Scope of Greek Criminal Law
The basis for Greek criminal law is the Greek Penal Code (pinikos kodikas), as well as several ancillary laws. Greek criminal procedure is regulated in the “kodikas pinikis dikonomias”.
Greek criminal law applies to all criminal offences committed domestically and—under certain conditions—also abroad.
Offences Committed in Greece
The jurisdiction of the Greek criminal courts covers offenses committed either by Greek citizens or by foreigners within the Greek territorial sovereignty.
Offences Committed Abroad
Greek criminal law also extends to offenses committed abroad in the following cases:
1) The perpetrator is a Greek citizen:
- the act must be directed against a foreigner or a Greek citizen abroad
- the act must be punishable under the law of the foreign country, while under Greek law the act must exhibit a certain degree of severity (felony or misdemeanor)
2) The perpetrator is a Greek citizen:
- the act must be directed against a Greek citizen abroad
- the act must be punishable under the law of the foreign country, while under Greek law the act must exhibit a certain degree of severity (felony or misdemeanor)
3) The perpetrator is a Greek or foreign citizen:
- due to the particular severity of the act (e.g., drug or human trafficking), Greece has a special interest in exercising criminal prosecution for certain offenses
- it is irrelevant whether the act is punishable under foreign law
- even if criminal prosecution has already been exercised abroad, the exercise of criminal prosecution for the same act in Greece is permitted
Criminal prosecution for misdemeanors committed either by a Greek citizen or by a foreigner against a Greek citizen abroad requires the following:
- Criminal complaint by the affected person or
- Application by the government of the foreign country in which the offense was committed
The Right of the Victim to Participate in the Criminal Proceedings
Under Greek law, the injured party/victim generally has the possibility to participate in the criminal proceedings as a party to the proceedings in order to assert claims against the perpetrator. This status is acquired by the party through the declaration of filing a subsidiary action (Nebenklage). The subsidiary plaintiff is entitled to their own procedural rights.
Furthermore, the injured party can also assert a pecuniary claim arising from the criminal offense, which falls under the jurisdiction of the ordinary civil courts, within the criminal proceedings (So-called adhesion proceedings). Both natural and legal persons can file the subsidiary action. Legal persons must comply with certain formalities and submit documents.