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
Upon arrest, you have a right to information where the Police officer that carries out the arrest orally informs you both of your rights as a defendant and the allegations/charges against you. If you are arrested with a warrant, you will be able to read the warrant, which should clearly set out the allegations against you. If you are arrested while committing a crime, the police will orally inform you of the allegations against you. In all cases you also have the right to read the arrest report setting out the circumstances under which you were arrested. If you do not speak Greek, you will need an interpreter to understand the allegations against you.
When the accused is summoned to appear in their defense, the investigating judge is required to inform them of the charges outlined in the indictment and the contents of the investigation documents. The accused and their defense counsel have the right to study the indictment and the investigation documents. Upon written request, the accused may obtain copies of these documents at their own expense.
The Greek Ombudsman has the authority to intervene in cases involving public bodies, such as prisons, where a complaint has been made to him by a member of the public. His role is also to promote equal treatment. The criteria to receive assistance are as follows: Complaints can be made by anyone, regardless of nationality; complaints must be made within 6 months of the incident complained about; and applicants must have sought redress from the public administration unit involved. The cost of this complaint initiative is free.
- Arrest
Under Greek domestic law, you can only be arrested if:
1. There is a warrant against you (which can be issued by either the investigating judge or the public prosecutor, depending on the circumstances) ; or
2. You were caught in the act of committing a crime (i.e. red handed). In this case, police have a special authority to arrest you without a warrant, up to 48 hours after you have been caught in the act of committing a crime.
This is on the basis of the Greek Constitution and the Greek Code of Criminal Procedure (GCCP):
- Article 6, § 1 of the Greek Constitution: “No person shall be arrested or imprisoned without a judicial warrant stating the reasons, which must be served upon him at the moment of arrest or imprisonment, pending trial. This provision does not apply to crimes committed in flagrante delicto.”
- Article 276, § 1 GCCP: “except of the cases of art. 275 (offender caught «in the act») no person shall be arrested without a specially and sufficiently reasoned warrant of the investigating judge or the judicial council, which must be served at the moment of arrest.”
From the moment of your arrest, or if there is no arrest, when charges are brought against you, you will be granted full access to the case file to prepare your defense with your lawyer. You are formally charged when the public prosecutor informs you of the allegations against you or when you are served a document outlining these accusations.
A necessary differentiation must be made between the pre-trial stage in misdemeanour cases and in serious crimes.
- Pre-trial stage in misdemeanour cases
In the pre-trail stage in misdemeanour cases, the Public Prosecutor will order a preliminary inquiry (in practice carried out by the competent Investigating Magistrates) aimed at collecting the evidence which would justify prosecution, after having received a notitia criminis (A notice conveyed to a prosecutor that a crime is alleged to have occurred). After completing the preliminary inquiry, the Public Prosecutor decides whether to initiate prosecution by filing charges or to dismiss the case. A dismissal may occur on legal grounds or if there is insufficient evidence to indicate a criminal offence. Any decision to dismiss the case must be confirmed by the competent Prosecutor of the Court of Appeal. If the Prosecutor of the Court of Appeal disagrees with the dismissal, they can instruct the First Instance Court Prosecutor to initiate prosecution. The complainant has the right to appeal a dismissal decision to the Prosecutor of the Court of Appeal, who may either confirm the dismissal of the case or order prosecution.
If the Public Prosecutor decides to proceed with prosecution for a misdemeanour (or is instructed to do so), the case is referred to trial before the Misdemeanour Court through a Writ of Summons. This document, served on the defendant, includes details of the accusation, the trial date, the court where the defendant must appear, the witnesses to be examined, and the evidence to be presented by the Public Prosecutor. Foreign defendants also receive a translated version of the summons in a language they understand. If the defendant is summoned before the Three-Member Misdemeanour Court, they have the right to appeal the indictment on factual or legal grounds by filing an appeal with the Prosecutor of the Court of Appeal.
- Pre-trial stage in serious crimes
In the pre-trial stage in serious crimes, a preliminary inquiry is also conducted. However, after the closing of this inquiry, the Prosecutor cannot directly refer a felony case for trial. Instead, they must order a main investigation, which is conducted by the Investigating Judge. This investigation aims to gather all necessary evidence for the Judicial Council to determine whether the accused should stand trial. The Investigating Judge conducts the inquiry comprehensively, addressing all aspects of the case and involving all participants in the alleged offence. The Judge has the authority to examine witnesses, inspect locations, request expert opinions, and order pre-trial detention, among other actions. The ordinary investigation cannot be concluded without first notifying the defendant.
Once the main investigation is complete, the case file is forwarded to the Public Prosecutor, who submits a written and reasoned recommendation to the Judicial Council. This recommendation may propose either the referral of the case to trial or the acquittal of the accused. After reviewing the Prosecutor’s submission, the Judicial Council issues a decision, which may align with or differ from the Prosecutor’s recommendation. The Judicial Council can also summon the parties to present their arguments before making a decision.
For certain serious crimes, the responsibility for deciding whether to refer the case to trial or acquit the defendants lies with the Judicial Council of the Court of Appeal. Typically, referrals to trial for serious offences (felonies) are made by the Judicial Council of the First Instance Court or the Court of Appeal. However, certain crimes, including tax offences, robbery, and drug trafficking, are directly referred to trial by the Public Prosecutor at the Court of Appeal. In such cases, the Prosecutor of the First Instance Court oversees the case until the conclusion of the main investigation and then forwards the file to the Prosecutor at the Court of Appeal. The latter decides whether to proceed with the trial and, if so, issues a Writ of Summons after obtaining written consent from a Judge at the Court of Appeal. There is no legal remedy available against a Writ of Summons issued by the Prosecutor at the Court of Appeal. - Pre-trial detention
If you are caught in the act of committing a crime, you may be placed in pre-trial detention upon arrest. In such cases, you will typically be held at the police station for 24 to 48 hours before being taken directly to court for trial under summary (fast-track) procedures. Alternatively, if there is only suspicion that you have committed a crime, the police may arrest you. In this scenario, you must be brought before an investigative judge (Anakritis) without delay, and no later than five days after your arrest, to present your defense. The investigative judge, with the approval of the public prosecutor, may order your pre-trial detention. If pre-trial detention is ordered, you can be held in prison for up to 12 months, and 18 months in exceptional cases, before your trial begins. The Judicial Council reviews pre-trial detention after the initial six-month period.
According to Article 282, § 3 of the Greek Code of Criminal Procedure (GCCP), pre-trial detention is considered a measure of last resort. It is applied only when restrictive conditions, such as bail, reporting daily to the police, or restrictions on residing in or leaving a specific location, are deemed insufficient to guarantee the accused's presence during the trial or investigation. Pre-trial detention may be imposed if the individual is accused of a felony, there is serious indications of guilt, the accused lacks a known residence in the country, has attempted to flee or been a fugitive in the past, violated previous restrictions, or is likely to commit additional crimes. During the pre-trial stage, restrictive conditions can be applied if there are serious indications of guilt for a felony or a misdemeanor punishable by at least three months' imprisonment. These measures aim to prevent the commission of further offenses, ensure the accused's presence during investigation or trial, and secure compliance with the final decision. Pre-trial detention, however, may only be ordered if it is demonstrated on founded grounds that restrictive conditions are either insufficient or cannot be imposed. Thus, pre-trial detention requires a dual justification by the investigating judge, with the prosecutor's agreement or by decision of the judicial council in case of disagreement. The judge must provide reasoning both on why restrictive conditions are inadequate and how the legal prerequisits outlined by law are met in the specific circumstances of the case.
Although there is a presumption that people should be released pending their trial , in many cases defendants are kept in custody, particularly when they are foreign nationals. Reasons for keeping people in custody are to prevent them from : 1. Failing to attend their trial (i.e. absconding); 2. Tampering with evidence or interfering with witnesses; 3. Committing another offence; or 4. Being in danger from others or themselves. Detention prior to a trial will always be ordered in the following circumstances: if you are considered a flight risk and you are suspected of having committed an offence that carries a minimum sentence of five years imprisonment ; or if you are suspected of having committed a minor offence and the prosecutor has decided that your case will be tried summarily (i.e. fast-track procedure).
You can apply for bail when the investigative judge and the prosecutor are considering your pre-trial detention. If this is denied, you can submit a new application at any time. This is possible usually when there are changes to the circumstances of the arrest. If the application is rejected, you can appeal to the Judicial Council within a time-frame of five days. There is no set time for regular reviews of the decision to detain you while awaiting trial. However, there is one automatic review after six months of detention.
If you are in pre-trial detention, your trial should take place within 12 to a maximum of 18 months. After this period of time, the First Instance Court must have heard your case and made a decision. If the trial does not take place within the abovementioned time-frame, the Judicial Council will release you until the start of your trial. - Exclusionary rule
Regarding criminal proceedings, Art. 177, § 2 GCCP, as amended by Art. 2, § 7 of the Law 2408/9661 and by Art. 10, § 2 of the Law 3674/2008, is of special significance, because it introduces the exclusion of evidence that is obtained by or through criminal acts to criminal proceedings. Although the version in force (Art. 177, § 2 GCCP) is now more rigid, providing no exceptions to the exclusionary rule, the Greek jurisprudence does not hesitate, in certain cases, to admit evidence obtained by or through criminal acts. An instance of this would be the case when an unlawfully obtained sound recording leads to the proof of the innocence of the defendant.
Prior to 2001, the Greek Constitution did not contain provisions on exclusion of illegally obtained evidence. The 2001 Amendment introduced a new paragraph to Article 19, which states: “The use of evidence acquired in violation of the present article and of Articles 9 and 9A is prohibited.” This amendment to Article 19 marked a significant development by establishing a prima facie absolute exclusionary rule. According to this rule, evidence obtained in breach of the specified constitutional rights is inadmissible in both criminal and civil proceedings. The exclusionary rule primarily applies to evidence acquired through the unlawful use of modern electronic devices.
You are not obligated to speak to the police upon arrest and your silence should not be interpreted as an admission of guilt. Remaining silent during police questioning does not prevent you from presenting an alibi for the first time at trial. However, the court or prosecutor may ask you to explain why the alibi was not mentioned earlier at a later stage in the procedure.
RIGHT TO 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.
Court Procedures
Court Procedures
| PRE-TRIAL |
In the pre-trial stage, there will be a preliminary inquiry aimed at collecting the evidence that could justify prosecution. This will, as a rule, be carried out by the Competent Investigating Magistrates, after it was ordered by the Public Prosecutor who received a notitia criminis. This process is inquisitorial, written, non-public, and non-adversarial. |
| TRIAL | According to article 93 of the Constitution and article 329 GCCP, all trials must be held in public, and all court rulings must be announced in public, under penalty of nullity. The public nature of the trial may only be restricted to protect public morals or the personal or family privacy of the individuals involved. The trial must be conducted orally, and the Court’s decision should be based on the evidence presented during trial. Witnesses are examined by both the Court and the parties involved, relevant documents are read aloud, and both the Public Prosecutor and the defense counsel present their arguments orally. The nature of the inquiry in court is moderately adversarial. In trail proceedings, the defendant will be summoned and is required to appear in person before the Court. However, the defendant has the right to appoint up to three defense attorneys to represent them during the trial. In cases involving serious crimes, legal assistance is mandatory, and if the defendant has not chosen their own counsel, the presiding judge will officially assign up to two members of the Bar to provide defense. The defendant may also request legal assistance prior to the court hearing, as outlined in Article 340(3) GCCP. If the Court deems the defendant’s presence necessary, it can order the defendant to appear in person. If the defendant fails to attend despite being duly summoned, they will be tried in absentia. The civil claimant, on the other hand, is not required to be present and may choose to be represented by legal counsel; however, the Court may require the civil claimant’s appearance as a witness. As mentioned above, you have the right to a licensed Greek lawyer at any stage of the procedure, as they are responsible for the trial, pre-trial and post-trial procedures. During trial, you can have up to three lawyers, which in pre-trial stages is limited to two lawyers. Lawyers are organised in local bars. There is a bar for each large city, with the largest one being the Athens Bar Association. If a defendant chooses not to attend the trial, which is possible, they will be represented by their lawyer. A lawyer can both call and cross-examine witnesses. During trial, the prosecutor and the judges will question the witnesses (Martiras - μάρτυρας) and experts. When initial questioing concludes, the victims and experts are then examined by the victim’s lawyer, and lastly by your lawyer(s). When specialized knowledge is needed to accurately determine a particular fact, the investigating authorities or the Court may commission an expert opinion, either on their own initiative or at the request of a party involved or the prosecutor. During both preliminary and main proceedings, witnesses are summoned in writing. The subpoena must be delivered to the witness at least 24 hours before the preliminary proceedings and at least 15 days before the trial. If the witness resides abroad or their location is unknown, the notification period may extend to 60 days. Witnesses are generally required to take either a religious or civil oath, with some exceptions. If a witness who has been lawfully summoned fails to appear for questioning, a peremptory writ may be issued against them. Witnesses summoned by a prosecutor, investigating judge, or magistrate may also face a fine and be held responsible for judicial costs. However, if a witness later appears voluntarily and proves that their failure to attend was due to legal restraint, any penalties previously imposed for non-appearance may be revoked. For hearings, if witnesses or experts fail to appear, they may be fined based on the Court’s decision and could also be required to cover judicial costs. Should the absence of the witness or expert result in a postponement of the hearing, the Court may impose additional costs caused by the delay. Furthermore, the Court may apply a penalty for disobedience and issue a peremptory writ to ensure their appearance. In Greece, an investigative judge (anakritis) is tasked with conducting the investigation process and preparing the case for trial. Once this phase is complete, the case is transferred to a separate judge (dikastis), who takes charge of conducting the trial and hearing the case. This approach differs significantly from common law systems, where the trial is structured as an adversarial process between the prosecution and the defense, each presenting their own version of events. In such systems, the judge remains a neutral arbiter, overseeing the proceedings without participating in the investigation of the case. As mentioned before, juries have a very limited role in criminal cases, as only specific serious felonies are heard by a mixed court composed of three professional judges and four randomly selected jurors. In such cases, judges and jurors deliberate jointly, with decisions being determined by majority vote. In the event of a tie, the outcome is resolved in favor of the defendant. In Greece, you are considered a victim if you have suffered damage, such as injury or damage to or theft of your property, resulting from an act that is classified as a criminal offense under Greek law. As a victim, you are entitled to specific rights provided by law, which apply before, during, and after the trial. Victims will often be called as witnesses in criminal proceedings. When the alleged offense results in damages to the victim, the criminal court has the authority to order that damages should be paid to the victim, eliminating the need for a separate civil court case. As a result, victims often choose to actively participate in the trial, albeit in a limited capacity, though they are not obligated to do so. For instance, victims are entitled to appoint a lawyer to represent their interests during the trial and are granted certain rights to appeal. |
| SENTENCING | After closing arguments have been done, the Court withdraws to privately deliberate on the question of the defendant’s guilt and announces its verdict publicly. If the defendant is found guilty, the Public Prosecutor proposes a sentence, and the Court considers submissions from the defendant and their legal counsel regarding the matter. The Court then deliberates once more in private and publicly delivers its decision on the sentence. |
| APPEALS | The defendant has the right to file an appeal against an indicting decision issued by the Judicial Council in cases involving serious crimes (felonies), but only on specific procedural or legal grounds, as outlined in Article 478 GCCP. This appeal must be filed within ten days of the decision being served. Similarly, the Public Prosecutor of the Court of Appeal has the authority to appeal any decision of the Judicial Council, whether in favor of or against the defendant, within a one-month period, as specified in Article 479 GCCP. All such appeals are reviewed by the Judicial Council of the Court of Appeal. This appellate Judicial Council, consisting of three members, deliberates in private after considering a reasoned written recommendation from the Public Prosecutor. The judicial council with the Court of Appeal has the authority to annul, modify, or uphold the original decision.
In Greek criminal law, defendants possess the right to legal representation during the appeals process. This right ensures that individuals can effectively challenge convictions or sentences with professional legal assistance. Defendants may file an appeal personally or through their lawyer with the court secretary, and in certain cases, they may also file an appeal at the Greek consulate in their place of residence. If your lawyer was assigned through legal aid by the President of the Court and you wish to change lawyer, you must submit an application to the President of the Court. The President will then decide whether a change of lawyer is justified. In your application, you need to provide valid reasons for requesting the change. If you appointed your lawyer privately, you only have to inform your current lawyer of your decision to change representation and appoint a new lawyer. Should you have complaints about your lawyer’s conduct, you can file a formal complaint with the local bar association where the lawyer is registered. If a defendant is convinced that the final decision convicting them violates the law, they can apply to have the decision quashed. The primary grounds for appeal include: 1. errors in law, based on the incorrect application or interpretation of the law by the trial court; 2. Errors in fact, if the trial court has made factual errors; 3. Procedural irregularities, based on violations of procedural rules that have affected the fairness of the trial; and 4. Absolute nullities of acts, such as in the case of violations of the principle of ne bis in idem. Greece’s compliance with the European Convention on Human Rights allows individuals to seek redress for Human Rights violations during criminal proceedings. |
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
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- Anagnostopoulos, *Greece, ne bis in idem*, 2002, consulted via [3](https://shs.cairn.info/revue-internationale-de-droit-penal-2002-3-page-965?lang=fr).
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- Fair Trials International, *Criminal Proceedings and Defence Rights in Greece*, 2011, consulted via [10](https://www.fairtrials.org/app/uploads/2022/01/Greece-advice-note.pdf).
- Greek Council for Refugees, *Place of Detention: Greece*, *Asylum Information Database* and *European Council on Refugees and Exiles*, 2024, consulted via [11](https://asylumineurope.org/reports/country/greece/detention-asylum-seekers/detention-conditions/place-detention).
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- KBVL, *Doing Business in Greece: A Comparative Guide*, 2022, consulted via [13](https://www2.deloitte.com/content/dam/Deloitte/global/Documents/Legal/dttl-legal-doing-business-in-greece.pdf).
- M. Panezi, *A Description of the Structure of the Hellenic Republic, the Greek Legal System, and Legal Research*, Globalex NYU Law, 2006, consulted via [14](https://www.nyulawglobal.org/globalex/greece.html).
- M. Skagkou, *Criminal Detention in the EU Conditions and Monitoring: Update of FRA’s Criminal Detention Database (FRANET)*, *European Union Agency for Fundamental Rights*, 2021, consulted via [15](https://fra.europa.eu/sites/default/files/fra_uploads/greece-criminal-detention-2022-country-study_en.pdf).
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- N. K. Koulouris and W. Aloskofis, *Prison Conditions in Greece*, *European Prison Observatory: Detention Conditions in the European Union*, 2013, consulted via [17](https://www.prisonobservatory.org/upload/PrisonconditionsGreece.pdf).
- Open Society Justice Initiative, *Legal Aid in Greece*, 2015, consulted via [18](https://www.justiceinitiative.org/uploads/997f9adc-0614-4ed3-a027-cefe721007bc/eu-legal-aid-greece-20150427.pdf).
- Refugee Support Aegean (RSA), *Immigration Detention in Greece in 2023*, 2024, consulted via [19](https://rsaegean.org/en/immigration-detention-in-greece-in-2023).
- The Foundation of the International Association of Defense Counsel, *Survey of International Litigation Procedures: A Reference Guide for Greece*, consulted via [20](https://www.iadclaw.org/assets/1/7/SILP_Greece.pdf).
