Greece

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Background

THE FORMATION OF THE GREEK STATE (1830-1897)
The initial territory of the Modern Greek State consisted of Peloponnesus, western and east-central Greece (Sterea Hellas), along with the Cyclades and Sporades islands in the Aegean. Over the course of the 19th century, additional regions with dense Greek populations were gradually incorporated into the Greek state. Simultaneously, this newly emerged state began advancing its political and economic modernization efforts.

THE TERRITORIAL INTEGRATION OF THE GREEK STATE(1897-1922)
Between 1897 and 1922, the Modern Greek state underwent significant territorial integration. Key events and rapid developments during this period, alongside advancements in constitutional democracy, shaped Greece's trajectory and played a crucial role in its emergence as a modern state.

GREECE IN THE INTERWAR PERIOD AND THE WORLD WAR II (1923-1945)
The Greek interwar period, spanning from 1923 to 1940 (from the Asia Minor Catastrophe to the onset of World War II), was marked by transition and unfinished political consolidation. Despite significant economic reforms and democratic constitutional advancements, Greece, like the rest of Europe, experienced a time of uncertainty and intense efforts to establish systemic stability, both domestically and internationally.

CONTEMPORARY GREECE (1945-2010)
The immense loss of life suffered by Greece during World War II, followed by the devastating Civil Strife, left the country in a challenging position at the dawn of the post-war era. Nevertheless, Greece soon embarked on a period of economic reconstruction and renewed efforts to establish democratic political consolidation. These efforts were disrupted by seven years of military dictatorship (1967–1974). Following the dictatorship's end in 1974, the political landscape in Greece continued evolving and led to the consolidation of the country's institutions. Greece became a full member of the EEC in 1981 and joined the European Common Currency in 2002.

The Legal system

Greece is a civil law country, meaning that jurisprudence will not be considered as a source of law. The legal system in Greece has been heavily influenced by German and French law.
The main sources of Greek law are:

Enacted laws (either in the form of codes, statutes, acts or presidential decrees);

European Union (EU) law (primary and secondary);

International law (either international conventions or agreements), superseding national laws.

Custom is of limited use, but as judicial jurisprudence doesn’t qualify as a source of law, like in common law systems, Greek courts generally adhere to established case law. This especially to the judgments of the Supreme Civil and Criminal Court (Areios Pagos), as well as those of the Supreme Administrative Court (Council of the State).

Legal Aid

State sponsored legal aid
Legal aid grants citizens the right to apply for financial assistance for initiating legal proceedings or defending themselves in cases brought against them. It also includes legal representation at second instance, as well as costs associated with notaries (symvolaiográfos), bailiffs, and enforcement costs.
The provisions for legal aid in civil and commercial cases are outlined in Law 3226/2004 on the provision of legal aid to low-income citizens and other provisions.
Additionally, legal aid can involve the appointment of a lawyer to provide legal advice aimed at resolving cross-border disputes before they proceed to court (Article 10(c) of the Law)).
Responsibility for legal aid in Greece is shared among the Ministry of Justice, the Courts, and the Bar Associations. In civil, administrative, and criminal cases, individuals that don’t possess the financial means to afford legal representation can apply for legal aid through the Ministry of Justice. A judge or justice of the peace will then evaluate the application and decide whether legal aid can be granted, with the decision being appealable to a three-judge district court. Regardless of a defendant's financial status, courts are obligated to appoint legal representation in cases involving indictable offenses (kakourgima), cases where the defendant is directly taken to court (in relation to less serious offenses), and in pre-trial proceedings before an investigating judge.
Legal aid can cover the full cost of a trial or a portion of it. This includes not only the lawyer's fees but also associated expenses such as stamp and copy duties, witnesses and experts’ fees, and security for costs.
Compensation for legal aid is paid through the Ministry of Justice.
There is no independent legal aid authority responsible for managing or overseeing the provision of legal aid. Additionally, there are no independent codes or standards for legal aid lawyers as they are required to operate in accordance with the general legislative and regulatory framework for lawyers.

NGO’s providing pro bono legal aid
Typically, pro bono legal assistance is not provided by lawyers in Greece. Amid Greece's socio-economic crisis, informal, non-state mechanisms of legal aid have emerged as alternatives to state-sponsored legal aid.
These initiatives are supported by charitable actions of groups like Solidarity Now, Arsis, and some local bar associations. NGOs can potentially cover legal aid costs, primarily in cases of migrants and refugees.

Number of lawyers (criminal/civil)
Bar Associations maintain lists of lawyers available to provide legal aid services. In 2024, a list was published by the Norwegian Embassy with all attorneys that offer legal assistance to Greek nationals and foreigners. The list contains approx. 70 attorneys.

Source of Defendants Rights

National Sources of Defendant’s rights:
Under domestic law, the Greek Code of Criminal Procedure, along with the provisions of the Greek Constitution, the European Convention on Human Rights and its Protocols, and the International Covenant on Civil and Political Rights (which hold precedence under domestic law), establish a comprehensive system of rights for defendants during both the pre-trial and trial stages.

International Sources of defendant’s rights: As mentioned above, the European Convention on Human Rights and its Protocols, as well as the International Covenant on Civil and Political Rights contain provisions that hold precedence under Greek domestic law

Rights of the Accused

Right Against Unlawful Arrests, Searches and Seizures:

Right Against Unlawful Detention:

Right Not to be Tortured or Ill-Treated:

Right to Medical Care:

Right to be Informed of Charges:

Right to Presumption of Innocence:

Right Against Self-Incrimination:

Right to Counsel and Effective Assistance:

Right to Due Process:

Right to Equal Protection of the Laws:

Right to Bail:

Right Against Ex Post Facto Prosecution:

Right Against Double Jeopardy:

Right to a Fair Trial:

• Generally:
• Right to a Trial by Jury:
• Right to a Speedy Trial:
• Right to an Impartial Judge:

Right to Language Interpretation:

Right to Habeas Corpus:

Capital Punishment:

Right to Appeal:

Rights of Counsel

Means of Protecting and Enforcing Rights

Exclusionary Rule:

Nullity of Procedure:

Civil Actions:

Pre-Trial Procedure

Police procedures

Arrest, Search and Seizure Laws:

Interrogation:

Court Procedures

Pre-Trial:

Oral Trial:

Sentencing:

Appeals

Rights in Prison

Right to Humane Conditions of Confinement:

Right to Medical Care in Prison:

Right to Mental Health Care:

Restriction of rights:

Rights of Special Populations:

• Women:
• Juveniles:

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