Yes, there are criminal and civil legal remedies for domestic violence victims within the Greek legislation. Such remedies are mainly set forth in Law 3500/2006 on domestic violence.
Criminal remedies
Law 3500/2006 clearly stipulates that any kind of violence among members of a family is prohibited and it lists a series of actions that attract stricter punishment when they are committed within a family environment.
The law is particularly severe when punishing violence against pregnant women or other members of the family who are unable to defend themselves (minimum of two years of imprisonment). In addition, the law recognizes that both marital rape and marital abuse are punishable acts that should be treated as felonies.
The above law also provides for the ex officio prosecution of crimes of domestic violence (except for rape and indecent assault).
Further, the law sets forth a criminal mediation procedure. The public prosecutor orders this procedure prior to common penal prosecution under the following conditions: (a) promise by the offender that they will not commit any other act of domestic violence; (b) acceptance to attend a special counseling program; and (c) commitment to restitution of actions. Penal mediation suspends both the offender's penal prosecution and the possibility for the victim to ask for the offender's removal from the family residence.
Civil remedies
Concerning remedies, the same Law 3500/2006 provides the following: (a) if domestic violence has been committed between spouses and if the victim of domestic violence seeks a divorce, the alleged domestic violence constitutes severe "marriage shock" and there is no further need to provide a reason for the divorce and a prior penal sentence of domestic violence against the spouse is not required; (b) in case of minors who are victims of physical abuse, a court can order the total or partial removal of a parent from providing parental care, the allocation of the child's care to a third party or the appointment of a guardian; and (c) the awarding of damages may be made in cases of moral prejudice against the victim and such damages cannot be less than EUR 1,000.
Additionally, victims may use criminal proceedings to claim monetary compensation from the offender for the damages they have suffered because of the crime. To do so, the victim must become a civil claimant by submitting a declaration to the prosecutor or police officer in charge of the case. Usually, this is done either after reporting the crime or later at any time until the end of the investigation, and it can be done when the victim is interviewed as a witness or separately.
The declaration must contain a short description of what happened and why the victim wishes to become a civil claimant. A lawyer must be appointed to represent the victim if the victim's residence is in a place different from the location of the court that will examine the case. Without this information, the claim will not be examined.Domestic violence has not been specifically identified as a human right in Greece.
However, concerning violence against women, Article 7 of the Greek Constitution adopted in 1975 and amended in 2008 provides that torture, any bodily maltreatment, impairment of health or the use of psychological violence, as well as any other offense against human dignity, are prohibited and will be punished as provided by law.
In addition, Greece has signed and ratified the Istanbul Convention and it has adapted its domestic laws accordingly.
Yes, Greece has both signed and ratified the Istanbul Convention.
Signature: 11 May 2011Ratification: 18 June 2018
Entry into force: 1 October 2018
The Istanbul Convention was implemented via Law 4531/2018. This law also adjusts domestic legislation (e.g., Law 3500/2006), in particular, in the field of criminal law, such that it complies with the provisions of the Istanbul Convention.
Law 4531/2018, among others, strengthens the criminal sanctions regarding female genital mutilation, criminalizes stalking, enhances the rights of victims of domestic violence, facilitates the implementation of the Istanbul Convention and designates as "coordinating body," in accordance with Article 10 of the Istanbul Convention, the General Secretariat for Gender Equality of the Ministry of the Interior.
In addition, in March 2019, the Greek Parliament adopted Law 4604/2019 on "Gender equality, prevention and combating of gender-based violence." This law introduces a comprehensive legal framework on gender equality and the elimination of discrimination against women, which has a wide scope.
Greece has both signed (in 1982) and ratified (in 1983) the 1979 Convention.
In addition, Greece signed (in 2000) and ratified (in 2011) the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women.
Our research has not identified the express implementation of General Comment No. 35 into national law. However, the Greek government appears to have sought to implement the spirit of General Comment No. 35 through the laws set out in Section 1. Additionally, the Greek government has adopted the National Program on Preventing and Combating Violence Against Women in Greece, which is the first comprehensive and coherent national action plan against gender-based violence. It refers to all forms of gender-based violence (e.g., domestic violence, rape, sexual harassment and trafficking women) and it is part of the National Action Plan on Gender Equality 2016-2020.[1]