The key statutes and codes are as follows.
Law 3500/2006
This law is entitled "For the treatment of domestic violence and other provisions." It is the fundamental legislative tool in addressing domestic violence, which it does by prohibiting acts of violence within the family, defining the types of criminal offenses and setting out the relevant penalties for these offenses.
Law 4531/2018
This law:
- ratifies the Contract of the Council of Europe for the prevention and combating of violence against women and domestic violence
- incorporated the Istanbul Convention into Greek legislation
- incorporated Decision 2005/214/EC as amended into Greek legislation
- amended Law 3500/2006 by expanding terms such as "spouse" to include family members connected via a cohabitation agreement, ex-spouses and ex-partners
Specific articles of the Greek Civil and Criminal Code, in particular, Articles 312 and 333, as well as general Articles 6, 7, 8 and 9.
These articles address situations where violence is perpetrated against individuals who are unable to defend themselves due to being under the custody or protection of the abuser, or having a relationship with them, in addition to setting out the penalties for such violence.
Indirectly related legislation such as Law 4604/2019
This law is entitled "Gender equality, prevention and combating of gender-based violence."
Law 3500/2006 sets out the legal and court system responsible for responding to domestic violence in conjunction with the relevant codes of criminal procedure.
It is important to note that prosecuting domestic violence offenses can be undertaken on an ex officio basis meaning that crimes can be prosecuted without a complaint being made by the victim.
According to Law 3500/2006, regardless of how an offense becomes known to the authorities (reported by the victim, reported by a witness, discovered by the police, etc.), the relevant process is initiated before the court of first instance or the prosecutor.
Domestic violence victims also have the right to request interim measures and temporary orders from the relevant court to make sure that their abusers will not be able to come close to them or further hurt them (physically, mentally or otherwise). Such measures and orders are intended to remain in place until the official court process relating to the offense has taken place.
The parts of the system that are potentially relevant for a domestic violence victim are police officers, dedicated helplines, social services for abused women, the prosecution, the court of first instance and the competent court for interim measures requests.
A victim or an individual concerned about a victim can report the abuse to the police or prosecutor's office via the Center for Immediate Action by calling the 100 number anonymously or by using their name. Alternatively, they can contact their local police department.
Once a complaint has been filed, the police are obliged to search, arrest and lead the perpetrator to the prosecutor who will refer them to a trial court.
There are also various dedicated helplines such as the General Secretariat for Family Policy and Gender Equality (15900); reception centers for abused women (210 4112091); the "Next to You" line against domestic violence (800 1188881 or 2107786800 from a mobile); "SOS Line Child Smile" (1056); and the "Together with the Child" line for the mental health of children who are victims of violence within the family (11525).
As a first step, it is critical that the victim files an indictment against the abuser, since, as previously mentioned, domestic violence criminal offenses are handled with ex officio prosecution and they follow the self-initiated prosecution process.
Law 3500/2006 provides the right to use a criminal mediator to attempt a reconciliation between the victim and their abuser. Importantly, the mediation option is only possible if both parties provide their express consent and the abuser unreservedly states that they will not commit any act of domestic violence in the future, they will move out of the family home for a specific time if the victim requests it, they will undertake counseling with a public counselor and they will rectify, if possible, the consequences of their actions and provide financial compensation to the victim. If the victim consents to the above, the prosecutor will ratify the agreement.
Moreover, the victim has the right to request interim measures by filing the relevant request, as well as to request a temporary order until the court decision is issued (to ensure that the abuser is removed from the family home and the abuser will not be able to come close to, hurt, threaten or in any way assault or harass the victim again).
Additionally, the victim can file before the competent courts a lawsuit against their abuser for financial compensation due to a personality insult (meaning mental distress and/or other intangible injuries) caused by the abuser's criminal offense. However, personality insult court processes can be lengthy; once the court issues a decision in favor of the victim, the abuser usually appeals such decision to the court of appeal. Therefore, often, the abuser's attorney will contact the victim's attorney to reach an out-of-court settlement.
Lastly, according to Article 3 of Law 3500/2006 and Article 1429 of the Civil Code, domestic violence is considered undeniable proof of "marriage shock" and, as a result, the victim can request the issuance of a marriage solution (divorce) in their favor by the competent courts.
Overall, even if the victim may not want to proceed with any of the above-mentioned remedies at the time of the domestic violence incident, a visit to the hospital after the incident is strongly recommended for physical or psychological damages to be recorded by the doctors and the relevant doctors' opinions to be recorded in writing. Moreover, it is suggested that the victim should request that the police record the domestic violence incident. This way, the victim will have solid proof if they decide to pursue legal proceedings against the abuser at a later stage.