Which crimes are punishable in Greece
(a non-exclusive list)
We cannot list all possible crimes here, but we want to mention some to give you an idea. In general, as you know it probably from your country of origin all crimes have distinct level of severity (petty offences, to misdemeanour up to felonies), are accordingly handled by different courts and can result under certain circumstances in a sentence of acquittal or be punished with a little monetary fine up to life long prison sentences.
Foreigner specific charges that could lead to court proceedings in Greece are “entering or exiting Greece irregularly”, which is punishable by law. In practice, most of the legal proceedings (courts) refugees are affected with concern the charge of “(attempted) illegal exit of Greece” and/or “use of false documents”.
Law also forbids third persons to “help” a person to irregularly enter/stay/exit the country. Practically this also means that persons supporting someone who is undocumented in Greece (in exchange of money or even without benefit) can face legal charges amongst others for transporting them, housing them or even just giving out food and water. We don’t mention that in order to scare you off seeking help when you lack documents. You can always contact refugee support and human rights NGOs once you are in Greece for advice and aid, but you should be aware about possible limitations or even fear individuals but also organisations face as Greek law in practice has been lately very strict in this matter and a number of people who only wanted to help (without gaining any benefits) have faced legal proceedings for such reasons. In general, refugees as well as all other foreigners and Greeks can face charges and sentences based on criminal law such as amongst others fraud, theft, drug selling, prostitution, arson, extortion, physical harm, kidnapping, smuggling, murder, being a member of a criminal organisation etc.
Be aware that many common forms of survival economies can be punished even though Greece has a large black economy and it is very common practice to work unofficially. One example is street vending without a special permit, another is working in any company without a work contract, health insurance etc. In the latter case both employer and employee can face legal proceedings.
Another important thing to know is that “child neglect” and “child abuse as a form of discipline” are punishable too. In Greece, as in all of Europe, children (under the age of 18) should be taken care of in their “best interest” and protected from any harm to their wellbeing. When professionals such as teachers, social workers, psychologists or others involved with children in daily life observe that a child does not receive enough food, attention, proper clothing, health care, love, is not sent to school or is exposed to dangers due to the (mental or physical) absence of its parent(s), they have the obligation to further investigate if the parents are adequately taking care of their child/ren. In the worst case, this may result in the temporary extraction of the cild/ren from the family and a placement in a public care shelter until the parent(s) can prove to be able to take proper care of the child again.
Lastly, where child custody is shared, both parents have to inform each other and agree for any change of the child’s country of permanent residence as well as for traveling abroad. If one parent is considered to have disappeared together with the child/ren without consent from the other parent, this can be punished by law. This is why you should seek the other parent’s written consent or when this is not possible an official document proving sole custody before traveling out of Greece.
What I maybe don’t know about when law protects me from crimes?
Any form of discrimination, racism, sexism and hate crimes are forbidden in Greece. That means, if you are insulted, attacked or mistreated in any form because of your origin, culture or gender, you can report this as a crime.
Any form of forced labour, work exploitation or work with a payment in the form of food or housing (instead of money) is illegal. It is also illegal for an employer not to hire a woman because she is pregnant or a mother. Also, an employer cannot terminate a contract of a pregnant woman while working and for 18 months after she gives birth.
Offering or promising you a shelter (in a house or flat), food or other basic needs items or free transportation to another country in exchange of sexual services / a sexual relationship is not permitted but can be punishable according to law as coercion, exploitation or other charges.
If you have come to Greece with the help of an individual or group that brought you for less or no money in exchange of a future payback through work or even prostitution you are a survivor of work or sex trafficking. These forms of exploitation are forbidden and punishable. You may seek specialised help here: National Human Trafficking Resource Line 1109.
Stalking and internet crime, sexual harassment (this includes any unfair treatment in response to you rejecting or resisting an unwelcome verbal, nonverbal or physical act of a sexual nature.), threats, assault, violence, or any forced sexual act (i.e. rape) from any men (including your husband/partner) is a criminal offence.
In marriage, abuse is also when a husband leaves their wife with no money for essentials such as food and clothing or doesn’t give them access to their own bank accounts, or withholds her legal document and passport without her consent.
The use of violence is prohibited by law also within the family. Parents are not allowed to use violence against children; or in front of the children. According to Greek law, children shall be protected from witnessing violence in their family, also, regardless of whether the violence is performed against them directly. So, if one parent abuses the other parent in front of their child, this is considered as the crime of domestic violence against both the parent and their child. Anyone can report such incidents and take the parents to court. Any type of violence is prohibited both against children and between parents, from any family member to any other.
Also forced marriage is illegal in Greece. A wedding that has been officiated because of threat, deception or fraud can be annulled by a court decision.
Marriage between minors is also illegal. According to law, only people aged 18 and over can get married. However, exceptions can be made if a court considers the best interest and opinion of the underage couple.
Female genital mutilation is also considered a crime and prohibited in Greece. Anyone who encourages or convinces a girl or woman to suffer genital mutilation in any way is punished by imprisonment.
I have been the survivor of domestic violence, sexual harassment, rape, exploitation or other forms of abuse and rights violations in Greece. Can I report this?
You can report a crime to the police or the judicial authorities. You have a right to report a crime independent of your legal status in Greece (even when you have no documents), but if you lack (valid) documents you could be arrested and detained for “illegal stay” in Greece. However, law theoretically protects victims of domestic violence and trafficking when they report a crime. You will need a translator with you and in any case it’s better to not go alone to the police station but with your lawyer, social worker or doctor/ psychologist or at least someone Greek. Refugees and migrants especially when not speaking Greek often report of racist behaviour in police stations or a lack of interest and cooperation if you are all alone. As a victim of a crime you are probably already in a bad psychological state and you don’t need to
have more negative experiences.
You can report a crime also with a complaint lodged before a public prosecutor directly. You need the help of a lawyer to write the complaint in Greek and inform you about this procedure and the differences to a complaint filed at the police station.
Attention: In some cases where you have been the victim of a crime, you may not have reported it to the police but others may (for example neighbours or other witnesses). It’s possible even without your report that the police and judicial authorities will investigate and press charges against the perpetrator.
Are there specific residence permits issued for victims or witnesses of specific crimes?
Yes. Under very specific circumstances Greek law (4251/2014 article 19a) entitles you to apply to the Minister of Interior for a residence permit on humanitarian grounds on the condition that the competent Greek prosecutor has initiated a criminal prosecution in case you are a victim of trafficking, domestic violence or severe work exploitation or if you attend a government recognized mental health addiction treatment. Also victims or witnesses of other severe crimes may apply for humanitarian residence permits. This is a separate procedure from the asylum application, and you can not run both procedures in parallel.
Attention: So seek information and advice from a specialised lawyer about this possibility.