After the recent incidents involving clashes among minors, a discussion has begun regarding the penalties imposed on minors and the leniency of the law towards them. But is this really the case? In this text, we will examine how the law treats minors, when they can be imprisoned, and under what conditions they can be released. This will provide a clearer understanding of the legal system in Greece today concerning the phenomenon of violence among minors.

1.What kind of crimes do minors commit according to the law?

Taking into account their young age, the law treats crimes committed by minors as misdemeanors. This distinction has several consequences, one of which is the statute of limitations for the crime (misdemeanors expire five years from the day the defendant committed the crime, and this limitation cannot be extended for more than three years). Thus, the maximum statute of limitations for a crime is eight years, which also applies to minors.

Additionally, if a minor is younger than 15 years old, the crime they committed is not attributed to them—they will remain out of prison and will be subject to corrective or therapeutic measures, as we will see later. Moreover, if the minor is younger than 12 years old, they bear no criminal responsibility, and no corrective or therapeutic measures can be imposed. Minors are also released under more favorable conditions from prison, as the penalties imposed on them are not considered imprisonment in a way that complicates their path to release.

The legal age of the defendant when the crime was committed is crucial in determining if someone is considered a minor. In other words, it does not matter if the individual has reached adulthood by the time they are tried in the relevant court. According to the law, it is first examined whether corrective or therapeutic measures can be imposed on the minor to help them understand the severity of their actions. If these measures fail, the minor will be placed in a juvenile detention center—a facility for minors where no adults are present.

2.When can pre-trial detention be imposed on minors?

As mentioned in our text regarding the changes to the New Penal Code, the path to imprisoning minors has become easier following legislative changes. Specifically, only minors who are at least 15 years old can be held in juvenile prisons. Furthermore, the crime they committed must be classified as a felony if it were committed by an adult (this classification is based on the severity of the penalty, with felonies carrying a sentence of more than five years).

For a minor to be sentenced to confinement in a special facility, the court must justify why corrective or therapeutic measures failed in their case or why these measures are likely to fail. The detention of a minor in a juvenile facility can also be imposed if the minor violates the measures imposed on them and fails to comply, even if they have already received a warning from the relevant prosecutor. The court’s decision must specify the exact period the minor will remain in juvenile detention.

The law no longer requires that the crime committed by the minor involve violence or threaten the life or physical integrity of the victim—any crime that can be classified as a felony under the Penal Code, if committed by a minor, legally allows for the offender to be imprisoned. The court, on the other hand, has the option to convert the minor’s sentence to community service for a specified number of hours or allow the minor to serve their sentence under electronic monitoring (commonly known as the ‘bracelet’).

3.How long does pre-trial detention last?

Pre-trial detention refers to the holding of a minor in a corresponding facility (i.e., juvenile prison) from the day of their appearance before the investigative judge until the day of the trial. Specifically, the law provides that:

• Only minors aged 15 and over can be held in pre-trial detention if they have committed a crime that would be classified as a felony if committed by an adult.
• The duration of a minor’s pre-trial detention cannot exceed six months.
• Pre-trial detention for minors cannot be extended beyond six months (unlike adults).
• The warrant imposing pre-trial detention must specifically justify why corrective/therapeutic measures would not be effective in changing the minor’s behavior, considering their personality and character traits.
• The same applies to the restrictive conditions imposed on the minor (e.g., posting bail, travel restrictions, mandatory periodic appearances at a police station, etc.). These conditions must also be deemed insufficient for the minor.
• If the minor requests it, they may remain in their home under electronic monitoring, provided that all necessary legal conditions for detention are met (as previously analyzed).
• In general, pre-trial detention is imposed on a minor when they are considered a flight risk or a danger to commit other crimes if released. However, it is not enough for the court to merely assess the severity of the crime; other factors must also be considered.
• The minor has the right to appeal the decision of the investigative judge who imposed the pre-trial detention or the council of misdemeanors court, requesting that the detention be lifted or replaced with a restrictive condition (even with electronic monitoring).

4.What has changed in filing a complaint today?

Regarding the complaint for a criminal act committed, it (the complaint) can be made by any third party other than the victim, primarily by witnesses of the incident. The complaint can be filed directly with the public prosecutor or with an investigative officer (police, coast guard, etc.). It can be submitted either directly by the complainant or by someone authorized by the complainant. However, in this case, the authenticity of the complainant’s signature must be certified by any public authority, electronically, or by a lawyer. If the complaint is made orally with a written report, certification of the signature’s authenticity is not required.

The situation is different with the so-called ‘claim,’ which is essentially the victim’s statement expressing their desire to pursue criminal prosecution against the perpetrator. The claim is made following the same procedures as the complaint. The law requires that the victim’s claim describe the criminal act accurately (without necessarily giving it a legal classification) and that the facts support a charge for a crime punishable under the Penal Code or other laws. The claim must not be vague or obviously unfounded, as it risks being dismissed by the prosecutor.

A recent change is that anonymous complaints (from third parties) are now immediately dismissed by the relevant prosecutor without any further investigation. The same applies if the complaint is made using a non-existent name or does not follow the legal procedures outlined earlier. For a victim to file a claim today, they must first pay a fee of 100 euros. This fee is not required in cases involving crimes against sexual freedom, domestic violence, or crimes motivated by racism, among others. The fee is also not required when the crime is committed against a public organization or civil servant, and the claim is filed by the civil servant on behalf of themselves or the organization they work for.

5.What are the so-called measures imposed on minors?

A key feature of the law is that it generally imposes corrective or therapeutic measures on minors for the actions they commit. Corrective measures that the court may impose include placing the minor in foster care, requiring the minor to attend a therapeutic program, assigning the minor to community service, or placing the minor in an institution, among other options. The court can impose either a single measure or a combination of measures, depending on the specific circumstances of the minor. The maximum duration of the corrective measure imposed on the minor must also be specified.

Therapeutic measures may include placing the minor in the care of another family, admitting the minor to an institution, or requiring the minor to participate in a therapeutic program. These measures are similar to corrective measures but are specifically intended for cases where the minor suffers from a mental disorder, addiction to alcohol, drugs, or electronic devices, and is unable to overcome these issues on their own. If any of these conditions apply, the minor is considered to require special treatment, justifying the imposition of these measures by the court.

The court also has the authority to replace the corrective measures imposed on the minor with therapeutic ones at any time, provided there is a report from the relevant juvenile service. It can also terminate these measures if the purpose for which they were imposed has been fulfilled, meaning that the minor’s behavior has improved, they are now physically and mentally healthy, and they have recognized the seriousness of their crime. Measures imposed on the minor generally cease to be in effect when the minor reaches the age of 18, although they can be extended up to the age of 25 in exceptional cases, following a corresponding report.

6.How are minors referred to trial?

When it comes to referring the accused to court, the law provides the following options: either the accused is referred by a decision of the council of misdemeanors court, which, once it becomes final, “seals” the referral of the accused to the courtroom for trial. The accused has the legal right to appeal this decision if they believe it to be incorrect.

Alternatively, the accused can be referred to court by a direct summons, which is a document served to them specifying the trial date. For the accused to be referred in this manner, the prosecutor must agree to the referral, and the president of the court of appeals must also provide their consent. This method bypasses the often lengthy process of judicial councils.

Since the law no longer differentiates in the case of a minor defendant who is to be tried, the minor can be referred to court using either of the two methods described. However, for a minor to be directly summoned to court, they must have committed a felony under specific laws (e.g., drugs, weapons, etc.), or they must have committed a particularly serious theft or robbery, as only these specific crimes allow the accused to be referred to the courtroom by direct summons.

7.What is the difference between serious bodily harm and simple bodily harm?

This distinction is significant because serious bodily harm can lead to a prison sentence (5 to 20 years) for the accused if they inflicted it on the victim intentionally. In contrast, simple bodily harm is punishable by up to 2 years in prison or just a fine. Simple bodily harm as a crime is prosecuted only upon the victim’s complaint, while serious bodily harm is prosecuted ex officio as an offense.

Serious bodily harm generally refers to harm that can put the victim’s life at risk or cause long-term illness, serious mutilation, or even disability. This includes acts that prevent the victim from using their body or mind for a considerable period. These criteria are more objective, as the consequences of the act have a lasting impact on the victim’s physical or mental health.

The standard for serious bodily harm is that it is punishable by at least 2 years in prison (up to 5 years) if it is caused by negligence or with conditional intent—the perpetrator accepted the possibility of causing serious bodily harm to the victim but believed it would not actually occur. If, on the other hand, the perpetrator deliberately intended to cause serious bodily harm, they are punishable by 5 to 20 years in prison. If the serious bodily harm resulted in the victim’s death, the perpetrator faces a prison sentence of up to 10 years.

8.Can minors serve their sentence under house arrest with an electronic bracelet?

If a minor sentenced to imprisonment wishes to serve the remainder of their sentence at home under electronic monitoring, the law provides this option under certain conditions. Specifically, the minor must have served one-third of the sentence imposed on them and, in any case, must have remained in prison for a period equal to one-fifth of their sentence.

The court may also grant the minor permission to leave their home for certain hours each day for reasons such as education, health, participation in a rehabilitation program, etc. These hours can also be determined by the prosecutor, who has the right to modify them if they are deemed incompatible with the personality and characteristics of the convicted minor.

Finally, if the minor commits a misdemeanor as an adult during the period of electronic monitoring and is subsequently convicted with a final decision to at least one year of imprisonment, then their release from prison is revoked, and they are required to return to prison. The same applies if the individual, as an adult, commits a crime considered a felony by law. If the minor successfully completes the probationary period without committing any crime, the sentence is considered to have been served, even though it was served under electronic monitoring.

9.When can a minor be released from prison?

Regarding the time when a minor may be released from prison, the law specifies the following:

• A minor can be released from a juvenile detention center after serving half of their sentence.
• The court also sets a probationary period during which the minor must not commit the same or another crime; otherwise, they will return to prison to serve the remainder of their sentence.
• This probationary period can last up to the remainder of the sentence that the minor has to serve after subtracting the portion already served in prison.
• If the above conditions are met, the court is obligated to release the minor from prison unless, with a special justification, it deems it necessary for the minor to remain in detention.
• If the minor’s release application is rejected by the court, they can submit a new application two months after the rejection unless new evidence is found, in which case the new application can be submitted earlier.
•  Before the court convenes to consider the minor’s release application, the minor must be notified at least ten days in advance and can attend in person or through a lawyer to present their case.
• If there are compelling reasons and the minor has already served one-third of their sentence, they may submit an exceptional application for release, which the court may accept.
• If the minor violates the conditions imposed during their release period, their release may be revoked if it is believed that the minor will not fulfill their obligations in the future.

10.What does the law provide in cases of a brawl?

Given that brawling is a fairly common crime, especially among minors, the law has specifically addressed it. More precisely, it states that each participant (even a minor) is punished for the crime of brawling simply by their involvement—meaning that mere participation in the altercation is enough, regardless of whether they received blows, etc.

However, the participant may remain unpunished if it is proven that they were involved in the brawl without fault. This means that if the minor was attacked by several others (since a brawl, by definition, involves more than two participants), they are considered to be in self-defense and thus will not be punished for their involvement. However, the force used against the attackers must be proportionate to the force received, meaning it must not exceed the necessary level of defense.

Otherwise, the penalty for the crime of brawling is set by law at up to three years of imprisonment or a fine. The fact that the law mentions that a brawl must result in death or serious bodily injury to one of the victims is not a necessary element for the crime to be considered committed—the crime is deemed complete with the mere participation of the perpetrator in the brawl, and death or serious bodily injury are only considered as aggravating factors when determining the penalty.

Next to the client and his needs.

Athina Kontogianni-Lawyer

The above does not constitute legal advice, and no responsibility is assumed for it. For more information, please contact us.