This proposed protection of our national symbol by the Constitution achieves a key legal-political intersection.<\/p>\n
It is obvious that in view of the proposed revision of the Constitution, on the part of the New Democracy, among other things, care is being taken to ensure, for the first time since the post-revolution and the solid Constitution of 1975, the constitutional safeguarding of the Greek flag, as our timeless national symbol, as a structural element of our timeless national identity and cultural identity, both for Greece, but also for the major Hellenism of the diaspora.<\/b><\/p>\n
It is obvious and scientifically admitted that the Character of our Constitution becomes irredeemably Christian Orthodox<\/b>, <\/b>and this is causally inferred from Article 3, 14 par. 3, 16 par. 2, of the Constitution plus the fact that, in principle, all Constitutions were passed in the name of the Holy and Blessed Trinity, such as the Constitution of Epidaurus in 1822, of Astros in 1823, and of Troizina in 1827, under the Bavarians: 1832, 1864, 1911, 1952, under the Republic: 1975, 1986, 2001, 2008, 2019, except for two Constitutions of the Sovereign in 1832 and the Republican in 1927.<\/b><\/p>\n
In support of the above, the head of our Constitution, namely, the preamble, makes reference to the Triune God, which, I submit, is, of itself, a fundamental Constitutional non-revisable provision, because it belongs to the hard core, as per Article 110 para. 1<\/b>, because of the increased formal force which it carries by virtue of its normative force as an organic part of the Constitution as a whole.<\/p>\n
It has become historically known that the protection of the Greek flag, was legally and institutionally guaranteed already since the Greek Revolution<\/b> and officially in January 1822 in the First National Assembly up to Law 851\/1978 -FEKA-233\/22-12-1978, the timeless issues concerning the national flag, the War Flags and the Distinguishing Mark of the President of the Republic are regulated in a solvent manner.<\/p>\n
That further flag- as a national symbol, under the Criminal Law, but purely as a state symbol bearer of the State State State power, completely disconnected from the history of the nation, so therefore, if one pollutes, defacing or burning the Greek flag in public, is not considered a criminal offence, but this happens, by contrast, only with the removal of the Greek flag from a State agency and again under certain conditions and I specify below:<\/b><\/p>\n
Article 191 A of the Penal Code <\/b>has downgraded the offence of insulting the national symbol, as a state symbol of state power and not of the nation (as a self-actual legal value and good, detached from the State entity, i.e. as a good of timeless cultural idiosyncrasy<\/b>),<\/i> as mentioned above, which is criminally attached as a crime of potential endangerment of public order, reducing the scope of the despicable conduct of this act as such, in the sense that the objective substance of that offence is constituted, not by reason of any form of public form of pollution, disfigurement, destruction or removal of our national councillor indiscriminately and collectively by the would-be anti-Hellenic perpetrator, but only if and when it is proved that there is a risk to public order, that is to say, disruption and disturbance of the calm and peaceful coexistence between citizens under the sovereignty of the State.<\/p>\n
In other respects, if the fraudulent, would-be perpetrator in question, knowingly deforms and destroys the national symbol fraudulently and ultimately expresses abysmal hatred or contempt against the Greek flag<\/b>, but if and when this is not done, within the framework of the authority of the State, i.e. to remove a flag from a state institution (i.e. Ministry, Municipality, District, Court, Treatment Centre, in any case an Institutional State entity and not a private one, or the flag, as such, as an independent national symbol), by disturbing public order, endangering it, or even doing so, i.e. removing or destroying a Greek flag from a building, but if he does so without disturbing public order, this act remains unpunished and the offender, despite the fact that he has offended in fact, remains innocent, plainly, blatantly, and objectively, our national symbol, no sanction is incurred, precisely because the doctrine of the criminal law, which enacted the following provision, provided for this, thus leaving a wide margin of multiple contempt of our national symbol.<\/b><\/p>\n
So to put it another way, the flag as a national symbol<\/b> is not offended, but if it is destroyed while standing in a state building and the offender sacrifices it or burns it in public, disturbing public order, otherwise if he does so secretly and in violation and quietly escapes, it does not constitute a criminal offence, because he has not caused public order to be disturbed, this means, therefore, on the basis of the above, that until now the Legislator is not at all interested in the protection of the bloodstained Greek flag as a national symbol since the foundation of the Greek State, although it combines, complementarily but harmoniously, the structural Pillars of the identity and timelessness of our Culture, namely, of Greek-Christianity.<\/p>\n
In conclusion, through this proposed protection of our national symbol through the Constitution, a key legal-political breakthrough is achieved, paving the way for the revision of the above criminal provision, which is considered, in my subjective opinion, obsolete, outdated and as not responding to the timelessness of our national conscience and the protection of our emblematic symbol.<\/p>\n
* Charalambos B Katsivardas is a d<\/b>lawyer for the Supreme Court and S.T.E., an<\/b>independent MP<\/b><\/p>\n
.<\/p>\n","protected":false},"excerpt":{"rendered":"
This proposed protection of our national symbol through the Constitution achieves a key legal-political intersection.
\nIt is obvious…<\/p>\n","protected":false},"author":1,"featured_media":9925,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[3],"tags":[],"class_list":["post-9924","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics"],"acf":[],"_links":{"self":[{"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=\/wp\/v2\/posts\/9924","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9924"}],"version-history":[{"count":0,"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=\/wp\/v2\/posts\/9924\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=\/wp\/v2\/media\/9925"}],"wp:attachment":[{"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9924"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9924"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/en.tomanifesto.gr\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9924"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}