Athens, Greece

Penal Code (Law 4619/2019) - Ratification of the Criminal Code | Legislation | Lawspot

f. If I sit down, am I resisting?

Yes, if you sit down, you are resisting. It is not a good idea to resist, even if you're innocent or if you think the police are acting unfairly or unlawfully.

Primary Source:

Article 167 'Violence against employees and judicials' and Article 169 'Disobedience' of the Greek Penal Code could potentially be used in case you do not follow the orders of the police.

g. If I am stopped in a group, and some kids run, can I run?

Stay calm. It is not a good idea to run. Speak carefully and clearly. Anything you say can be used against you in a court of law.

Primary Source:

Article 167 'Violence against employees and judicials' and Article 169 'Disobedience' of the Greek Penal Code could potentially be used in case you do not follow the orders of the police.

Penal Code (Law 4619/2019) - Ratification of the Criminal Code | Legislation | Lawspot

h. Can I tell others (siblings, for example) to run?

Stay calm. It is not a good idea to run. Speak carefully and clearly. Anything you say can be used against you in a court of law.

Primary Source:

Article 167 'Violence against employees and judicials' and Article 169 'Disobedience' of the Greek Penal Code could potentially be used in case you do not follow the orders of the police.

Penal Code (Law 4619/2019) - Ratification of the Criminal Code | Legislation | Lawspot

i. If the officer's language is not my first language, can I tell them without waiving my rights?

If you do not speak Greek, these rights must be provided to you in a language you understand. Asking for an interpreter or translator or stating that you do not understand the officer's language does not waive your right to remain silent.

Primary Source:

Article 10 of Law No. 4236/2014, which transposed EU Directive 2010/64/EU on the Right of Interpretation and Translation During Criminal Proceedings and EU Directive 2012/13/EU on the Right to be Informed during Criminal Proceedings, provides for the equivalent of the U.S.-style Miranda rights in Greece.

Also see article 101 of the Greek Penal Procedure Code:A suspect or accused person who does not speak or does not sufficiently understand Greek has the right to interpretation and written translation of all essential documents of the proceedings, in accordance with Articles 233 and 237

LAW 4236/2014 - Government Gazette A 33/11.02.2014 (kodiko.gr)

Microsoft Word - GO Practical Guide _English_.doc (statewatch.org)

In stopping, searching, or arresting those who do not speak and understand Greek, the police should use these guidelines:

Regardless of the difficulties in doing so, the police must provide you with all required oral and written communications in a language that you understand.
In providing information about the detention and your rights in a language you understand, the police may use an officer who speaks your same language, an interpreter, a consular official, or anyone else available, in person or over the telephone.

Primary Source:

Practical Guide for Interaction between Police Officers and Civilians during the Period of the Olympic Games Hellenic Republic. Ministry of Public Order. July 2004

j. If I did not do anything, can they stop me?

The Greek Police can only stop a person on the street if they have a serious suspicion of criminal behavior. The "seriousness" is in relation to the Police officer's suspicions (not to the seriousness of the criminal offence).

"Stop and search" investigative techniques are only permitted based on absolute necessity or severe suspicions of committed criminal offence. There is no legal definition of "suspicions," but it depends on the probabilistic risk assessment and the inductive reasoning of the competent law enforcement officer that a crime has been committed, based on the examination of available indications.

Primary Source:

Article 96 of PD 141/91 outlines that "stop and search" investigative techniques are only permitted based on absolute necessity or severe suspicions and Circular Order 7100/22/4a/2005 of the Chief of Police outlines that there is no legal definition of "suspicions."

Presidential Decree 141/1991 - Government Gazette A 58/30.04.1991 (kodiko.gr)

(Source not available re Circular Order 7100/22/4a/2005 of the Chief of Police)

k. Stopped by the police on the street, now what?

The Greek Police can only stop a person on the street if they have a serious suspicion of criminal behavior. The "seriousness" is in relation to the police officer's suspicions (not to the seriousness of the criminal offence).

Primary Source:

Article 167 'Violence against employees and judicials' and Article 169 'Disobedience' of the Greek Penal Code could potentially be used in case you do not follow the orders of the police.

Penal Code (Law 4619/2019) - Ratification of the Criminal Code | Legislation | Lawspot

Officers must follow several guidelines when they stop an individual on the street.

The police officer must have a good-faith belief, which means factually reasonable belief, that the person stopped has violated the law.
The officer must later file a report that describes the facts which led them to conclude that serious suspicion of criminal behavior existed.
Unless the officer then develops facts that justify an arrest, the officer should complete the stop in the shortest amount of time and with the least pressure possible.
The officer should question the stopped person only as to information that is absolutely necessary. The officer should not seek personal information.
The officer may not photograph or fingerprint the stopped person.
During the period of detention, the officer should permit the stopped person to communicate in person or by phone with relatives or other persons of their choosing.

Law enforcement officers may only handcuff someone who may be a flight risk (i.e., try to escape) or who reacts violently.

Primary Source:

Article 3 of the Code of Ethics for the Hellenic Police outlines that law enforcement officers may handcuff individuals who are a flight risk or individuals who react violently.

Microsoft Word - kodikas_deodologias.doc (policinglaw.info)

Also see Art. 278 par.2 Code of Penal Procedure "The arresting officers must treat the arrested person with all possible courtesy and respect his honour. To this end, they must not use force except when necessary, and they may not bind the arrested person unless he resists or is suspected of fleeing."

2. When Can Police Search You and Your Surroundings?

It is important to follow this advice:

You have the right to say no to searches of your person.
You have the right to say no to searches of your *car, house, or other surroundings.
You cannot be arrested for refusing to consent to a search without a warrant.
A warrant is a court order, so you have no choice but to consent.

Searches of a person, nonresidential private premises, vehicle, or object may take place only upon the showing of serious suspicion of criminal behavior or in cases of absolute necessity, in accordance with Article 96(3)(b) of PD 141/91.

* Kindly note though that the immunity of residence does not cover the car and/or other vehicles

In conducting a search, the police should follow these guidelines:

Unless waiting for a supervisor would make the search impossible, a Hellenic Police supervisor must conduct the search.
Unless impossible, two witnesses should observe the search.
A female officer, or other woman selected by the police, must conduct a search of a woman.
The member of the Service conducting the search should minimize the intrusion caused by the search. For instance, searches which require the detained person to lie face down or remain in another uncomfortable or humiliating position should be employed sparingly and only when justified by specified reasons related to the safety of officers and/or the public.
The police should explain to the individual searched, or the owner of the property or premises searched, the reason and legal basis for the search.
The police officer must abide by these guidelines even in the case of very serious crimes, such as when vehicles are searched in drug trafficking felonies, or when undercover activities are conducted against drug trafficking.

In all cases the investigating officer must always make sure that the competent prosecutor is immediately informed.

Primary Source:

a. What if a police officer wants to search my phone?

The police cannot search your phone without a warrant. The contents of the phone are protected under the constitution and specific laws apply.

Law enforcement officers can seize your digital data if they have a warrant. However, there is no obligation by the law to provide them with the password.

Police can only search private property with a valid warrant or if the resident consents. The warrant must contain information about where to search and why the individual is being searched. A warrant might be issued either by Court or by the Public Prosecutor, and disobedience is considered a criminal offence. If the police do not follow the Code on how to conduct searches, then this may lead to the partial or entire dismissal of the evidence collected during illegitimate searches.

Primary Source:

The Greek Constitution establishes the immunity of residence and the right to privacy (Article 9), as well as the right to secrecy of communications (Article 19); while the constitutional revision establishes the right to protection of personal data (Article 9A).

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

Article 265 of the Code of Criminal Procedure allows law enforcement officers to seize your digital data if they have a warrant.

Articles 253 and 256 of the Code of Criminal Procedure regulate how searches are conducted by the Police, under which circumstances, and by whom.

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

b. What if a police officer asks me for my password to my phone?

You are not required to provide the police with a password to your phone. The police cannot search your phone (which includes unlocking your phone with a password) without a warrant. The contents of the phone are protected under the constitution and specific laws apply.

Law enforcement officers can seize your digital data if they have a warrant.

Primary Source:

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

Article 265 of the Code of Criminal Procedure allows law enforcement officers to seize your digital data if they have a warrant.

Section 2 of the Fair Trials Advice Note details rights upon arrest and investigation by police.

(Fair Trials Advice Note (updated link))

(Source not available in Greek)

c. What if they tell me to give them my password or other access to my phone?

Law enforcement officers can seize your digital data if they have a warrant.

Primary Source:

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

Article 265 of the Code of Criminal Procedure allows law enforcement officers to seize your digital data if they have a warrant.

Section 2 of the Fair Trials Advice Note details rights upon arrest and investigation by police.

(Fair Trials Advice Note (updated link))

(Source not available in Greek)

d. Do I have to give them my device password if they demand it from me if when I am not under arrest? What if they just ask for it?

No. "Nemo tenetur se ipsum incriminare" means that no person can be ordered to incriminate himself.

Law enforcement officers can seize your digital data if they have a warrant.

Primary Source:

Article 104 of the Code of Criminal Procedure established the principle "Nemo tenetur se ipsum incriminare."

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

Article 265 of the Code of Criminal Procedure allows law enforcement officers to seize your digital data if they have a warrant.

Section 2 of the Fair Trials Advice Note details rights upon arrest and investigation by police.

(Fair Trials Advice Note (updated link))

(Source not available in Greek)

e. What tools can police use to search me? What technology? (Facial recognition, hidden cameras, finger print searches, etc.)

The tools that police officers may use to search suspects or those accused vary depending on the investigated criminal offence and on the circumstances. But, Hellenic Police can implement wiretapping techniques, or enforce the lift of the telecommunications' privacy, with a warrant.

In 2019, Intracom signed a contract with the Hellenic Police Directorate of the Ministry of Citizen Protection of Greece for the "Smart Policing" project, which promotes rapidly and safely identifying and verifying citizens, vehicles and security documents in order to increase the level of community security sense.

Under this "Smart Policing" project, police will receive devices to conduct live facial recognition and fingerprint identification of individuals.

Primary Source:

Law No. 2225/1994 permits the use of wiretapping techniques.

Law 2225/1994 - Government Gazette 121/Α/20-7-1994 (Codified) - COMMUNICATIONS - TELECOMMUNICATIONS - TELEPHONY (e-nomothesia.gr)

'Smart Policing' Technical Specifications outlines the functionalities of the devices in part B.1.2.

(Source not available in English)

Intracom Telecom Undertakes a "Smart Policing" Project, which aims to increase community security sense.

(Intracom Telecom Undertakes a "Smart Policing" Project (intracom-telecom.com)

f. Can they search my backpack or other item I am carrying?

Yes. Apart from the search, as an investigative act, there is of course the so-called "preventive police search". The legislation gives the police authorities extensive powers of investigation, but the right to carry out "preventive police searches" is reserved by the legislator only for the officers of the Greek Police. Despite all the legal challenges to this practice, this police authority is consistently held by case law to be legitimate and within the limits of the Constitution.

You have the right to say no to searches of your person.
You have the right to say no to searches of your car, house, or other surroundings.
You cannot be arrested for refusing to consent to a search without a warrant.
A warrant is a court order, so you have no choice but to consent.

Searches of persons, vehicles, and moveable objects in private locations that are not residences may take place when there is serious indication of criminal behavior, or absolute necessity. These searches must be performed by a Hellenic Police supervisor, in the presence of two witnesses. Please note that the physical search of a woman must be performed by a female police officer and, if one is not available, by another female chosen by the police.

In principle, the necessary condition for carrying out searches is 'serious suspicion of a criminal offence or absolute necessity'. The existence of these conditions must be based on specific objective or subjective elements which are sufficient and appropriate to justify the search in accordance with the law. The decision as to whether these conditions are met is left to the discretion of the police officer carrying out the search.

Otherwise, the police can only search private property with a valid warrant. The warrant must contain information about where to search and why the individual is being searched. A warrant might be issued either by Court or by the Public Prosecutor, and disobedience is considered a criminal offence. If the police do not follow the Code on how to conduct searches, then this may lead to the partial or entire dismissal of the evidence collected during illegitimate searches.

Primary Source:

Article 96 of PD 141/91 provides that searches conducted to prevent crime and not part of a preliminary investigation should take place under several conditions.

Presidential Decree 141/1991 - Government Gazette A 58/30.04.1991 (kodiko.gr)

Articles 253 and 256 of the Code of Criminal Procedure regulate how searches are conducted by the Police, under which circumstances, and by whom.

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

Presidential Decree 141/1991 - Government Gazette A 58/30.04.1991 (kodiko.gr)

(Source not available re Circular Order 7100/22/4a/2005 of the Chief of Police)

g. Can they take my picture or record me?

Under this "Smart Policing" project, police will receive devices to conduct live facial recognition and fingerprint identification of individuals.

Primary Source:

Intracom Telecom Undertakes a "Smart Policing" Project outlines new "smart policing" project, which aims to increase community security sense.

(Intracom Telecom Undertakes a "Smart Policing" Project (intracom-telecom.com)

'Smart Policing' Technical Specifications outlines the functionalities of the devices in part B.1.2.

(Source not available in English)

h. Can they ask me where I am going and why?

Primary Source:

Section 2 of the Fair Trials Advice Note details rights upon arrest and investigation by police.

(Fair Trials Advice Note (updated link))

(Source not available in Greek)

3. Reasons Police May Detain or Arrest You

It is important to follow this advice:

The police may arrest you immediately if you are caught when committing the act or if you are caught within 48 hours of committing the act with items or traces of the crime on you. Children are exempted from the expedited process of 'flagrante delicto'.
The police may arrest you if there has been a report of a crime naming you as the perpetrator.
Sometimes police have a warrant for an arrest. In that case, you should be clear on what kind of warrant is being presented to you.
It is a good idea to review any paper from police/any warrant carefully to ensure you understand what exactly is covered.
If arrested, you may be charged with a felony for a more serious crime or a misdemeanor for a less serious crime or a violation. Important note: Under the Greek penal law, minors do not commit felonies, all of the offenses are misdemeanours.
- Felony: any act punishable by imprisonment (5 years to life) or temporary imprisonment (5-15 years) is a felony.
- Misdemeanor: any act punishable by imprisonment (10 days - 5 years), a fine or confinement in a special youth center (6 months - 5 years for acts punishable by imprisonment up to ten years or 2 years - 8 years, for acts punishable by imprisonment for life or temporary imprisonment longer than that of the previous paragraph) or community service is a misdemeanor.
If the police arrest you, they also have the right to search you. Anything found during this search may be used as evidence against you.

Primary Source:

Articles 18, 52, 53, 54, 55 and 468 of the Greek Penal Code provide for the distinction of punishable acts and the relevant penalties.

Penal Code (Law 4619/2019) - Ratification of the Criminal Code | Legislation | Lawspot

a. What if I did not do anything illegal, must I speak with the police and answer questions?

Primary Source:

Section 2 of the Fair Trials Advice Note details rights upon arrest and investigation by police.

(Fair Trials Advice Note (updated link))

(Source not available in Greek)

b. What if they tell me something they are investigating and that is wrong? Must I correct them?

Instead of correcting the police about their mistake, you should speak with your lawyer. If you cannot afford your own lawyer, you should still ask for a lawyer as soon as you are questioned or arrested by the police. Αny citizen of the European Union is entitled to legal aid to cover legal fees if they cannot afford to pay themselves.

The Code of Criminal Procedure grants minors the right to access legal advice without cost, provided that:

they are not employed (in which case they are assessed on their parents' income) and they meet the financial criteria for legal aid; and
they are accused of a felony, or

they are accused of a misdemeanour, and such crime would be punishable with a sentence of at least 6 months of imprisonment if it was committed by an adult.

Furthermore, the assistance of a lawyer is also mandatory when the child is brought before a prosecutor or judicial authority in order to take a decision as to whether the child should be deprived of liberty and at any time while the child is detained.

The general standard internationally, however, is that wherever there is a possibility of deprivation of liberty, the child should be represented by a lawyer, and this includes when the child is alleged to have committed a crime and is questioned by the police.

Primary Source:

Section 3 of the Fair Trials Advice Note regarding legal representation; and Article 6 of EU Directive 2016/800/EU on the Procedural Safeguards for Children Who Are Suspects or Accused Persons in Criminal Proceedings provides for the minor's right to assistance by a lawyer.

(Fair Trials Advice Note (updated link))

(Source not available in Greek)

Penal Code (Law 4619/2019) - Ratification of the Criminal Code | Legislation | Lawspot

c. What if a police officer just begins speaking to me but does not order me to do anything?

An unidentified officer has no legal authority to order you. When an officer is not in uniform, the officer needs to identify themselves as a member of the police. Police officers need to provide their identity to the individuals with whom they interact.

Primary Source:

Section 2 of the Fair Trials Advice Note details rights upon arrest and investigation by police.

(Fair Trials Advice Note (updated link))

(Source not available in Greek)

Circular Order 7011/10/38a/1995 requires police officers to provide their identity to the individuals with whom they interact.

(Source not available)

Article 7 par. 2 of P.D. 538/1989 requires officers not in uniform to identify themselves as a police officer.

(Source not available in English)

d. What is the legal difference between talking to them if they do not tell me I am under arrest, versus after they inform me that I am under arrest?

In either scenario, you have the right to remain silent. You do not have to take part in any discussion with the police unless they show you a warrant (a legal document). If you are pressured to respond to questions, you have the right to contact a lawyer, an interpreter and/or a family member (or someone close to you).

Anything you say can be used against you in a court of law if you are later charged with a crime.

Primary Source:

Section 2 of the Fair Trials Advice Note details rights upon arrest and investigation by police.

(Fair Trials Advice Note (updated link))

(Source not available in Greek)

Article 167 'Violence against employees and judicials' and Article 169 'Disobedience' of the Greek Penal Code could potentially be used in case you do not follow the orders of the police.

4. The difference between police telling me what to do and asking me to do something.

a. What is the difference between the police deciding to search me or my belongings (phone, backpack) and me agreeing to the search?

Apart from the search, as an investigative act, there is of course the so-called "preventive police search". The legislation gives the police authorities extensive powers of investigation, but the right to carry out "preventive police searches" is reserved by the legislator only for the officers of the Greek Police. Despite all the legal challenges to this practice, this police power is consistently held by case law to be legitimate and within the limits of the Constitution.

Therefore, the police in certain cases has the power to search you, your backpack, or other items you are carrying. However:

You have the right to say no to searches of your person.
You have the right to say no to searches of your car, house, or other surroundings.
You cannot be arrested for refusing to consent to a search without a warrant.
A warrant is a court order, so in that case, you have no choice but to consent.

If the police has not warrant yet and you consent to a search of your person or your belongings (phone, backpack, etc.), you waive the warrant requirement and allow the police to lawfully conduct the search.

Primary Source:

Article 96 of PD 141/91 provides that searches conducted to prevent crime and not part of a preliminary investigation should take place under several conditions.

Presidential Decree 141/1991 - Government Gazette A 58/30.04.1991 (kodiko.gr)

Articles 253 and 256 of the Code of Criminal Procedure regulate how searches are conducted by the Police, under which circumstances, and by whom.

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

b. What if they tell me to give them information versus them asking and me providing answers voluntarily?

Additionally, an unidentified officer has no legal authority to order you. When an officer is not in uniform, the officer needs to identify themselves as a member of the police. Police officers need to provide their identity to the individuals with whom they interact.

Primary Source:

Section 2 of the Fair Trials Advice Note details rights upon arrest and investigation by police.

(Fair Trials Advice Note (updated link))

(Source not available in Greek)

Circular Order 7011/10/38a/1995 requires police officers to provide their identity to the individuals with whom they interact.

(Source not available)

Article 7 par. 2 of P.D. 538/1989 requires officers not in uniform to identify themselves as a police officer.

(Source not available in English)

5. Do Police Need a Warrant to Arrest You?

It is important to follow this advice:

No. Police officers can legally arrest you without a warrant in several circumstances:
When the crime is committed in front of the police officers; or
When the officer has probable cause (reason to suspect) that the suspect committed a felony, whether or not the act was done in front of the officer.

The police may make an arrest only on serious suspicion of a violation of the law based upon objective facts showing that the person to be arrested violated the law.

As stated in the Draft Code of Ethics for the Hellenic Police, officers must be "certain" that a violation of law occurred and must make arrests only when "necessary." Otherwise, the arrest constitutes an illegal detention.

Primary Source:

a. Even if I did not do anything, can they stop me?

If you are not caught in the act of committing a crime, then the police can only arrest you if they have a warrant. However, they could still stop you to conduct an identity check as part of their preventive policing duties.

It is clear that the police distinguish between routine identity checks (which have no legal requirements) and "stop and search" procedures (which occur when serious suspicions exist). This distinction is not expressly provided by law.

Primary Source:

Presidential Decree 141/1991 - Government Gazette A 58/30.04.1991 (kodiko.gr)

Human Rights Watch Letter to the Greek Alternate Minister of Citizen Protection urged the repeal of PD 141/91.

(Human Rights Watch Letter to the Greek Alternate Minister of Citizen Protection | Human Rights Watch (hrw.org))

(Source not available in Greek)

Intracom Telecom Undertakes a "Smart Policing" Project outlines new "smart policing" project, which aims to increase community security sense.

(Intracom Telecom Undertakes a "Smart Policing" Project (intracom-telecom.com)

Presidential Decree 141/1991 - Government Gazette A 58/30.04.1991 (kodiko.gr)

(Source not available re Circular Order 7100/22/4a/2005 of the Chief of Police)

b. Can I ask for the reason they stopped me?

Yes. The suspect or the accused has the right to be informed about the accusation, amongst other rights. In accordance with articles 2 and 3 of PD 254/2004, the police must immediately inform you of the reasons for your arrest and detention, for any charge against you, your rights and for the procedure applicable to your case (and in another language if you cannot understand the language that is spoken to you).

You can only be arrested if:

There is a warrant against you (which can be issued by either the investigating judge or the public prosecutor, depending on the circumstances); or
You were caught in the act of committing a crime (e.g., red handed). Police have a special authority to arrest you, without a warrant, up to 48 hours after you have been caught in the act of committing a crime.

Primary Source:

Articles 2 and 3 of PD 254/2004.

Microsoft Word - kodikas_deodologias.doc (policinglaw.info)

Article 95(1)(c) of the Greek Code of Criminal Procedure provides that the suspect or the accused has the right to be informed about the accusation.

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

Article 3 of the Code of Ethics for the Hellenic Police outlines that law enforcement officers may handcuff individuals who are a flight risk or individuals who react violently.

Microsoft Word - kodikas_deodologias.doc (policinglaw.info)

Article 6 of the Greek Constitution provides that "No person shall be arrested or imprisoned without a judicial warrant stating the reasons, which must be served upon him at the moment of arrest or imprisonment, pending trial. This provision does not apply to crimes committed in flagrante delicto."

c. Can I advocate for another young person stopped by police if we are stopped together?

For a minor to be arrested, there needs to be a warrant, issued by an investigative judge or prosecutor.

A minor over 15 years old may be detained for no more than 6 months before the court adjudicates their case.

An exception exists in terms of "prosagogi", which roughly translates to "take into custody." In this case, a warrant is not necessary; law enforcement officials are able to take individuals, minors included, into custody, either because they failed to demonstrate identification documents or because there are severe suspicions that a criminal offence is committed or will be committed by them. In the former case, the individual will be dismissed when identified. In the latter case, the police officers will present evidence to the prosecutor, who will then decide whether "prosagogi" will be converted into arrest. "Prosagogi" cannot exceed the absolute necessary period of time, otherwise "illegal restraint" may apply.

Primary Source:

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

Article 287 of the Greek Code of Criminal Procedure states that a minor over 15 years old may be detained for no more than 6 months.

Article 325 of the Greek Penal Code outlines the doctrine of "illegal restraint."

Penal Code (Law 4619/2019) - Ratification of the Criminal Code | Legislation | Lawspot

d. If I think the stop is unjustified, what can I do?

You may ask for the police officer's identification, the reason why you are being stopped and/or searched, and your rights. You are advised to remain calm, provide the officer with your identification documents and refrain from any violent reaction and/or insulting comments. In case you are asked to follow them to the police department, although you have already been identified, you may ask to contact your lawyer or your family.

Random identity checks, although widely used, are legally disputed. Police officers have a legal basis to conduct identity checks, under their duty of preventive policing. Officers may check the identification of individuals entering or exiting shops or private houses during the night if the circumstances indicate that a criminal offence might have been committed.

Individuals who fail to demonstrate valid identification documents can be escorted to the police station for further identification.

Unless the two articles are read in conjunction, the police appears to assume an overriding power to perform identity checks without prior suspicions based on the circumstances.

Regardless of the above-mentioned provisions, the minimum level of severe suspicions is relatively low, meaning that the "stop and search" practice is hardly an exception to the Hellenic Police practice. Therefore, it is difficult to declare a "stop and search" event as unjustified prima facie.

Primary Source:

Article 2 of the Code of Ethics for the Hellenic Police outlines that law enforcement officers are required to provide evidence of their police status and professional identity during intervention.

Microsoft Word - kodikas_deodologias.doc (policinglaw.info)

Article 95(1)(c) of the Greek Code of Criminal Procedure provides that the suspect or the accused has the right to be informed about the accusation.

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

Article 3 of the Code of Ethics for the Hellenic Police provides that police must immediately inform detainees of the reason for their arrest and detention and for any charge against them.

Microsoft Word - kodikas_deodologias.doc (policinglaw.info)

Presidential Decree 141/1991 - Government Gazette A 58/30.04.1991 (kodiko.gr)

(Source not available re Circular Order 7100/22/4a/2005 of the Chief of Police)

Presidential Decree 141/1991 - Government Gazette A 58/30.04.1991 (kodiko.gr)

Human Rights Watch Letter to the Greek Alternate Minister of Citizen Protection urged the repeal of PD 141/91.

(Human Rights Watch Letter to the Greek Alternate Minister of Citizen Protection | Human Rights Watch (hrw.org))

(Source not available in Greek)

e. Can I get the officer's identifying information for a future complaint?

Yes. Officers who step out of bounds are obliged to identify themselves (their status, their identification documents, and the agency to which they belong). Moreover, disciplinary action may be taken against police officers who conceal their identity without being ordered to do so. Police officers need to provide their identity to the individuals with whom they interact, even if those individuals do not plan to submit a future complaint.

Primary Source:

Circular Order 7011/10/38a/1995 requires police officers to provide their identity to the individuals with whom they interact.

(Source not available)

Article 7 par. 2 of P.D. 538/1989 requires officers not in uniform to identify themselves as a police officer.

(Source not available in English)

Article 2 of the Code of Ethics for the Hellenic Police outlines that law enforcement officers are required to provide evidence of their police status and professional identity during intervention.

Microsoft Word - kodikas_deodologias.doc (policinglaw.info)

f. Do police need a warrant to arrest me?

You can only be arrested if:

There is a warrant against you (which can be issued by either the investigating judge or the public prosecutor, depending on the circumstances); or
You were caught in the act of committing a crime (i.e., red handed). Police have a special authority to arrest you, without a warrant, up to 48 hours after you have been caught in the act of committing a crime (pursuant to article 242 of the Greek Code of Criminal Procedure, the expedited flagrante delicto procedure is not applicable to minors).

For a minor to be arrested, there needs to be a warrant issued by an investigative judge or prosecutor. A minor over 15 years old may be detained for no more than 6 months before the court adjudicates their case.

An exception exists if you are taken into custody, ("prosagogi"), If you are taken into custody, a warrant is not necessary; law enforcement officials are able to take individuals, minors included, into custody, either because they failed to demonstrate identification documents or because there are severe suspicions that a criminal offence is committed or will be committed by them. In the former case, the individual will be dismissed when identified. In the latter case, the police officers will present evidence to the prosecutor, who will then decide whether "prosagogi" will be converted into arrest. "Prosagogi" cannot exceed the absolute necessary period of time, otherwise "illegal restraint" may apply.

Primary Source:

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

Article 287 of the Greek Code of Criminal Procedure states that a minor over 15 years old may be detained for no more than 6 months.

Article 325 of the Greek Penal Code outlines the doctrine of "illegal restraint."

Penal Code (Law 4619/2019) - Ratification of the Criminal Code | Legislation | Lawspot

6. How Do You Know If You Are Under Arrest?

It is important to follow this advice:

You are under police custody if you do not feel free to leave an officer's presence, or if a reasonable person in your shoes would not feel free to leave.
If the following happens, you are likely under arrest under the law:
- an officer handcuffs you;
- an officer forcibly holds you down;
- an officer puts you into the back seat of a police car; or
- an officer warns you about your rights.
An officer only has to warn you about your rights before the police question you. This means an officer can arrest you before warning you about your rights.
An arrest without a warning about one's rights is still a valid arrest; it just may mean that evidence collected from it is not admissible in court later.

a. What if I do not know if I am under arrest?

You are under police custody if you do not feel free to leave an officer's presence, or if a reasonable person in your shoes would not feel free to leave.

If the following happens, you are likely under arrest under the law:

an officer handcuffs you;
an officer forcibly holds you down;
an officer puts you into the back seat of a police car; or
an officer warns you about your rights.

In making an arrest, the police should follow several guidelines. They should inform you of the factual basis for your arrest. Providing such notice not only conforms with human rights standards but also lessens the chance of resistance by the arrestee due to a failure to provide them with desired information. If you are under arrest, the officer must promptly explain your rights. The officer must also provide you with a written statement of those rights.

The police must treat the arrested person with respect and humanity. They should accommodate reasonable personal needs that do not jeopardize officer safety or violate service protocols. The police may handcuff or use other restraints only when specific facts demonstrate that, if left unrestrained, the arrested person may use violence or escape. An officer must never use excessive force or otherwise abuse a person under arrest. The officer should permit the arrested person to communicate in person or by phone with relatives or other persons of their choosing. The officer should process the arrest in the shortest time possible.

Based on the procedure of "prosagogi" (taking into custody), a police officer can bring a citizen to the police station either for identification or because the place, time, and behavior of the civilian create severe suspicions. Then, if it is determined that the person brought to the department has indeed committed the wrongdoing, or there are serious indications to support that the person committed the wrongdoing, then the arrest procedure is followed, which can lead to detention if a competent prosecutor deems it necessary.

With regard to minors, there is a special provision in Article 4 of Law No. 4689/2020 which states that, "the minor is informed directly, orally or in writing, about his rights and about the general aspects of the procedure provided in this law, in the provisions of the Penal Code and the Code of Criminal Procedure."

When arresting a minor, police should follow the following guidelines:

During the arrest process, the minor has all the rights that adults have, in addition to the ones provided by law to minors.
The police officer has to confirm whether the arrested person is a minor. In a case where this is questionable, the arrested person shall be deemed a minor until proof to the contrary has been provided.
The police may handcuff or use other restraints on minors only when specific facts demonstrate that the minor may use violence or escape, if left unrestrained.
A minor's parents must be notified when a minor is arrested, detained, taken into custody, transferred, is ill, injured, or dies. The minor has the right to request telephone communication with his/her parents or guardians at any stage of the process. If the minor requests the police not to communicate with his/her parents, the final decision on the subject shall be made by the pertinent Public Prosecutor for Minors.
In the case of unaccompanied foreign minors, the police shall communicate with the local consular authorities, unless the minor expresses his/her objection due to possible persecution in his/her country of origin. An unaccompanied minor has the right to international protection and the right to request asylum.
When a minor is taken to a police station, he/she shall be informed for his/her right to telephone communication with an attorney of his/her choice, or to request legal help pursuant to the applicable procedures.
When a minor is arrested for a violation not deemed indicative of antisocial behaviors, and his/her legal guardians have been located, the superintendents or chiefs of the Hellenic Police Services, instead of pressing charges, shall provide the minor with recommendations and advice and point out to their relatives the need for better supervision.
If the police receive information indicating that a minor could be a victim of exploitation, trafficking, pornography, prostitution, or sexual abuse, the police officer shall take measures for the minor's protection. The police officer may take the minor into custody at the local police station for this purpose, so that an appropriate Public Prosecutor may pursue the necessary protective measures.

Primary Source:

Articles 2 and 3 of PD 254/2004, regarding the obligation of the police officer to inform the person about the reason of the arrest, their rights, etc.

Microsoft Word - kodikas_deodologias.doc (policinglaw.info)

LAW 4236/2014 - Government Gazette A 33/11.02.2014 (kodiko.gr)

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

Article 275, 278, 279 and 282 of the Code of Criminal Procedure outline the way police should behave when you are being arrested and establish the power of arrest held by police officers, who have the right to bring an offender before the court prosecutor. If the prosecutor deems that there are serious reasons this individual has committed a criminal offence, then detention may be ordered pursuant to Article 282 of the Code of Criminal Procedure (under the restraints of Article 287).

Article 74(15)(i) establishes that individuals who fail to demonstrate valid identification documents can be escorted to the police station for further identification.

Presidential Decree 141/1991 - Government Gazette A 58/30.04.1991 (kodiko.gr)

Article 4 of Law No. 4689/2020 establishes the right to information for minors.

LAW 4689/2020 (Codified) - Government Gazette A 103/27.05.2020 (kodiko.gr)

Section 2 of the Fair Trials Advice Note details rights upon arrest and investigation by police.

(Fair Trials Advice Note (updated link))

(Source not available in Greek)

b. What is the difference between detention and arrest?

If you are detained (i.e., taken by the police to a police station / placed in the back of a police car), it does not always mean that you are under arrest. In the case of "prosagogi" (taken into custody), you may be detained without being under arrest, until your identity is confirmed by the law enforcement officials or until the Prosecutor decides whether to press charges.

The purpose of detention is to prevent the risk of new crimes being committed and to ensure that the person charged will be present at any time during the interrogation or in court and will be brought to justice. The law requires police to bring detainees before a magistrate, who then must issue a detention warrant or order the detainee's release within 24 hours of detention.

In making an arrest, the police should follow several guidelines. They should inform the person being detained of the factual basis for the arrest. Providing such notice not only conforms with human rights standards but also lessens the chance of resistance by the arrestee due to a failure to provide them with desired information. An officer must promptly explain to the person arrested the rights guaranteed to those who are arrested. The officer must also provide the arrested person with a written statement of those rights.

The police must treat the arrested person with respect and humanity and should accommodate reasonable personal needs that do not jeopardize officer safety or violate service protocols. The police may handcuff or use other restraints only when specific facts demonstrate that, if left unrestrained, the arrested person may use violence or escape. An officer must never use excessive force or otherwise abuse a person under arrest. The officer should permit the arrested person to communicate in person or by phone with relatives or other persons of their choosing. The officer should process the arrest in the shortest time possible.

Officers must be "certain" that a violation of law occurred and must make arrests only when "necessary." Otherwise, the arrest constitutes an illegal detention. There are several guidelines for the police to follow during arrest and detention. This includes making sure that the arrest shall be conducted in a cautious and consistent way, the police personnel must behave correctly and omit any action that can insult the honor and pride of the arrested person and in general insult the dignity of a person. Police must use force only when absolutely necessary and shall restrain the arrested person only when the last one reacts violently or is suspected of escaping. The police must immediately inform detainees of the reasons for their arrest and detention, for any charge against them, their rights and for the procedure applicable to their case (and in another language if the detainee requires). The individual who has been arrested is allowed to communicate with an individual of their choosing. The police must also make sure that the detainee is able to communicate with a lawyer.

Police distinguish between routine identity checks (which have no legal requirements) and "stop and search" procedures (which occur when serious suspicions exist). This distinction is not expressly provided by Law.

Primary Source:

Article 74(15)(i) establishes that individuals who fail to demonstrate valid identification documents can be escorted to the police station for further identification.

Presidential Decree 141/1991 - Government Gazette A 58/30.04.1991 (kodiko.gr)

Circular Order 7100/22/4a/2005 of the Chief of Police outlines that there is no legal definition of "suspicions."

(Source not available re Circular Order 7100/22/4a/2005 of the Chief of Police)

Greece Human Rights Report 2022 at page 6.

Greece - United States Department of State

(Source not available in Greek)

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

Article 3 of the Code of Ethics for the Hellenic Police provides that police must immediately inform detainees of the reason for their arrest and detention and for any charge against them.

Microsoft Word - kodikas_deodologias.doc (policinglaw.info)

Section 2 of the Fair Trials Advice Note details rights upon arrest and investigation by police.

(Fair Trials Advice Note (updated link))

(Source not available in Greek)

Article 287 of the Greek Code of Criminal Procedure states that a minor over 15 years old may be detained for no more than 6 months.

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

Presidential Decree 141/1991 - Government Gazette A 58/30.04.1991 (kodiko.gr)

(Source not available re Circular Order 7100/22/4a/2005 of the Chief of Police)

c. If I am handcuffed, am I arrested?

You are under police custody if you do not feel free to leave an officer's presence, or if a reasonable person in your shoes would not feel free to leave.

If the following happens, you are likely under arrest under the law:

an officer handcuffs you;
an officer forcibly holds you down;
an officer puts you into the back seat of a police car; or
an officer warns you about your rights.

Law enforcement officers may only handcuff someone who may be a flight risk (i.e., try to escape) or who reacts violently.

Restrictions on the freedoms of a minor shall always use the least restrictive means and should be imposed only for the minimum amount of time necessary.

In the police station, minors are detained in specially designed rooms, separated from adults. During their detention, they are to be provided with care, protection, and any personal help (social, educational, psychological, and medical) required by their ages, gender, and personalities. The police should cooperate with public social services or authorized non-public services, so as to assist the minor and protect his/her rights.

Primary Source:

LAW 4236/2014 - Government Gazette A 33/11.02.2014 (kodiko.gr)

Microsoft Word - kodikas_deodologias.doc (policinglaw.info)

Article 3 of the Code of Ethics for the Hellenic Police outlines that law enforcement officers may handcuff individuals who are a flight risk or individuals who react violently.

Article 278 of the Code of Criminal Procedure outlines the way police should behave when you are being arrested.

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

d. If my liberty is restricted, am I under arrest?

If your liberty is restricted, you are not necessarily under arrest. However, you may be under detention.

Primary Source:

'Boundaries of Liberty' report by the European Council of Refugees and Exiles at page 11 explains that under case law of the ECtHR, detention constitutes a deprivation of liberty.

boundariesliberty.pdf (asylumineurope.org)

(Source not available in Greek)

Article 74(15)(i) of PD 141/91 establishes that individuals who fail to demonstrate valid identification documents can be escorted to the police station for further identification.

Presidential Decree 141/1991 - Government Gazette A 58/30.04.1991 (kodiko.gr)

Circular Order 7100/22/4a/2005 of the Chief of Police outlines that there is no legal definition of "suspicions."

(Source not available re Circular Order 7100/22/4a/2005 of the Chief of Police)

Greece Human Rights Report 2022 at page 6.

Greece - United States Department of State

(Source not available in Greek)

Article 275 of the Code of Criminal Procedure establishes the power of arrest held by police officers, who have the right to bring an offender before the court prosecutor. If the prosecutor deems that there are serious reasons this individual has committed a criminal offence, detention may be ordered as defined in Articles 282 of the Code of Criminal Procedure (under the restraints of Article 287).

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

7. What To Do After Being Warned of Your Rights

It is important to follow this advice:

You can use your right to remain silent or any of your other rights (e.g., the right to an attorney) by saying that you want to use that right.
You are also able to waive your rights (that is, not use them) by, for example, saying 'Yes, I understand my rights but I am ready to talk to you.' This is not a good idea without a lawyer present.
Make sure you know what you're doing in giving up your rights
You have the right to inform someone close to you of your arrest (e.g., family or close personal friend)

a. How do things change if I am read my rights by police?

If you are read your rights by the police, you know you are under arrest.

You can use your right to remain silent or any of your other rights (e.g., the right to an attorney and the right to inform someone close to you of your arrest) by saying that you want to use that right. The fact you remain silent when questioned by the police does not stop you from giving a reason for your actions for the first time at the trial. However, the court or the prosecutor may ask for an explanation as to why you did not mention your reasoning for your actions at an earlier stage.

There are specific differences in the criminal procedure against minors and adults. Mainly:

The law stipulates the need for the prosecutor to understand your mental and societal background before the case is presented before the competent court.
If you are under 15 years old, you are not to be deprived of your liberty.
A court case involving a minor (under the age of 18) cannot be fast tracked.
You have the right to request the presence of your family or social service workers in every step of the procedure.

Minors must be accompanied by a person exercising parental responsibility at all stages of the criminal proceedings including the investigation stage. The only exceptions to this are where the presence of a parental responsibility holder may not be in the best interests of the child; or if it has been impossible to find or communicate with the parental responsibility holder or his or her presence may substantially jeopardize the criminal proceedings. In such cases, the child has the right to nominate another appropriate adult to accompany him or her. If the person nominated by the child is not acceptable to the prosecutor another person may be designated from a body responsible for the protection of children.

The police must behave with the utmost courtesy and respect towards you if you are being arrested.

If you are being arrested the police officer must inform you of the following:

your right to remain silent,
your right to access a lawyer,
your right and conditions in obtaining free legal advice,
the reason for your arrest,
the translation of these rights in a language you understand, if you do not speak Greek.

Primary Source:

Article 3 of the Code of Ethics for the Hellenic Police provides that police must immediately inform detainees of the reason for their arrest and detention and for any charge against them.

Microsoft Word - kodikas_deodologias.doc (policinglaw.info)

Section 2 of the Fair Trials Advice Note details rights upon arrest and investigation by police.

(Fair Trials Advice Note (updated link))

(Source not available in Greek)

Articles 4, 14 and 16 of Law No. 4689/2020 establish the right to information for minors, right to be accompanied by the person exercising parental care during the procedure and the right to legal aid.

LAW 4689/2020 (Codified) - Government Gazette A 103/27.05.2020 (kodiko.gr)

Article 121 of the Greek Penal Code defines a 'minor' as between the ages of 12-18.

Penal Code (Law 4619/2019) - Ratification of the Criminal Code | Legislation | Lawspot

Article 278 of the Code of Criminal Procedure outlines the way police should behave when you are being arrested.

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

LAW 4236/2014 - Government Gazette A 33/11.02.2014 (kodiko.gr)

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

b. Does it matter where I am when the police read me my rights? (street, station, police car, etc.)

No. The location does not limit or change your rights. The police must immediately inform you of the reasons for your arrest and detention, for any charge against you, your rights and for the procedure applicable to your case (and in another language if you cannot understand the language that is spoken to you).

If you are being arrested the police officer must inform you of the following:

your right to remain silent,
your right to access a lawyer,
your right and conditions in obtaining free legal advice,
the reason for your arrest,
the translation of these rights in a language you understand, if you do not speak Greek.

If the police do not immediately inform you of your rights at the time of arrest and wait to reach an alternative location until doing so, the arrest may be invalid.

Primary Source:

Article 95(1)(c) of the Greek Code of Criminal Procedure provides that the suspect or the accused has the right to be informed about the accusation.

Article 3 of the Code of Ethics for the Hellenic Police provides that police must immediately inform detainees of the reason for their arrest and detention and for any charge against them.

Microsoft Word - kodikas_deodologias.doc (policinglaw.info)

LAW 4236/2014 - Government Gazette A 33/11.02.2014 (kodiko.gr)

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

Article 171(1)(b) of the Code of Criminal Procedure states that if the correct process is not followed during the pre-trial procedure, then the criminal case is invalidated.

c. Is an arrest invalid if I am not informed of my rights?

Yes. An arrest is invalid (not legally correct) if you are not informed of your rights by the police at the time of arrest or if you are not informed of any criminal proceedings (court cases) that have been made against you in relation to your arrest.

You have the right to be informed throughout the entire pre-trial period from when you are arrested. This includes preliminary inquiry by the police (i.e., being questioned by the police), main investigation of offences and the process of indictment (being formally charged) from the court.

Any evidence collected pursuant to an invalid arrest cannot be used in court.

Primary Source:

Article 171(1)(b) of the Code of Criminal Procedure states that if the correct process is not followed during the pre-trial procedure, then the criminal case is invalidated.

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

Article 1 of EU Directive 2010/64/EU on the Right of Interpretation and Translation During Criminal Proceedings and Article 3 of EU Directive 2012/13/EU on the Right to be Informed during Criminal Proceedings state that an individual is to be informed of their rights from the moment they are informed by the competent public authority of the suspicions or accusations against them for the commitment of a specific criminal offence.

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

Article 176 of the Code of Criminal Procedure establishes that evidence gathered pursuant to an invalid arrest cannot be used in court.

8. Police Questioning You

It is important to follow this advice:

You are not required to make a statement, answer police questions or participate in a police investigation, and you never have to go anywhere with the police unless they have arrested you.
If police have arrested you and if you are under the age of 18, police are required to immediately notify your parent, caretaker, or legal guardian.

a. Am I required to make a statement?

You are not required to make a statement, answer police questions, or participate in a police investigation, and you never have to go anywhere with the police unless they have arrested you. You have the right to remain silent.

When deciding whether to talk to the police or make a statement, you should always follow the advice of your lawyer. If you have not seen a lawyer, it is generally advisable not to talk to the police.

Because of their age and greater vulnerability, minors (anyone under the age of 18) are entitled to special protection and special treatment by the police. This special protection is guaranteed by international commitments that Greece has guaranteed under domestic law.

Primary Source:

Law No. 4236/2014 establishes these rights.

LAW 4236/2014 - Government Gazette A 33/11.02.2014 (kodiko.gr)

Section 2 of the Fair Trials Advice Note details rights upon arrest and investigation by police.

(Fair Trials Advice Note (updated link))

(Source not available in Greek)

Article 6 of EU Directive 2016/800/EU on the Procedural Safeguards for Children Who Are Suspects or Accused Persons in Criminal Proceedings provides for the minor's right to assistance by a lawyer.

International Convention on the Rights of the Child - As ratified by Law 2101/1992 | Legislation | Lawspot

Law No. 2101/92, which translated into domestic law the United Nations Convention on the Rights of the Child, requires special treatment of minors by the police.

LAW 2101/1992 - Government Gazette A 192/02.12.1992 (kodiko.gr)

b. Must police notify my guardian?

You have the right to request a telephone call with your parents or guardian at any stage of the process.

If you request that the police do not communicate with your parents or guardian, and instead choose an alternative person to notify, the final decision on the subject shall be made by the pertinent Public Prosecutor for Minors.

Minors are distinguished in three categories:

minors under 12 years old are not considered criminally responsible;
minors over 15 might be sanctioned with the deprivation of their liberty; and
minors between those categories are sanctioned with a variety of reformative measures.

The following case law is relevant for this response:

European Court of Human Rights, 51693/13 (Modestou v. Greece)
Hellenic Supreme Court (Areios Pagos) 1/2017
Court of First Instance of Thessaloniki, 696/2017
Court of First Instance of Larissa, 445/2012

Primary Source:

Article 5 of EU Directive 2016/800/EU on the Procedural Safeguards for Children Who Are Suspects or Accused Persons in Criminal Proceedings provides for the minor's right to have the holder of parental responsibility (or another appropriate adult nominated by the minor) informed.

International Convention on the Rights of the Child - As ratified by Law 2101/1992 | Legislation | Lawspot

Practical Guide for Interaction between Police Officers and Civilians during the Period of the Olympic Games, page 9, Hellenic Republic. Ministry of Public Order. July 2004 (Microsoft Word - GO Practical Guide _English_.doc (statewatch.org)

Law No. 2101/92, which translated into domestic law the United Nations Convention on the Rights of the Child, requires special treatment of minors by the police.

LAW 2101/1992 - Government Gazette A 192/02.12.1992 (kodiko.gr)

Law No. 4689/2020 separates minors into 3 categories.

LAW 4689/2020 (Codified) - Government Gazette A 103/27.05.2020 (kodiko.gr)

MODESTOU v. GREECE (coe.int)

Areios Pagos - Supreme Court of Greece

c. Must I confess?

No. You have no obligation to confess to a crime. You are not required to report to the police a crime about which you have witnessed or heard. It is never a good idea to give false information to the police. Even if you are responsible for something or have information that the police want, it may not be a good idea to share it without having a lawyer present. Anything you say can be used against you in a court of law.

The principle of silence and non-self-incrimination apply so every person accused of a criminal offense enjoys the guarantee "not to be forced to testify against himself or to confess his guilt."

"Nemo tenetur se ipsum incriminare" means that no person can be ordered to incriminate himself.

Primary Source:

Article Violence against employees and judicials' and Article 169 'Disobedience' of the Greek Penal Code could potentially be used in case you do not follow the orders of the police.

Penal Code (Law 4619/2019) - Ratification of the Criminal Code | Legislation | Lawspot

Article 104 of the Code of Criminal Procedure established the principle "Nemo tenetur se ipsum incriminare."

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

d. What adults can I ask to be with me?

You can ask for your parent, legal guardian, or another appropriate adult of your choice to be with you.

Additionally, you can ask for lawyer at any stage of the process.

Primary Source:

Article 6 of EU Directive 2016/800/EU on the Procedural Safeguards for Children Who Are Suspects or Accused Persons in Criminal Proceedings provides for the minor's right to assistance by a lawyer.

International Convention on the Rights of the Child - As ratified by Law 2101/1992 | Legislation | Lawspot

Law No. 2101/92, which translated into domestic law the United Nations Convention on the Rights of the Child, requires special treatment of minors by the police.

LAW 2101/1992 - Government Gazette A 192/02.12.1992 (kodiko.gr)

e. Who do police have to contact if I am a legal minor?

If the police have arrested you and if you are under the age of 18, the police are required to immediately notify your parent, caretaker, or legal guardian.

Police must contact your lawyer upon request.

Primary Source:

Practical Guide for Interaction between Police Officers and Civilians during the Period of the Olympic Games, page 9, Hellenic Republic. Ministry of Public Order. July 2004

Microsoft Word - GO Practical Guide _English_.doc (statewatch.org)

Article 6 of EU Directive 2016/800/EU on the Procedural Safeguards for Children Who Are Suspects or Accused Persons in Criminal Proceedings provides for the minor's right to assistance by a lawyer.

International Convention on the Rights of the Child - As ratified by Law 2101/1992 | Legislation | Lawspot

Law No. 2101/92, which translated into domestic law the United Nations Convention on the Rights of the Child, requires special treatment of minors by the police.

LAW 2101/1992 - Government Gazette A 192/02.12.1992 (kodiko.gr)

f. What's the procedure when being questioned?

If you're a suspect or accused of committing a criminal offense, you will be assessed individually and without delay by the Juvenile Probation and Social Assistance Service after a written order of the competent prosecutor at each stage of the criminal proceedings, prosecutor, or court official.

During your examination, following an order of the competent prosecutor or investigative judge, a child psychiatrist will be present and will remain present during questioning. However, the presence of a child psychiatrist is legally required only in case of certain offenses enumerated in article 12 of law 4689/2020 (such as kidnapping, human trafficking, rape, etc.) They are cooperating for this purpose with the prosecuting, prosecutorial, and judicial authorities.

If you have certain special needs (i.e., mental health / behavioral issues or disabilities) a specialized mental health professional will be present during the questioning to assist you.

During questioning, a minor will be accompanied by the exercisers of parental responsibility both during the pre-trial and during the main procedure according to article 14 paragraph 1 of law 4689/2020.

The law does not specify the time period during which the police can interrogate a minor, except that "the duration of each examination does not exceed the required time."

Primary Source:

Article 7 of EU Directive 2016/800/EU on the Procedural Safeguards for Children Who Are Suspects or Accused Persons in Criminal Proceedings establishes the right to an individual assessment.

Article 13 of EU Directive 2016/800/EU on the Procedural Safeguards for Children Who Are Suspects or Accused Persons in Criminal Proceedings provides for the timely and diligent treatment of cases, including taking into account any special needs of the minor.

LAW 4689/2020 (Codified) - Government Gazette A 103/27.05.2020 (kodiko.gr)

Article 14 of Law No. 4689/2020 and Article 5 of EU Directive 2016/800/EU on the Procedural Safeguards for Children Who Are Suspects or Accused Persons in Criminal Proceedings provide for the right of the child to have the holder of parental responsibility informed.

LAW 4689/2020 (Codified) - Government Gazette A 103/27.05.2020 (kodiko.gr)

Article 12 of Law No. 4689/2020 states that the interrogation of a minor cannot exceed the required time.

9. How do I Contact A Lawyer and When?

It is important to follow this advice:

You should always contact a lawyer before making any statements to anyone in a criminal case or investigation.
This applies even if you are told that police officers only want to question you and/or you are only a witness.
While you do have to wait until you attend court to get a lawyer appointed if you cannot afford your own lawyer, you should still ask for a lawyer as soon as you are questioned or arrested by the police. If you are arrested, you have the right to remain silent and to not speak until your lawyer is present.

a. What if I am just a witness?

You should always contact a lawyer before making any statements to anyone in a police interview, criminal case, or investigation. This applies even if you are told that (i) police officers only want to question you and/or (ii) you are only a witness. If you have not seen a lawyer, it is generally advisable not to talk to the police.

The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has emphasized that the right of access to a lawyer should be enjoyed by anyone who is under legal obligation to attend a police establishment (including as a witness).

But there is no statutory right, as a witness, to be represented by legal counsel.

Primary Source:

The European Convention on Human Rights and Policing at page 124.

The European Convention on Human Rights and policing (coe.int)

'Study on Children's Involvement in Judicial Proceedings – Contextual Overview for Civil Justice – Greece' at page 36

Study on children's involvement in judicial proceedings – contextual overview for civil justice – Greece (europa.eu)

b. How do I contact a Lawyer & when?

The police must inform you of your rights as a suspect, which include the right to have a lawyer and an interpreter. You should get this information orally upon arrest and it should be confirmed once in the police station.

Minors have the right to access a lawyer as soon as they are a "suspect." If you cannot afford your own lawyer, you should still ask for a lawyer as soon as you are questioned or arrested by the police. Αny citizen of the European Union is entitled to legal aid to cover legal fees if they cannot afford to pay themselves.

The Code of Criminal Procedure grants minors the right to access legal advice without cost, provided that:

they are not employed (in which case they are assessed on their parents' income) and they meet the financial criteria for legal aid; and
they are accused of a felony, or

they are accused of a misdemeanour, and such crime would be punishable with a sentence of at least 6 months of imprisonment if it was committed by an adult.

You should always contact a lawyer before making any statements to anyone in a police interview, criminal case, or investigation. This applies even if you are told that police officers only want to question you and/or you are only a witness. If you have not seen a lawyer, it is generally advisable not to talk to the police. If you are arrested, you have the right to remain silent and to not speak until your lawyer is present. You can use your right to remain silent or any of your other rights (e.g., the right to an attorney and the right to inform someone close to you of your arrest) by saying that you want to use that right.

In order to contact a lawyer in Greece, you will need to be put in contact with the local bar association. Lawyers are organised into bar associations in Greece. There is a bar for each large city. The largest one is the Athens Bar Association (English site).

Primary Source:

(Fair Trials Advice Note (updated link))

(Source not available in Greek)

International Convention on the Rights of the Child - As ratified by Law 2101/1992 | Legislation | Lawspot

Law No. 2101/92, which translated into domestic law the United Nations Convention on the Rights of the Child, requires special treatment of minors by the police.

LAW 2101/1992 - Government Gazette A 192/02.12.1992 (kodiko.gr)

10. Do Police Always Have To Tell The Truth?

It is important to follow this advice:

If you are investigated for severe criminal offences, the police may use special investigative techniques, e.g., undercover operations or infiltration.
You should always tell the truth to the police. You may also invoke your right to remain silent.

a. Can the police lie to me?

Yes. The police may lie to you during an investigation, including lying about the strength of the case they have against you or about evidence they have in their possession. Police may try to pressure you to achieve their goals. Bear in mind that youth cannot be put on trial under expedited / fast-track proceedings, and therefore there is no need to panic. Sometimes police will lie to try to get you to talk more.

For example, if you are investigated for severe criminal offences, the police may use special investigative techniques, e.g., undercover operations or infiltration.

Primary Source:

(Fair Trials Advice Note (updated link))

(Source not available in Greek)

https://www.lawspot.gr/nomikes-plirofories/nomothesia/nomos-4620-2019

Article 254 of the Code of Criminal Procedure provides for the use of special investigative techniques.

b. Do I have to tell the police the truth?

You should always tell the police the truth. Anything you say can be used against you in a court of law.

But you can also use your right to remain silent.

Primary Source:

Article 167 'Violence against employees and judicials' and Article 169 'Disobedience' of the Greek Penal Code could potentially be used in case you do not follow the orders of the police.

Penal Code (Law 4619/2019) - Ratification of the Criminal Code | Legislation | Lawspot

LAW 4236/2014 - Government Gazette A 33/11.02.2014 (kodiko.gr)