lighting of fires and causing fires in areas within the development limits of the Communities and to achieve proportionality and tightening of penalties. In addition, the amendment of the Basic Law is deemed necessary, so that criminal conduct in relation to fire is not found in more than one piece of legislation, with different and disproportionate penalties.
The purpose of the bill on extrajudicial regulation of offences is to amend the basic law by deleting from the list the offences provided for in the Prevention of Rural Fires Law, due to the repeal of that law and its replacement with new legislation, which provides for new offences, as well as their extrajudicial regulation.
The purpose of the Penal Code Bill is to delete a specific article of the Basic Law, in order to avoid providing for the criminalization of the same conduct in many pieces of legislation with different and disproportionate penalties.
Adjustments
according to time June-Sept Apr-Nov Dec-May Bonfire
without approval 2,500 1,000 500 Use of tools 2,000 - - Failure to
comply with licence conditions 1000 750 500 Abandoning an
unextinguished fire 2,000 750 500 Disposal of a
match or cigarette 1,000 750 500 Fire without
damage 3,000 1,500 750 Food
preparation 1,000 750 500 Attempt to commit
an offence Half amount Half amount Half amount
