Supervisors info:
Ιωάννης Ανδρουλάκης, Λέκτωρ Ποινικού Δικαίου και Ποινικής Δικονομίας, Τμήμα Ποινικών Επιστημών, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών.
Summary:
Freedom of Artistic Expression as a part of Freedom of Expression in general, is one of the most important rights of the modern world, which justifies it's unconditional protection in article 16 of the Greek Constitution. The unlimited protection, however, does not imply freedom with no boundaries; rather, it implies unlimited autonomy, especially since all constitutional rights are equal. Therefore, when it comes into conflict with other legal goods, it may diminish for their sake. One of these goods is freedom of religion, and in particular, everyone's right to own and freely express their religious beliefs. How and when it declines, however, is still an issue both socially and legally. What was resolved by the legislator, however, was the doubts about the articles of blasphemy (198 and 199 CC), which were abolished in 2019. Although these articles intended to protect an equal and important right, the freedom of religious conscience and the unshakable expression of one's religious beliefs, in other words religious peace, they introduced a crucial restriction on freedom of art, especially when the ambiguity of their provisions and their legal malfeasance could not serve the purpose for which those articles were originally drafted. Also, the lack of consideration of the criteria for the justification of the restriction each time as well as the absence of balance between the two legal goods has often led to excessive penalties for artistic freedom, which, although not infinitely free, should certainly be treated as more resilient.
Keywords:
Freedom of art, blasphemy, crime, abolition, freedom of religion
