According to police guidelines on how to deal with instances of domestic violence, police are required to get involved immediately upon the arrival of a victim at the police station or the making of a complaint by telephone.^[21] A complaint made via telephone could come in the form of a notification by a doctor, a complaint made to a domestic violence helpline by the victim or a person who is aware of the victim, or a notification made by a civil society body such as the Secretariat for Family Policy and Gender Equality.^[22]

Under Article 22 of Law 3500/2006, victims of domestic violence will have access to legal aid if they are unable to pay court costs associated with the process of their case.

As domestic violence is a criminal offense under Article 1 of Law 3500/2006, an alleged perpetrator has the right to a fair trial under Article 6 of the European Convention of Human Rights. However, access to this right has been criticized in Greece as limited and dependent on financial means.^[23]

The standard of proof in Greece's criminal and civil courts is "beyond any reasonable doubt" meaning that a court requires full proof of the validity of the victim's allegations and its judgment against the defendant/perpetrator must be free of doubt.^[24]

Generally, any means of evidence legally acquired is allowed to be introduced in criminal cases. The main forms of evidence are autopsy, experts' opinions, testimony of the accused, witnesses and documents.^[25] The Criminal Procedure Code does not contain any specific provisions regarding documents as evidence. It provides that a document is any text that can prove a fact and it includes any means or any material, whether electronically stored or not, as long as such material is likely to prove actual facts.^[26]

In preliminary and main proceedings, witnesses are summoned in writing. A subpoena is delivered to them at least 24 hours before the preliminary proceedings and at least 14 days before the hearing. Witnesses must take oaths (either religious or civil) subject to limited exceptions. If witnesses do not attend, they may be subject to fines at the court's discretion and they may be ordered to pay the relevant judicial fees.

While the legislation does not directly deal with false accusations by the victim, Greek courts have charged victims who are accused with making false accusations relating to similar crimes. The relevant charge has been public mischief, which is a criminal offense. 

Consent is not discussed in the domestic violence legislation we have reviewed. 

Article 22 of the Penal Code provides for self-defense as a general defense. Self-defense must be performed by the individual to defend themselves from an unjust and immediate attack from another and the force used must be proportional to the threat and danger the individual is facing. Therefore, while self-defense may potentially be used as a defense against allegations of offenses under Article 6 of Law 3500/2006 (domestic bodily harm), if the individual was under immediate attack, it would not be applicable to other relevant offenses such as those enshrined in Article 7 (illegal threats), Article 8 (rape and abuse of indecency) or Article 9 (domestic insult of sexual dignity) of Law 3500/2006.

Under Article 34 of the Penal Code, insanity is a general defense where: (a) the perpetrator committed the act due to a morbid disturbance of mental functions or conscience; and (b) the perpetrator did not have the ability to perceive the wrongdoing of their act or act according to their perception of such wrongdoing.

If a witness has been legitimately summoned to appear before the court, the court can either order the police to bring the witness to court by force or to condemn the witness and fine them for their nonappearance.^[27]

In domestic violence cases, family members are examined as sworn witnesses (Article 19 of Law 3500/2006).

Oaths are generally administered to witnesses in criminal cases (including domestic violence cases), meaning that it is a criminal offense to testify dishonestly.

Family members and children may abstain from testifying unless it is deemed necessary by the court. Where such individuals abstain from testifying, their pre-hearing examination may be treated as taken under oath.

Indeed, Article 19 of Law 3500/2006 provides that minors must not be summoned as witnesses as their testimony should be given in pre-trial to protect their emotional and mental well-being, unless it is deemed necessary by the court for the safe investigation of the case.

Article 19 of Law 3500/2006 provides that minors must not be summoned as witnesses as their testimony should be given in pre-trial to protect their emotional and mental well-being, unless it is deemed necessary by the court for the safe investigation of the case.

If a victim is a child, the statute of limitations of the relevant crime does not start until the first day of their adulthood (Article 16 of Law 3500/2006).

Additionally, the mandatory minimum sentence of being charged with domestic violence against a child is 10 years for domestic bodily harm as opposed to two years in the case of an adult victim (Article 6 of Law 3500/2006).

Article 4 of Law 3500/2006 makes it clear that corporal punishment against children is not included in the permitted measures a parent can take against a child. Accordingly, physical harm arising from corporal punishment can be dealt with by an appropriate order from the court. 

The penalties for domestic violence offenses are as follows (Law 3500/2006):

• fine of minimum EUR 1000 (civil) (Article 5)
• domestic bodily violence (Article 6):

• minor damage — a minimum of one year of imprisonment
• severe bodily harm — a minimum of two years of imprisonment
• if the victim is severely physically disabled or has mental health issues — up to 10 years of imprisonment
• minor damage to a pregnant woman — a minimum of two years of imprisonment
• offense committed in front of a minor — a minimum of one year of imprisonment
• severe harm against a minor — a minimum of 10 years of imprisonment

• domestic threats (Article 7), e.g., stalking — a minimum of six months of imprisonment
• rape and abuse of indecency (Article 8) — up to 10 years of imprisonment
• domestic insult of sexual dignity (Article 9) — up to two years of imprisonment (if the victim is a minor, a minimum of six months of imprisonment)
• restraining order against the perpetrator (Article 18)
• criminal mediation measures under Article 11, e.g., the offender being removed from the family home, attending counseling or paying an amount of money (this must be agreed upon by the victim; if the victim does not agree, there is no possibility of mediation)

See Section 5.5.1. 

Based on our research, the law does not specify the consequences of violating a protection order. However, some data suggests that violating a protection order has criminal consequences.^[28]

See above for details regarding financial penalties and criminal mediation. 

Our research did not identify any information specifically about notifying victims of domestic violence of offenders' release from custody. However, general materials on the rights of victims in criminal proceedings indicate that the law does not require a victim to be notified of the offender's release unless the victim is a minor.^[29]

A witness or a civil claimant (a person who has suffered damage because of a crime and who participates in criminal proceedings claiming financial compensation — see Section 2 ) will receive a reference number to check the status of the case with the Public Prosecutor's Office.