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:
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
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.
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.
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
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.
Rights of the Accused
- Freedom from prolonged pre-trial detention:
Under article 282, § 3 of the GCCP, pre-trial detention is considered a last resort, applied only when strict and specific criteria are met, and when no alternative measures can ensure the accused's presence at trial. For felonies, detention cannot exceed one year, and for misdemeanors, the maximum is six months. In exceptional circumstances, these limits may be extended by an additional six months for felonies or three months for misdemeanors, through a decision by the competent judicial council (Article 282 and 287, § 2 GCCP). It is explicitly forbidden to exceed these maximum timeframes by consecutively applying pre-trial detention to seperate acts within the same case (Article 6, § 4 of the Constitution).
Article 5, § 2 of the Greek Constitution states: “All persons living within the Greek territory shall enjoy full protection of their life, honor, and liberty, irrespective of nationality, race, language, and religious or political beliefs. Exceptions shall be permitted only in cases provided by international law.” This provision underscores the state’s obligation to safeguard the health and well-being of all individuals, including those in detention.
Article 21 of the Greek Penitentiary Code emphasizes the state’s duty to provide healthcare to prisoners. Article 31 further elaborates on the healthcare rights of detainees, specifying that prisoners have the right to medical examinations upon entry into the facility, periodic health assessments, and specialized care if needed. It also provides for the transfer of prisoners to external medical facilities when adequate treatment cannot be provided within the detention center.
Article 100 GCCP dictates that the accused shall be informed of the charges as soon as possible. Article 308 GCCP expands on that by stating that the accused must be notified of the offenses they are charged with before being questioned, during the investigative stage.
You will get full access to your case file to prepare your defense with your lawyer, from the point of arrest or, if there is no arrest, when you are charged. You are formally charged when the public prosecutor informs you of the charges against you or a document containing the charges is served to you.
Article 72(a) of the GCCP dictates that suspects or accused persons are presumed innocent until their guilt is proven in accordance with the law. Prior to the enactment of Article 72A, the presumption of innocence was primarily derived from constitutional principles and international obligations, such as Article 6(2) of the European Convention on Human Rights.
In the GCCP, there are a few legal bases that guarantee the right to non-self incrimination. The GCCP states that: the accused must be informed of their rights, including the right to remain silent ; no one can be forced to testify against themselves ; coercion or pressure to extract a confession is prohibited ; and a confession is only valid if it is made voluntarily.
Mentioned above.
Article 7, § 1 of the Greek constitution contains the legality principle Nullum Crimen Sine Lege, by which “No offence shall exist, nor shall any punishment be imposed, unless a law determining the details has been in force prior to the commission of the act. Punishment can never be heavier than provided by the law in force when the act was committed.”
The Greek Code of Criminal Procedure contains a provision in Article 57, which embodies the principle “ne bis in idem”. The article reads as follows :
“Res judicata bars a new prosecution.
1. A person who has been finally convicted or acquitted or against whom criminal prosecution has been finally terminated, may not be prosecuted again for the same act, even if this act is characterized as a different criminal offence.
2. Exceptions to this rule are provided for in Articles 58,81(2), 525,526.”
Article 57 of the GCCP prohibits a second prosecution for the "same act," not merely the same offense. This restriction applies regardless of how the act is legally classified.
- Generally:
Article 20, § 1 of the Greek Constitution ensures the right of individuals to receive legal protection from the courts and to plead their case:
“Every person shall be entitled to receive legal protection by the courts and may develop his views concerning his rights or interests as specified by law.”
Article 48 of the EU Charter of Fundamental Rights, to which Greece is a member, stipulates the following:
"2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3. Everyone charged with a criminal offence has the following minimum rights: …
(b) to have adequate time and facilities for the preparation of his defence; <br>(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; …
- Right to a Trial by Jury:
In Greece, there is a very limited participation of juries in criminal cases. Only in some cases, where the court has to decide on felonies (e.g. homicide, rape, grievous bodily harm, etc.), will a mixed court of three professional judges and four randomly-selected jurors try the case. Jurors serve for one month, so it might occasionally happen that they try more than one case. Certain categories are excluded from serving as jurors in Greece (ministers, MPs, university professors, mayors, clergy men and others). - Right to a Speedy Trial:
Article 6 GCCP establishes that criminal proceedings must be conducted without unjustified delay, ensuring the right to a trial within a reasonable time. In pre-trial detention, the trial should take place within 12 to a maximum of 18 months. Article 428 GCCP provides for the right to request an acceleration of the trial if excessive delay occurs. - Right to an Impartial Judge:
Article 8 of the Greek Constitution guarantees the principle of the natural judges, meaning that no one can be tried by a court not predetermined by law. Judges in Greece enjoy judicial independence by the power of article 87, § 2 of the Greek Constitution, which states: “Judges shall enjoy functional and personal independence.” Articles 14-19 GCCP govern the composition of courts and the rules ensuring that judges are assigned impartially and legally.
Article 6 of the Greek Constitution ensures that no individual shall be arrested or imprisoned without a reasoned judicial warrant, except when apprehended in the act of committing an offense. It mandates that anyone arrested must be brought before a competent judicial authority within three days, which can be extended by another two days under specific circumstances. The judicial authority is then required to either release the individual or issue a detention order within this timeframe.
Article 5, § 3 of the Greek Constitution stipulates the following: “No person shall be prosecuted, arrested, imprisoned, or otherwise restricted, save when and in the manner specified by law.”
Article 286 GCCP provides the right to appeal against decisions imposing or extending pre-trial detention. The appeal is submitted to the competent judicial council, which reviews the legality and necessity of the detention.
Greece totally abolished the death penalty in 1993.
Article 17 GCCP establishes the general principle that court decisions are subject to appeal, unless explicitly excluded by law. Articles 461-505 GCCP govern the types of appeals, their procedures and deadlines.
Greek law stipulates that if the party that wants to appeal resides in Greece, an appeal must be filed within 30 days from the date the decision is officially served to the party intending to appeal. If the party wanting to appeal resides abroad or his/her domicile is unknown, the time limit is sixty days after the final judgement has been served. The date of service is verified through the proof of service, which is retained by the bailiff who delivers the decision. Alternatively, if the decision has not been served by any party, there is a three-year deadline to file an appeal against a first-instance court decision (Article 518 GCCP). This three-year period begins the day after the decision is published, with the publication date specified in the decision itself. The 30-day appeal deadline is automatically suspended during the month of August and may also be suspended due to force majeure, upon the request of the party that files the appeal late. In such cases, the party filing a late appeal must provide a detailed explanation and evidence to the court, demonstrating how unforeseen circumstances prevented them from meeting the original deadline.
Article 177 GCCP emphasizes the court’s duty to seek the factual truth, allowing the introduction of any evidence deemed necessary for this purpose. It underscores the principle that the court must be thoroughly convinced of the defendant’s guilt before rendering a conviction. Therefore, the standard of proof in Greece's criminal courts is "beyond any reasonable doubt" meaning that a court requires full proof of the validity of the victim's allegations and its judgment against the defendant/perpetrator must be free of doubt.
Article 178 GCCP enumerates the primary types of evidence include indices (clues or indications); inspections of people, places and objects; expert opinions; confessions; witness statements; and documents.
While the Criminal Procedure Code does not have specific provisions on the use of documents as evidence, article 13(c) does define a document as any written material that can prove a fact, regardless of whether it is electronically stored or presented in another format.
Article 213 GCCP dictates that both during preliminary and main proceedings, witnesses are summoned in writing. Subpoenas are served at least 24 hours prior to preliminary proceedings and a minimum of 15 days before a hearing. Witnesses are typically required to take an oath, either religious or civil, with limited exceptions. Failure to appear can result in fines at the court’s discretion, as well as an order to cover judicial costs.
Article 231 GCCP dictates that when a witness is lawfully summoned but fails to appear for questioning, a peremptory writ may be issued against them. If the witness is summoned by a prosecutor, inquisitor, or magistrate, the witness will face a fine and could also be required to cover judicial fees. However, this conviction can be overturned if the individual appears to provide testimony and demonstrates that their absence was due to a valid legal impediment. If a witness or expert's absence leads to a postponement, the court may require them to cover the costs caused by the delay. Additionally, the court may impose a penalty for disobedience and issue a peremptory writ against them.
Rights of Counsel
Under Greek domestic law, defendants have the right to a lawyer at any stage of the procedure. In practice, the lawyer will also be present during police interviews. Like mentioned before, the Police must inform defendants of their rights, including the right to a lawyer, under the right to information. Defendants will get this information orally upon arrest and it will also be confirmed in writing once they arrive to the police station.
Accused individuals have the right to be represented by a defense counsel, including during cross-examinations with witnesses or other accused individuals. Under no circumstances can an accused person be denied the ability to communicate with their defense counsel. This communication is entirely confidential.
Means of Protecting and Enforcing Rights
Exclusionary Rule or Nullity of Procedure
See mentioned above.
The Greek Supreme Court has clearly stated that violations of statutory exclusionary rules or commands of the constitution or international human rights instruments are the equivalent of “absolute nullities” and will result in exclusion of evidence gained through having committed those violations.
Civil Actions:
In Greece, a victim to a crime, or the victim’s heirs, are able to file a civil claim within criminal proceedings for material damages and moral damages. A civil claim can be filed orally or in writing before the court during the criminal trial. However, the civil claimant is required to appear with legal representation. If the defendant is acquitted in the criminal court, the civil claim may still be pursued separately in a civil court.
Motions
In Greek criminal proceedings, motions are formal requests submitted by parties to the court, seeking specific rulings or orders during the trial process. These motions can address various procedural or substantive issues, such as challenging the admissibility of evidence, requesting the exclusion of unlawfully obtained evidence, or seeking the dismissal of charges. While the GCCP encompasses numerous articles detailing various procedural aspects, several key provisions are pertinent to motions. Article 171 GCCP outlines the nullities of criminal proceedings, specifying the conditions under which procedural acts may be deemed void.
Article 173 GCCP details the procedure for raising objections during the trial, including the appropriate timing and manner for submitting such motions. Article 176 GCCP specifies the process for appealing decisions related to objections, outlining the rights of parties to challenge adverse rulings.
Pre-Trial Procedure
Police procedures
Court Procedures
Rights in Prison
In Greek legislation, specific principles outline the treatment of inmates. However, in practice, overcrowding remains a severe and persistent issue in Greek prisons. Despite the construction of new prisons and the expansion of existing facilities, detention conditions have significantly worsened. Both the European Court of Human Rights and the CPT have declared these conditions incompatible with human dignity.
Many small cells (9,5 m2) house four or five individuals, severely compromising privacy, while article 21 of the Greek Penitentiary Code 2776/1999 provides for cell space of: a) 35 cubic meters for private cells, b) 40 cubic meters in case of placement of a second inmate in a private cell, c) 40 cubic meters for female inmates detained with their infants, who are always held in private cells, d) 6 square meters per inmate in wards/ multi occupancy cells.
These standards apply both in pre-trial and post-trial detention in prison facilities, as prisoners include individuals serving sentences against their freedom as well as those held in pre-trial detention.
The legal status of prisoners (untried and sentenced prisoners) is a key criterion for separation. However, due to overcrowding in men's prisons, untried prisoners are not separated from those who are serving sentences, despite legal provisions. In contrast, untried female prisoners are separated from convicted ones and are housed in two distinct facilities.
Under previously mentioned circumstances, even the most basic health and hygiene standards cannot be maintained. Each prison's administration is tasked with ensuring the facility's sanitary conditions, keeping all premises in proper working order, and supplying the necessary resources for inmates' personal hygiene and cleanliness.
Prisoners are required to adhere to the personal hygiene standards and maintain the cleanliness of shared spaces, as outlined in the internal regulations determined by the appropriate prison staff. In some facilities, cockroach infestations are common, mattresses are unsanitary, and cells are frequently unclean. By law, inmates are responsible for maintaining their personal hygiene and the cleanliness of their cells.
According to the Penitentiary Code, private cells and wards are equipped with their own sanitation facilities, including a sink and toilet. Each sanitation facility in the wards is designed to serve no more than three inmates.
While individual cells and wards are not required to include a bath, there must be an adequate number of communal bathrooms with access to hot and cold water to ensure personal hygiene and cleanliness for all inmates. However, the relevant legislation does not provide information about measures in place to ensure privacy for inmates while showering or bathing.
As stipulated in Article 51(1) of the Asylum Code, asylum seekers may be held in detention facilities as outlined in Article 31 of Law 3907/2011. This law pertains to pre-removal detention centers established under the framework of the Returns Directive. Consequently, asylum seekers are detained alongside third-country nationals undergoing removal procedures in these pre-removal facilities.
Official statistics demonstrate that Greece systematically employs pre-removal detention in removal procedures, rather than reserving it as a measure of last resort, as required by international, EU, and domestic law. In practice, detention is nearly automatically applied alongside deportation orders issued under Law 3386/2005, bypassing the safeguards established by the Return Directive.
In Greece, the right to mental healthcare for prisoners is primarily established under the Penitentiary Code (Law 2776/1999).
Article 27 of this law mandates that upon admission to a detention facility, each prisoner undergoes a medical examination by the facility’s doctor and is re-examined every six months thereafter. Prisoners also have the right to request an examination at any time, either by the facility’s doctor or by a private doctor of their choice. Support services, including counseling and psychological assistance, are available to a limited number of inmates in prisons where psychologists, social workers, or other specialized professionals provide care under agreements between the Ministry of Justice and public or non-profit health organizations. If an inmate exhibits signs of suicidal tendencies, they are referred to a psychiatrist, who may prescribe medication or arrange for their transfer to the (Central) Psychiatric Prison Hospital or another mental health facility. Law 1397/1983 was the first to establish the right to health within Greece's legal framework. The care and rights of individuals with mental illnesses are primarily addressed in Laws 2071/1992, 2519/1997, and 2716/1999, with additional provisions found in the Civil and Penal Codes.
Articles 4-6 of the Penitentiary Code govern general principles regarding the treatment of prisoners, detailed rights of prisoners, and obligations of prisoners, while article 68 of the same law addresses disciplinary measures and the conditions under which certain rights may be restricted as a consequence of disciplinary infractions. As per the Greek Penitentiary Code, new inmates are supposed to be informed about their rights, obligations and prison regulations, both orally and in writing, in a language they understand. However, in practice, inmates often do not receive the required informational leaflet, as these documents don’t exist.
It is worth mentioning that you can report violations of your rights as a prisoner to the warden of the prison. If they don’t deal with your complaint in a way that is satisfactory, you may report the violations to the prison council or to your lawyer. Complaints are lodged in writing to the Manager of Prison.
- Women:
As outlined in Article 13 of the Greek Penitentiary Code, female detainees are housed in facilities specifically designated for women or in separate sections of other institutions, separately from male prisoners. Interaction with prisoners from other categories is strictly prohibited. The rules governing their living conditions and the programs offered in these facilities are tailored to meet the specific needs of women. A dedicated area within the facility or section is arranged to accommodate incarcerated mothers with children under the age of three.
Upon admission to prison, all female inmates are provided with basic sanitary items. However, after this initial provision, such items are only distributed to women who are financially disadvantaged, pregnant, or living with HIV. Other incarcerated women are required to purchase these necessities on their own, despite the law making no distinction between those who can afford them and those who cannot.
Resources
