Law, article and paragraph that guarantees it:
Law 4478/2017 (as in force), Article 56
1. The police or other competent authority shall take appropriate measures to help the victim to understand and be understood, from the first contact and in any further necessary communication, in the criminal proceedings, and to understand the information provided by these authorities.
2. In all communications with the victim, the Police or other competent authority shall use simple and understandable language, verbal or written. Such communications shall take into account the personal characteristics of the victim, in particular, his or her age, maturity, intellectual and mental capacities, level of education, linguistic competence, any hearing or visual impairment or disability, as well as his or her strong emotional state, which may affect his or her ability to understand or be understood. For this purpose, a guide to rights is available in the most commonly spoken languages, as well as in Braille.
3. At the first contact with the Police or other competent authority, the victim may be accompanied by a person of his or her choice when, due to the impact of the crime, the victim needs help to understand or to be understood, unless this is contrary to the victim’s interests or prejudicial to the course of the proceedings or the person is involved in the criminal act under investigation.
Law, article and paragraph that guarantees it:
Law 4478/2017 (as in force), Article 62
1. General support and victim care services provide at least:
(a) information, advice and support on the exercise of the victim’s rights, including the possibility of claiming compensation for the damage suffered as a result of the offence, and on how to participate in the criminal proceedings, either as a civil claimant or as a witness,
(b) information on existing relevant specialist support services or direct referral to them,
(c) emotional and psychological support; (d) advice on financial and practical issues arising from crime; (e) advice on the risk and prevention of secondary and recurrent victimisation, intimidation and retaliation, unless otherwise provided by other public or private services.
2. Victim support and care services should pay particular attention to the specific needs of a victim who has suffered significant harm due to the seriousness of the crime.
3. Except where otherwise provided by other public or private services, specialist victim support and care services shall provide at least the following:
(a) Reception centres or other appropriate temporary accommodation for a victim who needs a safe place to stay due to an imminent risk of secondary and repeated victimisation, intimidation and retaliation,
(b) targeted and comprehensive support for the victim with special needs, such as the victim of racist violence, sexual violence, violence based on identity or gender identity and violence in close interpersonal relationships, including post-traumatic support and counselling.
Law, article and paragraph that guarantees it:
Law 4478/2017 (as in force), Article 63
1. To protect the victim from secondary and recurrent victimisation and intimidation in the provision of possible restorative justice services, where these are provided for by more specific provisions:
(a) Restorative justice measures are offered by staff trained to recognise the variable impact of the offer on the victim and to assess the victim’s particular needs. The victim is provided with information on where to access independent support and advice. The victim shall decide whether to accept or reject the offer after at least three (3) weeks have elapsed since the offer was proposed to ensure free and informed consent, which may be revoked at any time.
(b) Without prejudice to the competence and functional and personal independence of the competent judicial and prosecutorial authorities, restorative justice procedures shall only be applied if they are in the best interests of the victim and the measures are intended to compensate for the harm suffered by the victim as a result of the commission of the offence and to prevent further harm.
(c) The offender must have identified the essential facts of the case.
(d) The victim shall receive full and objective information on the procedure and the likely outcome of that procedure, as well as on the procedures for monitoring the implementation of any agreement and its results.
(e) The victim is offered support before, during and after participation in any restorative justice process.
(f) A victim who prefers not to meet the offender shall be given the option of indirect mediation or any other appropriate measure unless the competent judicial or prosecutorial authorities consider otherwise.
Any decision to the contrary must be reasoned. In any case, the offender’s lawyer, if any, may put questions to the victim through the mediator.
(g) Conversations in restorative justice proceedings that are not conducted in public shall be confidential and shall not be made public thereafter, unless the parties concerned agree or unless this is required by overriding reasons of public interest in the judgement of the competent judicial or prosecutorial authority.
(h) Any agreement voluntarily entered into by both parties and authenticated by the competent judge or prosecutor with the assistance of a secretary shall have the force of evidence of a public document and may be taken into account at any stage of the criminal proceedings between the same parties.
(i) In the restorative justice process, the victim or the offender may be given more than one hearing, at the request of the victim or offender, so that the process and its results are fully understood.
(j) The victim who took part in the restorative justice measures procedure is informed of the offender’s ability to fulfil the terms of the agreement.
(k) In the restorative justice process, the parties to the dispute shall be provided with information that is beneficial to both parties.
(l) In restorative justice proceedings, both parties to the proceedings may be represented by counsel or in person.
2. Victim support and care services, when restorative justice procedures are appropriate, encourage the victim to visit restorative justice services.
Law, article and paragraph that guarantees it:
Law 4478/2017 (as in force), Article 58
1. Victims receive, on request, a copy of the complaint they have filed. To this end, the competent official who receives the complaint must inform the victims of their right to do so.
2. Victims who do not understand or speak Greek may submit their crime in a language they understand or receive the necessary linguistic assistance, but always under the terms and conditions set out in the Code of Criminal Procedure or other specific criminal laws.
3. Victims who do not understand or do not speak Greek shall, upon request, receive a free translation of the document referred to in paragraph 1 into a language they understand.
Law, article and paragraph that guarantees it:
Law 4478/2017 (as in force), Article 63A
Property seized during the criminal proceedings and deemed to be restituted to the victims shall be returned to them without delay, in accordance with the provisions of the Code of Criminal Procedure.
Law, article and paragraph that guarantees it:
Law 4478/2017 (as in force), Article 57
1. Victims shall, from their first contact with the police or other competent authority, be provided without undue delay, by any possible means, with the following information:
(a) the type of support they may receive and the competent body providing it, including, where appropriate, basic information on access to medical care, any specific support, including psychological assistance and accommodation in hostels,
(b) the terms and conditions of admissibility of the filing of a complaint and the right to make a statement of defence in criminal proceedings,
(c) the procedure and conditions for the granting of protection measures,
(d) the procedure and conditions for the provision of legal aid,
(e) the procedure and conditions for claiming compensation,
(f) the procedure and conditions for the provision of the right to interpretation and translation,
(g) the procedure and conditions under which their rights are exercised if they reside in another Member State,
(h) the existing complaint procedures if their rights are not respected by the competent authority,
(i) contact details, for communication and information purposes, concerning their case,
(j) the existing restorative justice procedures and the authorities responsible for them,
(k) the procedure and conditions for the reimbursement of any expenses incurred in participating in the criminal proceedings.
2. The scope and specificity of the information referred to in paragraph 1 shall vary according to the specific needs and personal situation of the victim and the type or nature of the offence. Each competent authority may further provide additional details at later stages depending on the needs of the victim and the usefulness, at each stage of the procedure, of these details.
Law, article and paragraph that guarantees it:
Law 4478/2017 (as in force), Article 69
1. Victims with special protection needs shall benefit from specific measures, which shall be decided upon after an individual assessment as provided for in Article 68(1). A special measure decided after an individual assessment shall not be applied if it impedes the progress of the criminal proceedings or where there is an urgent need to examine the victim and failure to do so could harm the victim or another person or prejudice the course of the proceedings.
2. During the criminal investigation, victims with special protection needs identified in accordance with paragraph 1 of Article 68 shall have the following measures at their disposal:
(a) the victim is examined in premises designed or adapted for that purpose,
(b) the examination of the victim shall be conducted by pre-trial officers or prosecutors and judicial officers specially trained for this purpose,
(c) any examination of the victim shall be conducted by the same persons, unless this would impede the proper administration of justice,
(d) any examination of victims of sexual violence, gender-based violence or domestic violence, if not conducted by a prosecutor or judge, shall be conducted by a person of the same sex as the victim, if the victim so wishes, provided that the criminal proceedings are not impeded.
3. During the examination as a witness of the minor victim of the acts referred to in Articles 323A par. 4, 323B (a), 324, 336, 337 par. 3 and 4, 338, 339, 342, 343, 345, 346, 348, 348A, 348B, 348C, 349, 351, 351A of the Criminal Code, as well as in Articles 29 par. 5 and 6 and 30 of Law 4251/2014, a specially trained child psychologist or child psychiatrist and, in their absence, a psychologist or psychiatrist, who serves at the Independent Offices for the Protection of Minor Victims or who is included in the list of experts, where these do not operate, shall be appointed and present as an expert, without the provisions of Articles 204 to 208 of the Code of Criminal Procedure being otherwise applicable. The examination as a witness of the juvenile victim shall be carried out compulsorily at the Independent Offices for the Protection of Minor Victims of the Appellate District or, where these do not operate, in premises specially designed and adapted for this purpose, without undue delay and with as limited a number of interviews as possible.
The child psychologist or child psychiatrist shall prepare the juvenile for the examination, in cooperation with the pre-trial officers and judicial officers. For this purpose, it uses appropriate diagnostic methods, decides on the perceptual capacity and mental state of the minor and prepares a written report with its findings, which is an integral part of the case file. The examination of the juvenile shall be carried out by the investigating officers and the judicial officers through the child psychologist or child psychiatrist present. During the examination, the minor may be accompanied by his or her legal representative, unless the investigating judge, by reasoned decision, prohibits the presence of that person for important reasons, in particular in the event of a conflict of interests or the involvement of that person in the act under investigation.
The statement of the minor shall be made in writing and shall also be recorded on an electronic audiovisual medium. The electronic viewing of the minor’s statement replaces the physical presence of the minor at the subsequent stages of the procedure.
The written statement of the minor shall always be read out to the hearing. If the minor has reached the age of eighteen at the time of the hearing, he or she may appear in person.
4. During the examination as a witness of the victim of the acts referred to in Articles 323A and 351 of the Criminal Code, a psychologist or psychiatrist shall be appointed and present as an expert witness, without the provisions of Articles 204 to 208 of the Code of Criminal Procedure being otherwise applicable.
The psychologist or psychiatrist prepares the victim for the examination, cooperating to this end with the preliminary investigation officers and with the prosecution and judicial officers. For this purpose, he/she uses appropriate diagnostic methods, decides on the perceptive capacity and mental state of the victim and prepares a written report with his/her findings, which is an integral part of the case file. The psychiatrist or psychologist shall be present during the examination and the suspect may be accompanied by his or her legal representative, unless the investigating judge prohibits the presence of this person by reasoned decision for an important reason, in particular in the case of a conflict of interests or the involvement of this person in the act under investigation.
The statement of the victim shall be made in writing and shall also be recorded on an electronic audiovisual medium. The electronic viewing of the victim’s statement replaces the physical presence of the victim at the subsequent stages of the procedure.
5. If the victim is deaf or a person with a severe speech impediment, the victim is examined as follows: all questions and any comments are given to the deaf person, after being recorded by the clerk of the hearing or the court, and the answers are given by the deaf person in writing, orally or in sign language. The person with a severe speech impediment is asked questions and comments orally and answers in writing or in sign language. At the hearing, the written answers given by the deaf person or the person with a severe speech impediment, after being initialled by the presiding judge and the clerk, shall be recorded in the minutes and shall accompany the case-file. If the deaf person or person with a severe speech impediment cannot read or write, the person conducting the questioning or conducting the discussion shall appoint one or two interpreters, preferably chosen, if possible, from among persons who are accustomed to communicate with the deaf person or person with a severe speech impediment. In other respects, the provisions relating to interpreters shall be respected, if possible.
6. During the hearing, victims with special protection needs identified in accordance with Article 68(1) of this Regulation shall have the following measures at their disposal:
(a) A victim’s statement given in accordance with paragraph 4 of this Article, made in writing or by means of an electronic audiovisual medium, shall always be read out in court. The prosecutor or the parties may request the presiding judge of the court to examine him/her, if he/she has not been examined during the pretrial proceedings or if supplementary examination is required. If the application is granted, the examination of the victim shall be carried out on the basis of questions clearly set out, without the presence of the parties, in the place where the victim is present, by an investigating officer appointed by the judge who ordered the examination or in a specially arranged room with the use of an electronic audiovisual medium, which replaces the physical presence of the victim in the courtroom, in order to avoid any visual contact between the victim and the offender. Sub-paragraphs 1 and 2 of paragraph 4 of this Article shall also apply in such cases.
(b) The written statement of the child victim given pursuant to paragraph 3 of this Article, made in writing or by means of an electronic audiovisual medium, shall always be read out in court. If the minor has reached the age of eighteen at the time of the hearing, he or she may appear in person if it is considered strictly necessary. The prosecutor or the parties may request the presiding judge of the court to examine the minor if he or she has not been examined during the interrogation or if he or she needs to be further examined. If the application is granted, the examination of the minor shall be conducted on the basis of questions clearly put, without the presence of the parties, in the place where the minor is present, by an investigating officer appointed by the judge who ordered the examination. Sub-paragraphs 1 and 2 of paragraph 3 of this Article shall also apply in such cases.
(c) During the examination, questions about the victim’s private life that are not related to the criminal act shall be avoided.
7. Where the victim is a minor and the beneficiaries of parental authority are excluded from representing him/her due to a conflict of interest between them and the minor or where the minor victim is unaccompanied or lives separately from his/her family, the competent prosecuting or judicial authority, depending on the stage of the criminal proceedings where the case is pending, shall appoint a juvenile probation officer ad litem as the special representative of the minor victim. When the minor victim is entitled to an advocate, according to the provisions of Law 3226/2004, he or she is entitled to legal advice and a legal representative, who acts on his or her behalf, in proceedings where there is or could be a conflict of interest between the minor victim and the beneficiaries of parental responsibility.
8. Where it is uncertain whether the age of the victim is under or over eighteen years, the victim shall be presumed to be a minor for the purposes of this Law.
Law, article and paragraph that guarantees it:
Law 4478/2017 (as in force), Article 67
1. During the criminal proceedings, the competent prosecution, public prosecution and judicial authorities shall apply appropriate measures to protect privacy, taking into account the personal characteristics of the victim, resulting from the individual assessment procedure pursuant to Article 68 of this Law and the image of victims and their family members, and in particular, to prevent the dissemination of any information that may facilitate the identification of child victims or victims in need of special protection.
2. If the publicity of the hearing is harmful to public morals or if there are special reasons to protect the private or family life of the parties, in particular if publicity in a trial of crimes against sexual freedom and economic exploitation of sexual life would cause particular mental suffering or embarrassment to the victim, in particular a minor, the court shall order the trial or part of it to be conducted without publicity. In order to exclude the public, the court, after hearing the prosecutor and the parties, shall give a reasoned decision and pronounce it in open court.
3. The privacy and identity of the victim is protected by all services involved and the processing of personal data is always carried out in accordance with the provisions of Law 2472/1997, as amended or replaced.
4. Total or partial broadcasting by television or radio, as well as filming and recording of the trial before a criminal court is prohibited. Exceptionally, the court may allow such actions if the prosecutor and the parties agree and if there is an essential public interest.
5. Television broadcasting or filming or recording or photographing of victims appearing before prosecutors or police and other authorities is prohibited.
Law, article and paragraph that guarantees it:
Law 4285/2014 (amendment of the Law 927/1979 (Α 139)
1. Any person who intentionally, publicly, orally, through the press, via the internet or by any other means or manner, incites, provokes, stimulates or induces acts or actions that may cause discrimination, hatred or violence against a person or group of persons, identified on the basis of race, colour, religion or descent, national or ethnic origin, sexual orientation, gender identity or disability, in a manner that endangers public order or poses a threat to the life, liberty or physical integrity of the aforementioned persons, shall be punishable by a term of imprisonment of three (3) months to three (3) years and a fine of five to twenty thousand (5,000 – 20,000) euros.
2. The same penalties shall be imposed on anyone who, with intent and by the means and methods referred to in paragraph 1, incites, provokes, stimulates or induces the commission of damage to or destruction of property, if used by the aforementioned groups or persons, in a manner that endangers public order.
3. If the incitement, provocation, stimulation or inducement of the previous paragraphs resulted in the commission of a crime, imprisonment of at least six (6) months and a fine of fifteen to thirty thousand (15,000-30,000) euros shall be imposed.
In case of a prison sentence of at least one (1) year, the deprivation of civil rights is imposed for a period of one to five years.
4. Any person who forms or participates in an organisation or association of persons of any form which systematically seeks to commit the acts referred to in paragraphs 1 and 2 shall be punished with the penalties provided for in paragraph 1, unless the act is punished more severely by another provision.
5. If the act of the preceding paragraphs was committed by a public official or employee, in the exercise of the duties assigned to him/her, the following shall be imposed: (a) in the cases of paragraphs 1 and 2, imprisonment for six (6) months to three (3) years and a fine of ten thousand to twenty-five thousand (10,000 – 25,000) euros; and (b) in the case of paragraph 3, imprisonment for a minimum of one (1) year and a fine of twenty-five thousand to fifty thousand (25,000 – 50,000) euros.
Law, article and paragraph that guarantees it:
Law 4478/2017 (as in force), Article 66
Investigative, prosecuting and judicial authorities shall ensure that, insofar as the effectiveness of the proceedings is not jeopardised:
(a) the examination of victims shall be carried out without undue delay after the report of the offence to the competent authority and with as limited and necessary a number of statements from the victim as possible,
(b) the victims, if they are not accompanied by a lawyer of their choice or by a lawyer of their own motion, may be accompanied by their legal representative or by another natural person of their choice, unless a reasoned decision has been taken to the contrary in respect of one or both of these persons,
(c) medical examinations shall be kept to a minimum and shall be carried out only when strictly necessary for the purposes of the criminal proceedings and to investigate the truth of the accused,
(d) if the victim is a minor, the examiner shall record verbatim in the report and the questions put to the victim.
Law, article and paragraph that guarantees it:
Article 82A of the Criminal Code – Crime with racist characteristics or against a minor or a vulnerable person
If a crime has been committed against a victim who has been selected on the basis of his or her race, colour, national or ethnic origin, descent, religion, disability, sexual orientation, identity or gender characteristics, the sentencing framework shall be as follows:
(a) In the case of a misdemeanour, punishable by imprisonment of up to one (1) year, the minimum sentence shall be increased by six (6) months. In other misdemeanour cases, the minimum limit is increased by one (1) year.
(b) In the case of a felony, the minimum sentence is increased by two (2) years.
Law, article and paragraph that guarantees it:
Joint Ministerial Decision No. ΥΚΟΙΣΟ/32276/2024 (GOVERNMENT GAZETTE 2922/Β/23-5-2024)
The previous relevant Joint Ministerial Decision No. 111847/23-11-2022 “”Regulation of specific issues of the pilot operation of the “”Panic Button” Programme (B’ 6007), in accordance with Article 19 of Law 4995/2022 (A’ 216)”” as follows (among others):
“b. Beneficiaries of the “”Panic Button”” application: adult victims of domestic violence, as defined in par. 3 of Article 1 of Law 3500/2006 (A’ 232), residing in the Greek territory.”.
“”d. Counselled persons: women victims of domestic violence who are referred for support to a Counselling Centre of the Network of Structures of the General Secretariat for Equality and Human Rights (GSEHR).”.
“”3. After the successful completion of the registration process in the application in accordance with Article 7 of this Law, the registered person has the possibility to notify the Attica Directorate of Emergency Response (“”911″”), by selecting the relevant indicator on the screen of his/her mobile phone, in case of an incident of domestic violence, which is associated with an immediate danger or a threat of danger to his/her life or physical integrity. The Attica Directorate of Emergency Response immediately informs the corresponding Service of the relevant Police Directorate throughout the Greek territory. In case there is no Emergency Response Service at the local Police Directorates, the information is sent to the Police Department of the relevant Police Directorate.”.
f. Article 4 is replaced by the following:
-“”The Panic Button application is provided to beneficiaries by:
a. The Domestic Violence Offices of the Police Sub-Directorates and the Police Departments where they operate and where they do not operate from all the Police Departments throughout the Greek territory.
b. The Security Sub-Directorates and the Security Departments throughout the Greek territory.
c. The Counselling Centres of the Network of Structures of the General Secretariat for Equality and Human Rights of the Ministry of Social Cohesion and Family.”.
“”1. The competent police authorities, who deal with complaints of domestic violence, inform beneficiaries of the possibility to install the “”Panic Button”” application on their mobile phone, as well as the procedure and conditions of installation and use of the application.
2. In case the beneficiaries wish to register in the application, they are assigned by the authorised employee the unique public url and the numerical code for their login and the execution of the application installation procedure.
-Conditions and procedure for the granting of the application “”Panic Button”” by the Counselling Centres of the Network of Structures of the General Secretariat for Equality and Human Rights.
1. Women victims of domestic violence, who are referred to a Counselling Centre of the Network of Structures of the General Secretariat for the provision of social, psychological and legal support services, are informed by the competent counsellor, if it is assessed that they are at serious risk of violence, about the possibility of being granted the application “”Panic Button””, as well as the procedure and the terms of its installation and use.
2. If the person consulted under par. 1 declares that he/she wishes to register for the application, he/she completes and signs an application form, requesting registration and installation of the application on the mobile phone indicated by him/her. The authorized employee of the Counseling Centre assigns to the person being counseled the unique public url and the numerical code to enter the application and perform the installation procedure on the mobile phone.
3. The completed and signed application form is kept by the counsellor in a separate file from the individual file of the counselled person.
“”1. The registration of the beneficiaries in the application “”Panic Button”” is done through the unique public url generated for this purpose, which is made available to the beneficiaries, together with the numerical code, by the authorized official of the Services of Article 4.
2. To complete the registration in the application, beneficiaries must complete the following fields:
a. Numeric Code.
b. Social Security Number (AMKA).
c. Name and surname.
d. Mobile Phone Number.
e. Residence address and floor.
f. Name written on the doorbell of the residence.
g. History of abuse.
h. Evidence of possession of a weapon by the perpetrator.
i. Proof of the existence of children.
j. Evidence of a history of substance dependence of the perpetrator.
k. Evidence of a history of psychological disorders in the perpetrator. l. Indication of victim’s pregnancy.
Beneficiaries shall also enter any other necessary information that may be requested in the context of fulfilling the purpose of the application.
The process of registration and recording of the required personal data is the responsibility of the beneficiaries, who give their explicit consent to the terms of use of the application.
3. The registration in the application is successfully completed after the identification of the beneficiaries through the social security number (AMKA) they have registered.
4. Successful completion of the registration process includes the storage of the beneficiaries’ personal data on the mobile phone on which the application is installed and in the database referred to in Article 8 of this Regulation.
5. Each time the registered person selects the relevant indication on the screen of his/her mobile phone, the application is activated and an automated text message of the “”sms”” type is sent to the Operations Centre of the Attica Emergency Response Directorate, with the necessary personalized information of the registered person, which is registered as application data on the mobile phone and in the database of Article 8 hereof, as well as a link to his/her geolocation position, as it appears at the time of activation”.
Law, article and paragraph that guarantees it:
Law 4478/2017 (as in force), Article 60
1. At any stage of the criminal proceedings, when a victim who does not speak or does not sufficiently understand Greek is to be examined, he or she shall be provided with free interpretation without delay. Where necessary, interpretation shall be provided for communication between the victim who has filed a civil action and his or her lawyer at all stages of the criminal proceedings. The right to interpretation referred to in the above paragraphs includes appropriate assistance to persons with hearing or speech impairments. If interpretation is otherwise impossible, interpretation of the interpretation through a third language may take place.
2. If necessary, communications technology such as videoconferencing, telephone or the Internet may be used, unless the personal presence of the interpreter is deemed necessary by the examiner.
3. A victim who does not understand or speak Greek is provided with the information within a reasonable period of time and if he/she has requested it in writing:
(a) a written translation of information essential for the exercise of his/her rights during the criminal proceedings, in a language he/she understands, free of charge and to the extent that this information is made available to victims in Greek,
(b) a written translation in a language he/she understands of the information and documents referred to in paragraph 1 of Article 59 of this Law.
4. A victim who has entered a plea and does not understand the language of the criminal proceedings shall be provided within a reasonable period of time with a written translation of all essential documents or passages of documents of the proceedings which are essential for the exercise of his or her rights in the criminal proceedings. A victim who has entered a plea or his or her designated representative may submit a reasoned request for the designation of documents or passages of documents as essential. There is no requirement to translate passages of essential documents which do not contribute to the active participation of victims in the criminal proceedings.
5. In cases of extreme urgency, the written translation may be replaced by an oral translation or oral summary of the content of the essential documents, provided that such oral translation or oral summary does not prejudice the conduct of a fair trial.
6. The victim who has filed a civil action or his or her designated representative may object to a decision finding that no translation of documents or passages of documents is required or where the quality of the translation is insufficient. Objections are decided by the Public Prosecutor during the pre-trial stage, by the Judicial Council during the main hearing and by the Court during the main proceedings.
7. The victim has the right to waive the right to translation of documents, provided that he or she has previously consulted a lawyer or is otherwise fully aware of the consequences of the waiver. The waiver must be the product of the person’s free will and must not contain any condition or conditionality.
8. At each stage of the criminal proceedings, the competent investigative, prosecutorial, or judicial authority ascertains by all appropriate means whether the victim speaks and understands the Greek language adequately and whether he or she needs the assistance of an interpreter. The victim has the right to object to the decision that interpretation is not necessary or when the quality of the interpretation is not sufficient. Objections are decided by the Public Prosecutor during the pre-trial stage, by the Judicial Council during the main hearing and by the Court during the main proceedings.
9. Interpretation and translation, as well as any review of a challenge to a decision not to provide interpretation or translation under this Article, shall not unduly delay the criminal proceedings.
10. The provisions of paragraphs 2 and 3 of Article 233, Article 234, 235 and 236 of the Code of Criminal Procedure shall apply to the procedure for the appointment of the interpreter, his/her qualifications, his/her disqualifications, his/her obligation to accept his/her duties and his/her oath.
11. When a translation of documents that necessarily requires a long period of work is to be carried out, a deadline is set for the interpreter to deliver the translation. The time limit may be extended and if it expires without action, the interpreter who was appointed is terminated and another one is appointed. The same applies when the person appointed performs his or her duties in an inadequate or negligent manner. Exceptionally, when the victim does not know Greek and it proves difficult to appoint a suitable interpreter, he or she may, during the interrogation, give written testimony in a foreign language. The statement shall be included in the case file together with the translation, which shall be made at a later date in accordance with the above.
12. Where the language is poorly known, an interpreter may exceptionally be appointed to interpret for the interpreter.
13. The examination of the victim at each stage of the criminal proceedings, when it is carried out with the assistance of an interpreter or when an oral translation or summary of key documents is provided, or when the victim waives his or her right to translation, shall be the subject of a report or a specific mention in the report drawn up by the competent body.
Law, article and paragraph that guarantees it:
Law 4478/2017 (as in force), Article 59
1. The victim shall be informed without undue delay of his or her right to receive information, if he or she so requests, concerning the criminal proceedings initiated following his or her report of the offence, in particular concerning:
(a) Any order or judgment deciding not to prosecute or to discontinue the prosecution or not to prosecute the offender, including the reasons or a brief summary of the reasons for that order or judgment, as well as the right to receive information in order to decide whether to request a review of the decision not to prosecute in accordance with the provisions of the Code of Criminal Procedure.
(b) The time and place of the trial and the nature of the charges against the offender.
(c) Information on the progress of the criminal proceedings and the final decision issued, in accordance with the relevant provisions of the Code of Criminal Procedure, if he/she becomes a legal party to the criminal proceedings.
(d) Information on the lifting or replacement of the provisional detention by the competent judicial body. Information on the release or escape of the convicted person or the granting of permission by the competent authorities of the Detention Centre, as well as any measures for his/her protection in the event of the release or escape of the offender. The above information shall be provided, subject to the approval of the prosecuting authority, where there is a potential or established risk of harm to the victim, unless there is an established risk of harm to the offender as a result of the disclosure of such information.
As amended by Par.2 Article 164 CHAPTER A’ Law 4635/2019 with effect from 30/10/2019
See the evolution of the paragraph
2. The information referred to in paragraph 1 may be sent to a personal e-mail address indicated by the victim or delivered to the victim in person or to the victim’s appointed lawyer, if a representation has been indicated.
3. The victim may at any time withdraw his or her request to exercise all or part of his or her rights under this Article, with the exception of the information rights arising from his or her status as a civil claimant.
Law, article and paragraph that guarantees it:
Law 4478/2017 (as in force), Article 68
1. Without prejudice to the provisions on the personal and functional independence of judicial officials, the investigative, prosecuting and judicial authorities before which the case is pending shall inform and refer the victim, upon request, to the Services of Juvenile Probation Officers and Social Welfare of the Ministry of Justice, Transparency and Human Rights, who shall carry out a timely individual assessment of the victim to identify any special protection needs of the victim, in order to assess whether, and to what extent, the victim may benefit from special protection measures during the criminal proceedings, as provided for in Article 69, in order to avoid the risk of secondary and repeated victimisation, intimidation and retaliation.
2. The individual assessment mainly takes into account:
(a) the personal characteristics of the victim, such as age, race, colour, religion, nationality or ethnic origin, sexual orientation, gender identity or characteristics, disability, residence or domicile status, communication difficulties, relationship of kinship or other dependency with the offender, as well as the history of previous victimisation,
(b) the degree of harm suffered by the victim, the type, seriousness and nature of the crime, in particular, terrorism, organised crime, trafficking in human beings, gender-based violence, racist violence, domestic violence, sexual violence or exploitation or hate crime,
(c) the circumstances of the crime.
3. The minor victim is in need of special protection due to a particular risk of suffering secondary and repeated victimization, intimidation and retaliation and for this purpose he/she is subject to an individual assessment according to paragraph 1 of this Article by the Independent Offices for the Protection of Minor Victims “”Children’s Home”” of the Ministry of Justice and where there are none, by the Independent Offices of Juvenile Guardians and Social Assistance, in cooperation with a specialist child psychologist or child psychiatrist of the mental health facilities and, in the absence of such facilities, a psychologist or psychiatrist, and it shall be decided whether and to what extent he or she benefits from the special measures referred to in Article 69. The individual assessment of adult victims is carried out by the Departments of Social Welfare and the Independent Offices of Juvenile Probation Officers and Social Welfare of the above mentioned Service of the Ministry of Justice.
4. The special protection measures provided for in Article 69 shall be taken with the consent of the victim.
5. The individual assessment shall be updated throughout the criminal proceedings if the circumstances on which it was based change substantially.
Law, article and paragraph that guarantees it:
Law 4478/2017 (as in force), Article 64
1. Where the victim resides in a Member State of the European Union other than the one where the offence was committed: (a) he or she shall be called to testify immediately after the offence has been reported; and (b) the provisions of Article 233(1) of the Code of Criminal Procedure on the use of communication technology, such as videoconferencing, telephone or internet, shall apply mutatis mutandis.
2. When the victim resides in Greece and the criminal act committed against him/her was committed in another member state of the European Union, he/she may submit his/her complaint to the Public Prosecutor of the District Court of his/her place of residence, who, if the Greek criminal courts do not have jurisdiction, forwards it without undue delay to the competent judicial authority of the respective member state, through the Public Prosecutor of the Court of Appeal.
3. There is no obligation to transmit the criminal charge to the Member State of the place where the offence was committed, if Greek criminal laws are applicable and criminal proceedings have been initiated. In this case, for information purposes and in order to enhance mutual legal assistance, the Public Prosecutor of the court in which the case is pending shall, without undue delay, inform the competent judicial authority of the Member State in which the offence was committed, through the Public Prosecutor of the Court of Appeal.
Law, article and paragraph that guarantees it:
Law 4478/2017 (as in force), Article 65
1. The victim may request in writing that measures be taken to prevent contact between him or her and, where appropriate, his or her family members and the offender at the premises of the criminal proceedings. The above application shall be decided by the Three-Member Court of Misdemeanours of the place where the criminal proceedings are taking place, at whatever stage they may be, by means of an ex officio procedure.
2. Without prejudice to the provisions of the Code of Criminal Procedure on witnesses, the design of new court buildings should provide for separate waiting areas for victims.
3. Without prejudice to the rights of the defence, the measures provided for in this Act, as well as in specific laws for the protection of victims from secondary and repeated victimisation and intimidation, from the risks of mental, emotional or psychological harm, and for the protection of the dignity of victims during their examination or testimony, as well as procedures for the physical protection of victims, may also be applied for the protection of their relatives.
Law, article and paragraph that guarantees it:
Law 4478/2017 (as in force), Article 61
1. Victims, depending on their needs, are entitled to have access to free and confidential general or specialised support and care services, before, during and, for a reasonable period of time, after the end of the criminal proceedings. This right may also be extended to the victim’s family members, depending on their needs and the seriousness of the harm they have suffered as a result of the criminal act committed against the victim.
2. The Police or other competent authority to which the victim’s complaint was filed informs and refers the victim, at his/her request, to support and care services, depending on his/her needs and the severity of the harm suffered as a result of the crime.
3. Access to victim support and care services herein is not dependent on the reporting of the offence, whether or not the offence is reported.
4. General or special support and care services for victims are provided by the Police and any competent authority, as well as by public bodies such as, in particular, the social services of the Local Authorities of the first and second degree, the mental health facilities for adults, children and adolescents, the public defenders, the Community Centres, the counselling centres of the General Secretariat for Gender Equality, support structures of the National Centre for Social Solidarity, specialised services for juvenile victims, such as the Independent Offices for the Protection of Juvenile Victims of the Office of Juvenile Probation Officers and Social Welfare of the Ministry of Justice, Transparency and Human Rights, where they operate, as well as by legal entities under private law and associations of persons organised on a professional or voluntary basis, depending on the nature of the services.
5. The children of women victims of violations of personal and sexual freedom, economic exploitation of sexual life, domestic violence, human trafficking, trafficking in persons and crimes with racist characteristics shall be entitled to the support and care measures provided for in this Article.
