Greece - Revision history

IBJadmin at 09:08, 6 May 2025

2025-05-06T09:08:09Z

← Older revision		Revision as of 11:08, 6 May 2025
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	{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"		{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for ~~Andorra~~ </h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for Greece </h2>
	* The Constitution of Greece <ref>https://www.hellenicparliament.gr/UserFiles/f3c70a23-7696-49db-9148-f24dce6a27c8/THE%20CONSTITUTION%20OF%20GREECE.pdf</ref>		* The Constitution of Greece <ref>https://www.hellenicparliament.gr/UserFiles/f3c70a23-7696-49db-9148-f24dce6a27c8/THE%20CONSTITUTION%20OF%20GREECE.pdf</ref>

IBJadmin: /* Resources */

2025-03-03T10:46:22Z

Resources

← Older revision		Revision as of 12:46, 3 March 2025
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	==Resources==		==Resources==
			<li>Amnesty International, Greece: Torture and Ill-treatment, 1992, consulted via [https://www.amnesty.org/en/wp-content/uploads/2021/06/eur250061992en.pdf](https://www.amnesty.org/en/wp-content/uploads/2021/06/eur250061992en.pdf).
			<li>Anagnostopoulos Criminal Law & Litigation, Procedure before criminal courts, Greek Law Digest: The Official Guide to Greek Law, 2016, consulted via [https://iag.gr/law/wp-content/uploads/2016/06/Greek-law-Digest-Offprint_Anagnostopoulos-Criminal-Law-Litigation.pdf](https://iag.gr/law/wp-content/uploads/2016/06/Greek-law-Digest-Offprint_Anagnostopoulos-Criminal-Law-Litigation.pdf).
			<li> Anagnostopoulos, Greece, ne bis in idem, 2002, consulted via [https://shs.cairn.info/revue-internationale-de-droit-penal-2002-3-page-965?lang=fr](https://shs.cairn.info/revue-internationale-de-droit-penal-2002-3-page-965?lang=fr).
			<li> A. Kaissis, Exclusion of illegally obtained evidence in Greek civil and penal proceedings - an outline, Digesta, 2015, consulted via [http://www.digestaonline.gr/pdfs/Digesta%202015/kaissis.pdf](http://www.digestaonline.gr/pdfs/Digesta%202015/kaissis.pdf).
			<li> Baker & McKenzie, Greece: Domestic Violence Legislation, in Fighting Domestic Violence: Pro Bono Initiative Europe, 2021, consulted via [https://resourcehub.bakermckenzie.com/en/resources/fighting-domestic-violence/europe/greece/topics/7-endnotes](https://resourcehub.bakermckenzie.com/en/resources/fighting-domestic-violence/europe/greece/topics/7-endnotes).
			<li> Centre of European Constitutional Law, The Practice of Pre-Trial Detention in Greece: Research Report, 2015, consulted via [https://www.fairtrials.org/app/uploads/2022/01/The-Practice-of-pre-trial-detention-in-Greece.pdf](https://www.fairtrials.org/app/uploads/2022/01/The-Practice-of-pre-trial-detention-in-Greece.pdf).
			<li> Committee on Legal Affairs and Human Rights, Europe: A Death Penalty-Free Continent, 1999, consulted via [https://assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewHTML.asp?FileID=8677&lang=EN](https://assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewHTML.asp?FileID=8677&lang=EN).
			<li> E. Ambatzi, E. Pouli, and C. Papacostopoulos, Evidence in the Greek Civil, Criminal and Administrative Law, Greek Law Digest, 2019, consulted via [http://www.greeklawdigest.gr/topics/judicial-system/item/308-evidence-in-the-greek-civil-criminal-administrative-law](http://www.greeklawdigest.gr/topics/judicial-system/item/308-evidence-in-the-greek-civil-criminal-administrative-law).
			<li> E. Ampatzi, Evidence in the Greek Civil, Criminal & Administrative Law, CPA Law, 2018, consulted via [https://www.cpalaw.gr/en/insights/articles/2018/12/evidence-in-the-greek-civil-criminal-administrative-law](https://www.cpalaw.gr/en/insights/articles/2018/12/evidence-in-the-greek-civil-criminal-administrative-law).
			<li> Fair Trials International, Criminal Proceedings and Defence Rights in Greece, 2011, consulted via [https://www.fairtrials.org/app/uploads/2022/01/Greece-advice-note.pdf](https://www.fairtrials.org/app/uploads/2022/01/Greece-advice-note.pdf).
			<li> Greek Council for Refugees, Place of Detention: Greece, Asylum Information Database and European Council on Refugees and Exiles, 2024, consulted via [https://asylumineurope.org/reports/country/greece/detention-asylum-seekers/detention-conditions/place-detention](https://asylumineurope.org/reports/country/greece/detention-asylum-seekers/detention-conditions/place-detention).
			<li> Greek National Commission for Human Rights, Rights of People with Psychiatric Background: Protection Issues within the Framework of Psychiatric Reform in Greece, consulted via [https://www.nchr.gr/images/English_Site/YGEIA/mental_health_en.pdf](https://www.nchr.gr/images/English_Site/YGEIA/mental_health_en.pdf).
			<li> KBVL, Doing Business in Greece: A Comparative Guide, 2022, consulted via [https://www2.deloitte.com/content/dam/Deloitte/global/Documents/Legal/dttl-legal-doing-business-in-greece.pdf](https://www2.deloitte.com/content/dam/Deloitte/global/Documents/Legal/dttl-legal-doing-business-in-greece.pdf).
			<li> M. Panezi, A Description of the Structure of the Hellenic Republic, the Greek Legal System, and Legal Research, Globalex NYU Law, 2006, consulted via [https://www.nyulawglobal.org/globalex/greece.html](https://www.nyulawglobal.org/globalex/greece.html).
			<li> 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 [https://fra.europa.eu/sites/default/files/fra_uploads/greece-criminal-detention-2022-country-study_en.pdf](https://fra.europa.eu/sites/default/files/fra_uploads/greece-criminal-detention-2022-country-study_en.pdf).
			<li> Ministry of Foreign Affairs, History, consulted via [https://www.mfa.gr/usa/en/about-greece/history-and-culture/history.html](https://www.mfa.gr/usa/en/about-greece/history-and-culture/history.html).
			<li> N. K. Koulouris and W. Aloskofis, Prison Conditions in Greece, European Prison Observatory: Detention Conditions in the European Union, 2013, consulted via [https://www.prisonobservatory.org/upload/PrisonconditionsGreece.pdf](https://www.prisonobservatory.org/upload/PrisonconditionsGreece.pdf).
			<li> Open Society Justice Initiative, Legal Aid in Greece, 2015, consulted via [https://www.justiceinitiative.org/uploads/997f9adc-0614-4ed3-a027-cefe721007bc/eu-legal-aid-greece-20150427.pdf](https://www.justiceinitiative.org/uploads/997f9adc-0614-4ed3-a027-cefe721007bc/eu-legal-aid-greece-20150427.pdf).
			<li> Refugee Support Aegean (RSA), Immigration Detention in Greece in 2023, 2024, consulted via [https://rsaegean.org/en/immigration-detention-in-greece-in-2023](https://rsaegean.org/en/immigration-detention-in-greece-in-2023).
			<li> The Foundation of the International Association of Defense Counsel, Survey of International Litigation Procedures: A Reference Guide for Greece, consulted via [https://www.iadclaw.org/assets/1/7/SILP_Greece.pdf](https://www.iadclaw.org/assets/1/7/SILP_Greece.pdf).

IBJadmin: /* Pre-Trial Procedure */

2025-03-03T10:24:00Z

Pre-Trial Procedure

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 ==Pre-Trial Procedure==
-'''Police procedures'''
+'''POLICE PROCEDURES'''
 <br>

IBJadmin: /* Court Procedures */

2025-02-28T16:20:47Z

Court Procedures

← Older revision		Revision as of 18:20, 28 February 2025
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	<br>		<br>

			==Court Procedures==
	==Court Procedures==		==Court Procedures==

	<li>'''~~Pre~~-Trial:'''		<table border="1">
			<tr>
			<td>'''PRE-TRIAL'''</td>
			<td><li>'''Charging Instrument'''
			<br>If the Public Prosecutor decides to initiate prosecution for a misdemeanour offense (or is directed to do so), they refer the case to the Misdemeanour Court for trial by issuing a Writ of Summons. This document, served on the defendant, includes details such as the accusation, trial date, the court where the defendant must appear, the witnesses to be called, and the evidence the Public Prosecutor will present. In the case of foreign defendants, the summons is also provided with a translation into a language they can understand.
			<br><br>Generally, serious offenses (felonies) are referred to trial by a decision made by the Judicial Council of the First Instance Court or the Court of Appeal. However, certain types of crimes, such as tax offenses, robbery, and drug trafficking, are directly referred to trial by the Public Prosecutor with the Court of Appeal. The Prosecutor of the First Instance Court is responsible for handling the case through the completion of the main investigation and then forwards the case file to the Prosecutor of the Court of Appeal. Once the investigation is completed and the case file is sent to the Prosecutor at the Court of Appeal, they decide whether to refer the case to trial. If they choose to proceed, they issue a Writ of Summons, but only after obtaining written consent from a Judge at the Court of Appeal. There is no legal recourse available against the Prosecutor’s Writ of Summons issued in the Court of Appeal.
			<li>'''Preliminary Inquiry'''
			<br>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.</td>
			</tr>
			<tr>
			<td>'''TRIAL'''</td>
			<td><li> '''Nature of the Trial''':
			<br><u> According to article 93 of the Constitution and article 329 GCCP</u>, all trials must be held in public, and all court rulings must be announced in public, under penalty of nullity. <br>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.<br><br> <li>'''Defendant''':
			<br>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 <u>Article 340(3) GCCP</u>. 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. <br><br><li>'''Lawyers''':
			<br>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.
			<br><br><li>'''Expert Witnesses''':
			<br>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). <br>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.
			<br><br>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. <br>Witnesses are generally required to take either a religious or civil oath, with some exceptions.
			<br><br>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.
			<br><br>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.
			<br><br><li>'''Judges''':
			<br>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.
			<br>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.
			<br><br><li>'''Victims''':
			<br>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. </td>
			</tr>

			<tr>
	<br>		<td>'''SENTENCING'''</td>
	<br>		<td>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.</td>
	<li>'''~~Oral Trial:~~'''		</tr>
			<tr>
			<td>'''APPEALS'''</td>
	<br>		<td>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.
	<li>'''~~Sentencing~~:'''		<br><br><li> '''Right to Counsel:'''
			<br>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.
			<br><br><li> '''Ineffective Assistance of Counsel'''
	<br>		<br>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. <br>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.
	<br>		<br><br><li>'''Other Grounds for Appeal'''
			<br>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.
	<li>'''~~Appeals~~'''		<br><br><li>'''Collateral Remedies (Habeas etc…)'''
	<br>		<br> Greece’s compliance with the European Convention on Human Rights allows individuals to seek redress for Human Rights violations during criminal proceedings.
			</td>
			</tr>
			</table>

IBJadmin: /* Rights in Prison */

2025-02-28T15:29:21Z

Rights in Prison

← Older revision		Revision as of 17:29, 28 February 2025
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	<br>Many small cells (9,5 m2) house four or five individuals, severely compromising privacy, while <u>article 21 of the Greek Penitentiary Code 2776/1999</u> 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.		<br>Many small cells (9,5 m2) house four or five individuals, severely compromising privacy, while <u>article 21 of the Greek Penitentiary Code 2776/1999</u> 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.
	<br>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.		<br>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.
	bv 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.		<br>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.		<br>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. <br>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.		<br>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. <br>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.


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	<br>		<br>

	<li>'''~~Right to Medical Care in Prison~~:'''		<li>'''Immigrant detention:'''
			<br><u>As stipulated in Article 51(1) of the Asylum Code</u>, asylum seekers may be held in detention facilities as outlined in <u>Article 31 of Law 3907/2011</u>. 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.
			<br>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.


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	<br>		<br>
	<li>'''Right to Mental Health Care:'''		<li>'''Right to Mental Health Care:'''
			<br>In Greece, the right to mental healthcare for prisoners is primarily established under the <u>Penitentiary Code (Law 2776/1999)</u>.
			<br><u>Article 27</u> 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. <u> Law 1397/1983</u> 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 <u> Laws 2071/1992, 2519/1997, and 2716/1999</u>, with additional provisions found in the Civil and Penal Codes.
	<br>		<br>
	<br>		<br>
	<li>'''Restriction of rights:'''		<li>'''Restriction of rights:'''
			<br> <u>Articles 4-6 of the Penitentiary Code</u> 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.
			<br> 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.
			<br>
	<br>		<br>
	<li>'''Rights of Special Populations:'''		<li>'''Rights of Special Populations:'''

	<ul><li>''Women'':		<ul><li>''Women'':
			As outlined in <u>Article 13 of the Greek Penitentiary Code</u>, 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.
			<br> 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.
	<li>~~''Juveniles:''~~		<br><br>

	==Resources==		==Resources==

IBJadmin: /* Rights in Prison */

2025-02-28T11:05:48Z

Rights in Prison

← Older revision		Revision as of 13:05, 28 February 2025
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	<li>'''Right to Humane Conditions of Confinement:'''		<li>'''Right to Humane Conditions of Confinement:'''
			<br>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.
			<br>Many small cells (9,5 m2) house four or five individuals, severely compromising privacy, while <u>article 21 of the Greek Penitentiary Code 2776/1999</u> 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.
			<br>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.
			bv 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.



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	<li>''Juveniles:''		<li>''Juveniles:''




	==Resources==		==Resources==

IBJadmin: /* Means of Protecting and Enforcing Rights */

2025-02-28T10:55:11Z

Means of Protecting and Enforcing Rights

← Older revision		Revision as of 12:55, 28 February 2025
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	'''Exclusionary Rule or Nullity of Procedure'''		'''Exclusionary Rule or Nullity of Procedure'''

	<br>See mentioned above.		<br>See mentioned above.
	<br>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.		<br>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.

IBJadmin: /* Means of Protecting and Enforcing Rights */

2025-02-28T10:54:45Z

Means of Protecting and Enforcing Rights

← Older revision		Revision as of 12:54, 28 February 2025
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	==Means of Protecting and Enforcing Rights==		==Means of Protecting and Enforcing Rights==

	'''Exclusionary Rule~~:'''~~		'''Exclusionary Rule or Nullity of Procedure'''



	~~'''~~Nullity of Procedure:'''


			<br>See mentioned above.
			<br>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.

	<br>		<br>
	<br>		<br>
	'''Civil Actions:'''		'''Civil Actions:'''
	<br>		<br> 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.


			<br>
			'''Motions'''
			<br>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. <u>Article 171 GCCP</u> outlines the nullities of criminal proceedings, specifying the conditions under which procedural acts may be deemed void. <br><u>Article 173 GCCP</u> details the procedure for raising objections during the trial, including the appropriate timing and manner for submitting such motions. <u>Article 176 GCCP</u> specifies the process for appealing decisions related to objections, outlining the rights of parties to challenge adverse rulings.

	~~<br>~~
	~~<br>~~
	==Pre-Trial Procedure==		==Pre-Trial Procedure==

IBJadmin: /* Rights of the Accused */

2025-02-28T10:47:27Z

Rights of the Accused

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	<br><u>Under article 282, § 3 of the GCCP</u>, 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 (<u>Article 282 and 287, § 2 GCCP</u>). It is explicitly forbidden to exceed these maximum timeframes by consecutively applying pre-trial detention to seperate acts within the same case (<u>Article 6, § 4 of the Constitution</u>). </ul>		<br><u>Under article 282, § 3 of the GCCP</u>, 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 (<u>Article 282 and 287, § 2 GCCP</u>). It is explicitly forbidden to exceed these maximum timeframes by consecutively applying pre-trial detention to seperate acts within the same case (<u>Article 6, § 4 of the Constitution</u>). </ul>
	<br>		<br>
	~~<br>~~
	<li>'''Right Not to be Tortured or Ill-Treated:'''		<li>'''Right Not to be Tortured or Ill-Treated:'''
	Despite a history of systematic torture of political prisoners, the torture or ill-treatment of people in detention by law enforcement officials, Article 7, § 2 of the Greek Constitution specifically states: “''Torture and any kind of bodily ill-treatment, injury to health, or the use of psychological pressure or any other offence against human dignity are prohibited and shall be punished according to the law.''” <br>		Despite a history of systematic torture of political prisoners, the torture or ill-treatment of people in detention by law enforcement officials, Article 7, § 2 of the Greek Constitution specifically states: “''Torture and any kind of bodily ill-treatment, injury to health, or the use of psychological pressure or any other offence against human dignity are prohibited and shall be punished according to the law.''” <br>

IBJadmin: /* Rights of the Accused */

2025-02-26T11:37:34Z

Rights of the Accused

Show changes

← Older revision		Revision as of 12:46, 3 March 2025
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	==Resources==		==Resources==
			<li>Amnesty International, Greece: Torture and Ill-treatment, 1992, consulted via [https://www.amnesty.org/en/wp-content/uploads/2021/06/eur250061992en.pdf](https://www.amnesty.org/en/wp-content/uploads/2021/06/eur250061992en.pdf).
			<li>Anagnostopoulos Criminal Law & Litigation, Procedure before criminal courts, Greek Law Digest: The Official Guide to Greek Law, 2016, consulted via [https://iag.gr/law/wp-content/uploads/2016/06/Greek-law-Digest-Offprint_Anagnostopoulos-Criminal-Law-Litigation.pdf](https://iag.gr/law/wp-content/uploads/2016/06/Greek-law-Digest-Offprint_Anagnostopoulos-Criminal-Law-Litigation.pdf).
			<li> Anagnostopoulos, Greece, ne bis in idem, 2002, consulted via [https://shs.cairn.info/revue-internationale-de-droit-penal-2002-3-page-965?lang=fr](https://shs.cairn.info/revue-internationale-de-droit-penal-2002-3-page-965?lang=fr).
			<li> A. Kaissis, Exclusion of illegally obtained evidence in Greek civil and penal proceedings - an outline, Digesta, 2015, consulted via [http://www.digestaonline.gr/pdfs/Digesta%202015/kaissis.pdf](http://www.digestaonline.gr/pdfs/Digesta%202015/kaissis.pdf).
			<li> Baker & McKenzie, Greece: Domestic Violence Legislation, in Fighting Domestic Violence: Pro Bono Initiative Europe, 2021, consulted via [https://resourcehub.bakermckenzie.com/en/resources/fighting-domestic-violence/europe/greece/topics/7-endnotes](https://resourcehub.bakermckenzie.com/en/resources/fighting-domestic-violence/europe/greece/topics/7-endnotes).
			<li> Centre of European Constitutional Law, The Practice of Pre-Trial Detention in Greece: Research Report, 2015, consulted via [https://www.fairtrials.org/app/uploads/2022/01/The-Practice-of-pre-trial-detention-in-Greece.pdf](https://www.fairtrials.org/app/uploads/2022/01/The-Practice-of-pre-trial-detention-in-Greece.pdf).
			<li> Committee on Legal Affairs and Human Rights, Europe: A Death Penalty-Free Continent, 1999, consulted via [https://assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewHTML.asp?FileID=8677&lang=EN](https://assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewHTML.asp?FileID=8677&lang=EN).
			<li> E. Ambatzi, E. Pouli, and C. Papacostopoulos, Evidence in the Greek Civil, Criminal and Administrative Law, Greek Law Digest, 2019, consulted via [http://www.greeklawdigest.gr/topics/judicial-system/item/308-evidence-in-the-greek-civil-criminal-administrative-law](http://www.greeklawdigest.gr/topics/judicial-system/item/308-evidence-in-the-greek-civil-criminal-administrative-law).
			<li> E. Ampatzi, Evidence in the Greek Civil, Criminal & Administrative Law, CPA Law, 2018, consulted via [https://www.cpalaw.gr/en/insights/articles/2018/12/evidence-in-the-greek-civil-criminal-administrative-law](https://www.cpalaw.gr/en/insights/articles/2018/12/evidence-in-the-greek-civil-criminal-administrative-law).
			<li> Fair Trials International, Criminal Proceedings and Defence Rights in Greece, 2011, consulted via [https://www.fairtrials.org/app/uploads/2022/01/Greece-advice-note.pdf](https://www.fairtrials.org/app/uploads/2022/01/Greece-advice-note.pdf).
			<li> Greek Council for Refugees, Place of Detention: Greece, Asylum Information Database and European Council on Refugees and Exiles, 2024, consulted via [https://asylumineurope.org/reports/country/greece/detention-asylum-seekers/detention-conditions/place-detention](https://asylumineurope.org/reports/country/greece/detention-asylum-seekers/detention-conditions/place-detention).
			<li> Greek National Commission for Human Rights, Rights of People with Psychiatric Background: Protection Issues within the Framework of Psychiatric Reform in Greece, consulted via [https://www.nchr.gr/images/English_Site/YGEIA/mental_health_en.pdf](https://www.nchr.gr/images/English_Site/YGEIA/mental_health_en.pdf).
			<li> KBVL, Doing Business in Greece: A Comparative Guide, 2022, consulted via [https://www2.deloitte.com/content/dam/Deloitte/global/Documents/Legal/dttl-legal-doing-business-in-greece.pdf](https://www2.deloitte.com/content/dam/Deloitte/global/Documents/Legal/dttl-legal-doing-business-in-greece.pdf).
			<li> M. Panezi, A Description of the Structure of the Hellenic Republic, the Greek Legal System, and Legal Research, Globalex NYU Law, 2006, consulted via [https://www.nyulawglobal.org/globalex/greece.html](https://www.nyulawglobal.org/globalex/greece.html).
			<li> 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 [https://fra.europa.eu/sites/default/files/fra_uploads/greece-criminal-detention-2022-country-study_en.pdf](https://fra.europa.eu/sites/default/files/fra_uploads/greece-criminal-detention-2022-country-study_en.pdf).
			<li> Ministry of Foreign Affairs, History, consulted via [https://www.mfa.gr/usa/en/about-greece/history-and-culture/history.html](https://www.mfa.gr/usa/en/about-greece/history-and-culture/history.html).
			<li> N. K. Koulouris and W. Aloskofis, Prison Conditions in Greece, European Prison Observatory: Detention Conditions in the European Union, 2013, consulted via [https://www.prisonobservatory.org/upload/PrisonconditionsGreece.pdf](https://www.prisonobservatory.org/upload/PrisonconditionsGreece.pdf).
			<li> Open Society Justice Initiative, Legal Aid in Greece, 2015, consulted via [https://www.justiceinitiative.org/uploads/997f9adc-0614-4ed3-a027-cefe721007bc/eu-legal-aid-greece-20150427.pdf](https://www.justiceinitiative.org/uploads/997f9adc-0614-4ed3-a027-cefe721007bc/eu-legal-aid-greece-20150427.pdf).
			<li> Refugee Support Aegean (RSA), Immigration Detention in Greece in 2023, 2024, consulted via [https://rsaegean.org/en/immigration-detention-in-greece-in-2023](https://rsaegean.org/en/immigration-detention-in-greece-in-2023).
			<li> The Foundation of the International Association of Defense Counsel, Survey of International Litigation Procedures: A Reference Guide for Greece, consulted via [https://www.iadclaw.org/assets/1/7/SILP_Greece.pdf](https://www.iadclaw.org/assets/1/7/SILP_Greece.pdf).