With the social unrest prevailing today, family relationships are certainly affected. Indeed, tensions can often arise between family members, which unfortunately may include elements of violence. For this reason, it is important to know how victims of domestic violence are legally protected and how one can disengage from such situations without cost to their physical and mental health. All of the above are now regulated by Law 3500/2006, which we present in this text.

1.What is the concept of “family” according to the law?

Under this specific law, the use of violence among family members is prohibited. However, it is crucial to define the concept of family in order to understand which individuals are included. When violence occurs among family members, the penalties prescribed by this law are much stricter than those of the Civil and Criminal Code.

Specifically, family, according to the law, is considered to be a group of people connected by marriage or cohabitation agreement, as well as their children with whom they share a blood or marital relationship up to the 4th degree.

It is important to note that the law includes partners/spouses, legal representatives, and guardians of minors, even if they are former partners, within the concept of family. Victims of domestic violence also include minors, if criminal acts are committed in their presence—even if they do not directly experience violence.

2.What does the term “violence” include?

It is true that this concept can cause confusion due to its general and abstract nature. Therefore, we will mention some cases that constitute forms of violence against family members, as determined by Greek courts:

• Infliction of bodily harm, if it is dangerous to severe.
• Infliction of even slight bodily harm, if it may lead to more severe harm.
• Psychological violence, such as neglect of minors and manipulative behavior.
• Prolonged isolation, deprivation of food, or deliberate infliction of pain.
• Threats of committing the above acts (however, the victim must feel fear).
• Sexual assault on a minor, as well as rape of any family member.

3.What if it is a case of rape?

As mentioned above, rape as an act falls under the concept of “violence” required by the law, and thus the perpetrator will be criminally prosecuted for this specific act. Specifically, the provisions of the Criminal Code will be applied, which prescribe particularly strict penalties, including:

• If it is rape against the victim, the perpetrator faces imprisonment from 10 to 20 years.
• If it is an offense against the sexual dignity of a minor, the perpetrator faces imprisonment of at least 1 year.
• If it is the abuse of a minor, the perpetrator faces imprisonment of at least 10 years if the minor is under 14 years old and has been entrusted to their care (as is the case with the minor’s guardian).
• If the perpetrator facilitates the sexual offense against the minor (e.g., by publishing an advertisement or providing the minor’s phone number), they face imprisonment of at least 3 years.

Of course, all of the above crimes do not necessarily constitute “rape” in the literal sense of the term. However, it is useful to understand that these actions occur in such cases, so the more “serious” the crime, the more severe the treatment of the perpetrator by the law. The Criminal Code itself has added as an aggravating circumstance in these crimes when they occur among relatives/in the context of family cohabitation.

4.What are the consequences regarding marriage?

If an incident of domestic violence occurs, it not only has psychological consequences on family members but also creates evidence of serious disruption of the marriage. This means that if an incident of domestic violence occurs within the family, the law considers the marriage to have been so seriously undermined that its continuation is no longer justified, paving the way for a divorce lawsuit. Importantly, in such cases, the accused cannot present counter-evidence, as the evidence is incontrovertible.

Additionally, if an incident of domestic violence occurs, it is considered by the law as sufficient grounds to remove parental custody from the parent, and it may either be granted to the other parent, a third party, or a guardian appointed by the court. The parent from whom custody has been revoked may also be permanently excluded from regaining custody in the future.

5.How is criminal prosecution conducted?

Regarding criminal prosecution, it should be noted that if the incident of domestic violence involves a crime of bodily harm/threat/rape/sexual assault, then criminal prosecution will be initiated ex officio, meaning the victim does not need to file a complaint. Particularly significant is that if the crime committed is a misdemeanor—punishable by imprisonment for up to 5 years—the procedure of criminal mediation may be applied. This means that a compromise may be reached between the perpetrator and the victim to prevent the perpetrator from repeating the act in the future, and simultaneously avoiding a formal trial, thus resolving the case “informally”. For the criminal mediation process to be applied, certain conditions must be met cumulatively, specifically:

• The perpetrator must promise not to commit any acts of domestic violence in the future, and if living with their spouse, they will relocate elsewhere if requested by the other party.
• They must engage in therapy or counseling sessions with a public agency to understand the consequences of their actions and seek help if needed.
• They must attempt to rectify the consequences suffered by the victim due to the act of domestic violence and provide compensation if necessary.

6.And if the perpetrator does not comply?

The rule in these cases is that if the perpetrator complies with the decision of criminal mediation and does not commit any similar acts for 3 years, then there is no longer a punishable offense, and the perpetrator cannot be prosecuted criminally for their actions. However, if the perpetrator fails to fulfill their obligations or violates any of the restrictive terms set by the prosecutor, then the following consequences arise according to the law:

• The criminal mediation process stops and is considered never to have started.
• The prosecutor will continue the criminal prosecution against the perpetrator, who will be summoned to court as a defendant.
• The perpetrator can no longer submit a (new) request for criminal mediation.
• The spouse of the perpetrator may sue for compensation for the damage suffered from the incident of domestic violence.
• The spouse of the perpetrator is not prevented, despite the criminal mediation process, from filing for divorce against them.

7.What happens in an emergency situation?

In practice, cases of domestic violence require great vigilance (legally) to prevent the worst, as every minute is crucial. For this reason, the law stipulates that the victim, before filing a complaint against the perpetrator or before filing a lawsuit, may request from the court the issuance of a protective measure against the perpetrator, a temporary regulation of the situation.

Specifically, the court may, if the victim’s request is accepted, order the removal of the perpetrator from the family home and/or prohibit them from approaching the victim’s workplace/residence or the children’s school (if there are children and they were victims of domestic violence).

It takes approximately 1 month for the request for protective measures to be adjudicated and a decision to be issued. Therefore, it is useful to request the issuance of a temporary injunction so that from the day the application is submitted until the decision is issued, there is a temporary decision by the judge regulating the situation. This is because circumstances may change in the future until a decision is issued on the application, and situations may arise that cause irreparable harm to the victim and cannot be legally reversed.

8.When do the victim’s claims expire?

Firstly, it must be understood that crimes of domestic violence are just common crimes of the Penal Code committed in the family environment, with the corresponding name. Why does this matter? Because the statute of limitations is separate for each crime, and it must be clear which actions the perpetrator committed so that we know when they expire. For example, if rape is committed against a relative, the crime, because it is a felony, will prescribe in 15 years from the date it occurred. The same will apply to each crime committed separately.

It is crucial when the crime is directed against a minor. Here, the law stipulates that for these acts, the statute of limitations starts from when the minor reaches adulthood = during the interim period, it is suspended, and thus the time “does not run”. Especially, if the crimes are trafficking in persons and abduction of minors, their statute of limitations will start 1 year after the minor becomes an adult = when they are 19 years old, and if these crimes have been committed in their criminal form, then their statute of limitations starts as soon as the minor turns 21.

9.Is the victim protected to testify as a witness?

To ensure the smoothness of the trial in the courtroom and to avoid collusion among the parties, the law stipulates that in trials related to cases of domestic violence, family members of the perpetrator are examined without taking an oath = they cannot be criminally prosecuted if they lie during their examination. Additionally, if they are relatives of the accused up to the 3rd degree = including nieces and nephews, they can refuse to testify as witnesses in court if their interests conflict with those of the accused, especially if there is a risk of falling into contradictions or giving false testimony with the purpose of indirectly defending the perpetrator.

To protect the anonymity of the victim and shield them from potential offenses, the law establishes an obligation for law enforcement authorities not to disclose the details of the victim and the perpetrator to the media and the public, so that the case itself does not gain traction. The significance of this provision is reinforced by the fact that anyone who circumvents it is punished by the court with imprisonment of up to 2 years.

Finally, if the victim of domestic violence is a minor, they will not be summoned by the court to testify as a witness in the trial, but their statement given at a previous time will be read. This is because even facing the perpetrator of the attack may create disruptive situations in the trial and prevent the victim from telling the truth and thus helping to find the truth.

10.What if the victim cannot cover the legal expenses?

Sometimes, due to the young age of the victims, they may not have the necessary financial resources required for all the expenses of the trial. In order not to deter them from filing a complaint, and thus actively participating in the trial process, the law provides them with some facilitations:

• If the victim of domestic violence requests the issuance of a protective measure against the perpetrator, then they may be granted the so-called “benefit of poverty.”
• The benefit of poverty is a financial provision that covers the expenses of the trial to a certain extent, including the execution of the decision (which often incurs excessive costs).
• The decision granting the victim the benefit of poverty may also appoint them a lawyer who will represent them in court.
• However, if the defendant wins the case, the victim is not exempt from paying their expenses.
• If the defendant proves that they were a victim of domestic violence, then solely by this fact, the court grants them the benefit of poverty.
• Therefore, the victim will not need to prove that they are indigent/lack the necessary financial means required for the expenses of the trial.

Next to the client and his needs.

Athina Kontogianni-Lawyer

 

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