THE RIGHTS OF VICTIMS OF CRIME

Victims right to understand and to be understood

(according to Article 56 of Law 4478/2017) This describes the obligations of the police or other competent authority with whom the victim first comes into contact. 1. The police or other competent authority, upon first contact with the victim, shall take appropriate measures to help the victim to understand and be understood, from the first contact and in any further necessary communication in the context of the criminal proceedings, and to understand the information provided by the police or other competent authority. 2. Upon first contact with the victim, the Police or other competent authority shall use simple and comprehensible language when communicating with the victim, either orally or in writing. To this end, account shall be taken of the personal characteristics of the victim, in particular his or her age, maturity level, mental and intellectual capacities, level of education, linguistic competence, any hearing or visual impairments, as well as his or her heightened emotional state, which may affect his or her ability to understand or be understood. For this purpose, a guide to rights is available in the most commonly spoken languages as well as in Braille. 3. Upon the first contact with the police or other competent authority, the victim may be accompanied by a person of his or her choice when, because of the impact of the crime, the victim is in need of help to understand or to be understood, unless this is contrary to the interests of the victim or prejudicial to the proceedings, or this person is involved in the offence under investigation.

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Right to receive information from the very first contact with the competent authority

(according to Article 57 of Law 4478/2017) 1. From their first contact with the police or other competent authority, victims shall be provided with the following information without undue delay and through any means possible: (a) on the type of support they can receive and the competent body providing it, including, where appropriate, basic information on access to medical care and any special support, including psychological assistance and accommodation in shelters; (b) on the terms and conditions for the admissibility of the lodging of a complaint and the right to lodge a civil action within criminal proceedings; c) on the procedure and conditions for the provision of protective measures; (d) on the procedure and conditions for the provision of legal aid; (e) on the procedure and conditions for claiming compensation; (f) on the procedure and conditions for the provision of the right to interpretation and translation; (g) on the procedure and conditions under which their rights are exercised if they reside in another Member State; (h) on existing procedures for lodging a complaint if their rights are not respected by the competent authority; (i) on contact details for communication and information purposes with regard to their case; (j) on existing restorative justice procedures and the authorities responsible for these; (k) on the procedure and conditions for the reimbursement of any costs for their participation in the criminal proceedings. 2. The scope and specificity of the information referred to in paragraph 1 shall vary according to the specific needs and personal situation of the victim and the type or nature of the offence. Each competent authority may further provide additional details at later stages depending on the needs of the victim and the usefulness of these details at each stage of the procedure.

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Victims’ rights when making a complaint

(according to Article 58 of Law 4478/2017) 1. Victims shall receive, upon request, a copy of the complaint they have lodged. To this end, the competent official who receives the complaint must inform the victims of their aforementioned right. 2. Victims who do not understand or speak Greek may submit their complaint in a language they understand or may receive the necessary language assistance, but always under the terms and conditions laid down in the Code of Criminal Procedure or other specific criminal laws. 3. Victims who do not understand or speak Greek shall receive, upon request, a free translation of the document referred to in paragraph 1 in a language they understand.

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Victims’ right to receive information about their case

(according to Article 59 of Law 4478/2017) Being promptly informed about the case is an important right of victims. According to Article 59 of Law 4478/2017, victims at the stage of the investigation of the case may request information on the procedural stage of their case from the competent public prosecutor, provided that the case file has been submitted to the latter. If the victim has lodged a civil action, you can have access to the case file and be provided with the relevant documents as soon as the defendant is summoned to enter a plea, or an arrest warrant or forcible summons is issued against him or her (108 CPC), or if the person accused of committing the offence is summoned by the authorities to give an explanation. Until then, secrecy is maintained in the process. In detail, the right of victims to be informed about their case includes the following: 1. The victim shall be informed without undue delay of his or her right to receive information, upon request, concerning the criminal proceedings instituted following the report of the offence, in particular as regards: (a) Any order or judgment deciding not to accuse or to discontinue the prosecution or not to prosecute the offender, including the reasons or a brief summary of the reasons for such order or judgment. (b) The time and place of the trial and the nature of the charges against the offender. (c) Information on the progress of the criminal proceedings and the final decision issued, in accordance with the relevant provisions of the Code of Criminal Procedure, if he or she become a legal party to the criminal proceedings. (d) Information on the lifting or replacement of the provisional detention by the competent judicial authority. Information concerning the release or escape of the sentenced person or the granting of leave by the competent authorities of the Detention Centre, as well as any measures to protect him or her in the event of release or escape of the offender. The above information shall be provided, subject to the approval of the prosecuting authority, where there is a potential or established risk of harm to the victim, unless there is an established risk of harm to the offender as a result of disclosure of such information. 2. The information referred to in paragraph 1 may be sent to a personal e-mail address indicated by the victim or delivered to the victim in person or to the victim’s appointed lawyer, if a civil defence has been lodged. 3. A victim may at any time withdraw his or her application concerning the exercise of all or part of his or her rights under this Article, with the exception of the rights to information arising from his or her status as a civil claimant.

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The right to translation

(according to Article 60 of Law 4478/2017) If the victim does not understand or speak Greek, he or she may submit the complaint in a language he or she understands or receive the necessary language assistance, but always under the terms and conditions set out in the Code of Criminal Procedure or other specific criminal laws of which he or she will be informed by the competent official. You can request a free translation of the copy of the complaint. Regarding the right of victims to interpretation and translation, the law provides the following (article 60 of Law 4478/2017): 1. At any stage of the criminal proceedings, when a victim who does not speak or does not sufficiently understand Greek is to be examined, he or she shall be provided with free interpretation without delay. Where necessary, interpretation shall be provided for communication between a victim who has lodged a civil action and his or her lawyer at all stages of the criminal proceedings. The right to interpretation referred to in the above subparagraphs shall include appropriate assistance to persons with hearing or speech impairments. If interpretation is otherwise impossible, interpretation of the interpretation through a third language may take place. 2. If necessary, communication technology such as videoconferencing, telephone, or the internet may be used, unless the physical presence of the interpreter is deemed necessary by the examiner. 3. A victim who does not understand or does not speak Greek shall be provided with the following within a reasonable period of time and upon written request: (a) a written translation of the information essential for the exercise of his or her rights in the criminal proceedings, in a language he or she understands, free of charge and to the extent that this information is made available to victims in Greek, (b) a written translation, in a language which he or she understands, of the information and documents referred to in paragraph 1 of Article 59 of the present Law. 4. A victim who has lodged a civil action and who does not understand the language of the criminal proceedings shall be provided, within a reasonable period of time, with a written translation of all essential documents or passages of documents in the proceedings which are essential for the exercise of his or her rights in the criminal proceedings. A victim who has lodged a civil action or his or her attorney may submit a reasoned request for the designation of documents or passages of documents as essential. There is no requirement to translate passages of essential documents which do not contribute to the active participation of victims in the criminal proceedings. 5. In cases of extreme urgency, the written translation may be replaced by an oral translation or oral summary of the content of the essential documents, provided that such oral translation or oral summary does not prejudice the course of a fair trial. 6. A victim who has lodged a civil action or his or her designated attorney may object to a decision finding that no translation of documents or parts of documents is required or when the quality of the translation is inadequate. Objections shall be decided upon by the Public Prosecutor in the pre-trial stage, by the Judicial Council in the pretrial judicial investigation, and by the Court in the main proceedings. 7. The victim has the right to waive the right to translation of documents provided that he or she has previously consulted a lawyer or is otherwise fully aware of the consequences of the waiver. The waiver must be the product of the person’s free will and must not contain any term or contingency. 8. At each stage of the criminal proceedings, the competent law enforcement, prosecuting or judicial authority shall ascertain by all appropriate means whether the victim speaks and understands Greek adequately and whether he or she requires the assistance of an interpreter. The victim has the right to object to a decision finding that interpretation is not necessary or when the quality of the interpretation is not adequate. Objections shall be decided upon by the Public Prosecutor in the pre-trial stage, by the Judicial Council in the pretrial judicial investigation, and by the Court in the main proceedings. 9. Interpretation and translation, as well as any review of a challenge to a decision not to provide interpretation or translation, under this Article, shall not unduly delay the criminal proceedings. 10. The provisions of paragraphs 2 and 3 of Article 233, Article 234, 235 and 236 of the Code of Criminal Procedure shall apply as regards the procedure for the appointment of the interpreter, his or her qualifications, issues preventing him or her from attending, his or her obligations to accept his or her duties, and his or her oath. 11. When a translation of documents which necessarily requires a long period of work is to be carried out, a deadline shall be set for the interpreter to deliver the translation. The time limit may be extended and, if it expires, the interpreter appointed shall be terminated and another shall be appointed. The same shall apply if the person appointed performs his or her duties in an inadequate or negligent manner. Exceptionally, where the victim does not speak Greek and it proves difficult to appoint a suitable interpreter, he or she may give written testimony in a foreign language during the ordinary investigation. The statement shall be included in the case file together with the translation, which shall be completed at a later date in accordance with the above. 12. When there is insufficient knowledge of the language, an interpreter may exceptionally be appointed to act as the interpreter’s interpreter. 13. The examination of the victim at each stage of the criminal proceedings, when it is conducted with the assistance of an interpreter or when there is an oral translation or summary of key documents or when the victim waives the right to translation, shall be the subject of a report or shall be specifically mentioned in the report drawn up by the competent body.

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The right to access victim support services

(according to Article 61 of Law 44782017) For the first time in the Greek legal order, all victims of crime have the right to access general or special social and psychological support services before, during, and after criminal proceedings. The provision of these services is the responsibility of the State and these should be provided free of charge to victims of crime. In particular, Article 61 of Law 4478/2017 provides for the following: 1. Victims, depending on their needs, shall be entitled to have access to free and confidential general or special support and care services, before, during, and for a reasonable period of time after the end of the criminal proceedings. This right may be extended to the victim’s relatives, depending on their needs and the seriousness of the harm they suffered as a result of the offence committed against the victim. 2. The Police or other competent authority to which the victim’s complaint has been lodged shall inform and refer the victim, at his or her request, to support and care services, depending on his or her needs and the seriousness of the harm suffered as a result of the offence. 3. Access to victim support and care services under this Regulation shall not be dependent on whether or not the offence has been duly reported. 4. General or specialized support and care services for victims are provided by the Police and any competent authority, as well as by public bodies such as, in particular, the social services of local authorities of the first and second degree, mental health structures for adults, children and adolescents, Ombudspersons, Community Centers, counselling centers of the General Secretariat for Gender Equality, support structures of the National Centre for Social Solidarity, specialized services for minor victims, such as the Independent Offices for Minor Victims of the Juvenile Probation Service and Probation Service for Adults of the Ministry of Justice, Transparency and Human Rights, where they operate, as well as by legal persons governed by private law and associations of persons organized on a professional or voluntary basis, depending on the nature of the services. 5. The children of female victims of violations of personal and sexual freedom, financial exploitation of sexual life, domestic violence, human trafficking, sex trafficking, and racist crimes shall be entitled to the support and care measures provided for in this Article.

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Support from victim support services

(according to Article 62 of Law 4478/2017) What kind of support can the victim receive from the services? What advice, from where, and how? Despite that fact that, in Greece, there is no single body that provides these services to all victims of crime covering the entire territory of Greece, the legal framework is adequate and outlines the State’s obligation to provide free victim support services. Special support services should be based on an integrated and targeted approach, taking into account, in particular, the specific needs of victims, the seriousness of the harm suffered as a result of the offence, and the relationship between victims, the offenders, the children, and their wider community. A key duty of these services and their staff, who play a key role in supporting victims to recover from and overcome the harm or trauma they may have suffered as a result of the offence, should be to inform victims of the rights set out in this Law so that victims can make decisions in a supportive environment that treats them with dignity, respect, and sensitivity. According to article 62 of Law 4478/2017, the support and care services provided to the victim, at minimum, include the following: (a) information, advice and support on the exercise of the victim’s rights, including the possibility of claiming compensation for harm suffered as a result of the offence, and on how to participate in criminal proceedings, either as a civil claimant or as a witness, (b) information about or direct referral to existing relevant special support services; c) emotional and psychological support; (d) advice on financial and practical matters arising from the crime; (e) advice on the risk and prevention of secondary and recurrent victimization, bullying and retaliation, unless otherwise provided by other public or private services. 2. Victim support and care services should pay particular attention to the specific needs of the victim who has suffered significant harm as a result of the seriousness of the crime. 3. Except for cases in which they are otherwise provided by other public or private services, special victim support and care services shall provide, at minimum, the following: (a) reception centers or other appropriate temporary accommodation for a victim who needs a safe place to stay because of an imminent risk of secondary and repeated victimization, intimidation and retaliation; (b) targeted and comprehensive support for the victim with special needs, such as the victim of racist violence, sexual violence, violence based on gender identity or characteristics, and violence in close interpersonal relationships, including post trauma support and counselling.

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Right to safeguards in terms of restorative justice services

(according to Article 63 of Law 4478/2017) 1. To protect the victim from secondary and repeated victimization and intimidation during provision of possible restorative justice services, where these are provided for by more specific provisions: (a) Restorative justice measures are offered by staff trained to recognize the variable impact of the offer on the victim and to assess his or her specific needs. The victim shall be provided with information on where to access independent support and advice. The victim shall decide whether to accept or reject the offer after at least three (3) weeks have elapsed since the offer was proposed, in order to ensure his or her free and informed consent, which may be withdrawn at any time. (b) Without prejudice to the competence and functional and personal independence of the competent judicial and prosecutorial authorities, restorative justice procedures shall only be applied if they are in the interest of the victim and the measures are intended to remedy the harm suffered by the victim as a result of the offence committed and to prevent further harm. c) The offender must have recognized the essential facts of the case. (d) The victim shall receive full and objective information on the procedure and the likely outcome of that procedure, as well as on the procedures for monitoring the implementing any agreement and its results. (e) The victim shall be offered support before, during, and after his or her participation in any restorative justice proceedings. (f) Any victim who prefers not to meet the offender shall be given the option of indirect mediation or any other appropriate measure unless the competent judicial or prosecutorial authorities deem otherwise. Any decision to the contrary shall state the reasons on which it is based. In any case, any attorney acting on behalf of the offender may submit questions to the victim through the mediator. (g) Conversations in restorative justice proceedings that are not conducted in public shall be confidential and shall not be made public thereafter unless the parties involved agree or unless overriding reasons of public interest so require in the judgment of the competent judicial or prosecutorial authority. (h) Any agreement voluntarily entered into by both parties and authenticated by the competent judge or prosecutor with the concurrence of a clerk shall have the force of evidence of a public document and may be taken into account at any stage of the criminal proceedings between the same parties. (i) In the restorative justice proceedings, the victim or the offender may be given more than one hearing, at the request of the victim or offender, so that the proceedings and their results are fully understood. (j) The victim who took part in the restorative justice proceedings shall be informed of the offender’s ability to fulfil the terms of the agreement. (k) In the restorative justice proceedings, the parties to the dispute shall be provided with information that is beneficial to both parties. (l) In the restorative justice proceedings, both parties to the proceedings may be represented by counsel or in person. 2. When restorative justice proceedings are appropriate, victim support and care services shall encourage the victim to visit the restorative justice services.

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Victims’ rights who reside in another EU member state

(according to Article 64 of Law 4478/2017) The place of residence of the victim outside of Greece does not affect the victim’s rights. In general, if the victim resides in a Member State of the European Union other than the one where the crime was committed, this does not invalidate the victim’s right to lodge a complaint to prosecute the offence and to participate in the criminal proceedings. Specifically, article 64 of Law 4478/2017 provides the following: 1. When the victim resides in a Member State of the European Union other than that in which the offence was committed: a) he or she shall be called to testify immediately after the offence has been reported; and b) the provisions of Article 233(1) of the Code of Criminal Procedure on the use of communication technology, such as videoconferencing, telephone or the Internet, shall apply accordingly. 2. When the victim resides in Greece and the offence committed against him or her was committed in another Member State of the European Union, he or she may submit his or her complaint to the Public Prosecutor of their place of residence, who, if the Greek criminal courts have no jurisdiction, forwards it without undue delay to the competent judicial authority of the corresponding Member State, through the Public Prosecutor of the Court of Appeal. 3. There is no obligation to transmit the complaint to the Member State of the place where the offence was committed if Greek criminal law applies and criminal proceedings have been initiated. In this case, for information purposes and in order to strengthen mutual legal assistance, the Public Prosecutor of the court in which the case is pending shall, without undue delay and through the Prosecutor of the Court of Appeal, inform the competent judicial authority of the Member State in which the offence was committed.

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Right to avoid contact between victim and offender

(according to Article 65 of Law 4478/2017) The victim can be protected from possible contact with the perpetrator of the crime without this being a problem or an obstacle to the course of the criminal proceedings. The aim of this regulation is to ensure the safety of the victim and to prevent secondary or multiple victimization. Practical ways of implementing this right and the adoption of specific measures are also provided for, such as the provision of separate entrances to police buildings and courts, separate waiting rooms, the arrival of the offender and the victim at different times, etc. Specifically, Article 65 of Law 4478/2017 provides the following: 1. The victim may request in writing that measures be taken to prevent contact between him or her and, where appropriate, his or her family members and the offender at the premises of the criminal proceedings. The above-mentioned request shall be irrevocably decided by the Tripartite Plenary Court of the place where the criminal proceedings take place, at whichever stay they may be, by means of the in flagrante delicto procedure. 2. Without prejudice to the provisions of the Code of Criminal Procedure on witnesses, the design of new court buildings should provide for separate waiting areas for each victim.

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Victim protection during the criminal investigation

(according to Article 66 of Law 4478/2017) In order to ensure that the victim is not particularly inconvenienced during investigation of the crime, the law lays down specific rights and procedures (Article 66 of Law 4478/2017). Specifically, provision is made for proceedings without delay, for victims to be accompanied by their legal representative or another person of their choice, for medical examinations to be limited to those that are strictly necessary, and for special arrangements to be made in the event that the victim is a minor. Specifically, Article 66 of Law 4478/2017 provides: Law enforcement, prosecuting and judicial authorities shall ensure that, insofar as the effectiveness of the proceedings is not jeopardized: (a) the examination of victims shall be carried out without undue delay after the crime has been reported to the competent authority and with as limited and necessary a number of statements from the victim as possible, (b) if they are not accompanied by an attorney of their choice or ex officio counsel, victims may be accompanied by their legal representative or by another natural person of their choice, unless a reasoned decision has been taken to the contrary in respect to one or both of these persons, c) medical examinations are kept to a minimum and are carried out only when strictly necessary for the purposes of the criminal proceedings; and to investigate the veracity of the allegations, (d) if the victim is a minor, the person examining also records, verbatim in the report, the questions put to the victim.

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Protection of private life

(according to Article 67 of Law 4478/2017) Public exposure of the victim often leads to secondary and multiple victimization, intimidation, and retaliation. The private life and personal data of the victim should receive special protection and respect by everybody, especially the media. Both the publicity and the recording of trials should be limited. Article 67 of Law 4478/2017 includes precisely this right to the protection of the victim’s private life. The following is provided: 1. During the course of criminal proceedings, the competent law enforcement, public prosecution, and judicial authorities shall apply appropriate measures to protect the victim’s private life, taking into account the personal characteristics of the victim resulting from the individual assessment procedure pursuant to Article 68 of this Law and the image of the victims and their family members and, in particular, to prevent the dissemination of any information that may facilitate the identification of minor victims or victims requiring special protection. 2. If the publicity of the hearing is detrimental to the principles of morality or special reasons exist to protect the privacy or family life of the parties, in particular if publicity in proceedings concerning crimes against sexual freedom and the financial exploitation of sexual life result in particular mental suffering or embarrassment to the victim, and indeed a minor, the court shall order that the trial, or a portion thereof be conducted without publicity. In order to avoid publicity, after hearing the prosecutor and the parties, the court shall issue a reasoned decision and pronounce it in open court. 3. The private life and identity of the victim are protected by all services involved and the processing of his or her personal data is always carried out in accordance with the provisions of Law 2472/1997, as amended or replaced from time to time. 4. Broadcasting in full or in part via television or radio, as well as filming and taping of the proceedings before a criminal court shall be prohibited. Exceptionally, the court may authorize such actions if the prosecutor and the parties agree and if there is an essential public interest. 5. Television broadcasting or filming or videotaping or photographing victims appearing before prosecutors or police and other authorities is prohibited.

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Individual assessment of victims- Special protection

(according to Article 68 of Law 4478/2017) For the first time in the Greek legal order, individual assessment of victims at risk of secondary or multiple victimization, intimidation, and retaliation is provided for. Special protection is provided to ‘vulnerable’ victims, such as victims of trafficking in human beings, terrorism, organized crime, interpersonal violence, sexual violence or exploitation, gender-based violence, hate crimes, victims with disabilities and minor victims. Specifically, Article 68 of Law 4478/2017 provides the following: 1. Without prejudice to the provisions on the personal and functional independence of judicial officers, the law enforcement, prosecutorial, and judicial authorities before which the case is pending shall, at the request of the victim, inform and refer him or her to the Juvenile Probation Service and Probation Service for Adults of the Ministry of Justice, Transparency and Human Rights, who shall promptly conduct an individual assessment of the victim to identify any special protection needs they may have in order to assess whether or not, and the extent to which, the victim may benefit from special protection measures during the course of the criminal proceedings, as provided for in Article 69, in order to avoid the risk of secondary and repeated victimization, intimidation and retaliation. 2. During the individual assessment, the following are chiefly taken into consideration: (a) the personal characteristics of the victim, such as age, race, skin color, religion, national or ethnic origin, sexual orientation, gender identity or characteristics or disability, residence or domicile status, communication difficulties, relationship of kinship or other dependency with the offender, as well as any history of previous victimization, (b) the degree of harm suffered by the victim, the type, seriousness and nature of the crime, particularly terrorism, organized crime, trafficking in human beings, gender-based violence, racist violence, domestic violence, sexual violence or exploitation, or hate crime, (c) the circumstances of the crime. 3. The minor victim requires special protection due to a particular risk of secondary and recurrent victimization, intimidation and retaliation and, for this purpose, shall undergo an individual assessment in accordance with paragraph 1 hereof by the Independent Offices for Minor Victims of the Juvenile Probation Service and Probation Service for Adults of the Ministry of Justice, Transparency and Human Rights, and where these do not exist, by the Independent Offices of Juvenile Probation Service and Probation Service for Adults, in cooperation with a specialist child psychologist or child psychiatrist from the mental health structures and, in the absence of such a specialist, a psychologist or psychiatrist, and a decision is taken as to whether or not and the extent to which the child benefits from the special measures outlined in Article 69. Individual assessment of minor victims is carried out by the Departments of Social Welfare Officers and the Independent Offices of Juvenile Probation Service and Probation Service for Adults of the above-mentioned Service of the Ministry of Justice, Transparency and Human Rights. Individual assessment by the above mentioned Independent Offices shall be carried out by the officers of each branch according to the age of the victim. 4. The special protection measures provided for in Article 69 shall be taken with the consent of the victim 5. The individual assessment shall be updated throughout the criminal proceedings if the circumstances on which it was based change substantially.

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Right to protection of victims with special needs during criminal proceedings

(according to Article 69 of Law 4478/2017) Victims with special protection needs during criminal proceedings are protected by specialized measures, appropriate and specialized staff, and specific bodies. Article 69 of Law 4478/2017 describes in detail the ways of protecting special victims: 1. Victims with special protection needs shall benefit from specific measures, which shall be decided following the individual assessment provided for in Article 68(1). A specific measure decided upon following individual assessment shall not be applied if it impedes the progress of the criminal proceedings or when there is an urgent need to examine the victim and failure to do so could harm the victim or another person or affect the course of the proceedings. 2. During course of the criminal investigation, victims with special protection needs identified in accordance with paragraph 1 of Article 68 shall have the following measures at their disposal: (a) the victim shall be examined in areas designed or adapted for that purpose, (b) the examination of the victim shall be carried out by pre-trial officers or prosecutors and judicial officers specially trained for this purpose, (c) each examination of the victim shall be conducted by the same persons, unless this would impede the proper administration of justice, (d) any examination of victims of sexual violence, gender-based violence, or domestic violence, if not conducted by a prosecutor or judge, shall be conducted by an individual of the same sex as the victim, if the victim so wishes, provided that the criminal proceedings are not impeded. 3. During the examination as a witness of the minor victim of the acts referred to in Articles 323A(4), 323B(a), 324, 336, 337(3) and (4), 338, 339, 342, 343, 345, 346, 348, 348 A, 348 B, 348 C, 349, 351, 351 A of the Criminal Code, as well as in Articles 29(5) and (6) and 30 of Law 4251/2014, a specially trained child psychologist or child psychiatrist and, in their absence, a psychologist or psychiatrist serving in the Independent Offices for Minor Victims or included in the list of experts, where these do not operate, shall be appointed and present as an expert witness, without the provisions of Articles 204 to 208 of the Code of Criminal Procedure being otherwise applicable. The examination as a witness of the minor victim shall necessarily be carried out at the Independent Offices for Minor Victims of the Appellate District or, where these do not exist, in spaces specially designed and adapted for this purpose, without undue delay and with as limited a number of interviews as possible. The child psychologist or child psychiatrist shall prepare the minor for the examination, cooperating to this end with the pre-trial officers and the judicial officers. For this purposes, he or she shall utilize appropriate diagnostic methods, decide on the perceptual capacity and mental state of the minor, and draw up a written report of his or her findings, which shall form an integral part of the case file. Examination of the minor shall be carried out by the pre-trial investigation officers and the judicial officers through the child psychologist or child psychiatrist present. During the examination, the minor may be accompanied by his or her legal representative, unless the investigating judge, by reasoned decision, prohibits that person from being present for significant reasons, in particular in the event of a conflict of interest or the involvement of that person in the act under investigation. The statement of the minor shall be made in writing and shall also be recorded on an electronic audiovisual medium. Electronic viewing of the minor’s statement shall replace the physical presence of the minor at subsequent stages of the procedure. The written statement of the minor shall always be read in the hearing. If the minor has reached the age of eighteen at the time of the hearing, he or she may appear in person. 4. During examination as a witness of the victim of the acts referred to in Articles 323A and 351 of the Penal Code, a psychologist or psychiatrist shall be appointed and present as an expert witness, without the provisions of Articles 204 to 208 of the Code of Criminal Procedure being otherwise applicable. The psychologist or psychiatrist shall prepare the victim for the examination, cooperating to this end with the preliminary investigation officers and with the prosecution and judicial officers. For this purpose, he or she shall utilize appropriate diagnostic methods, assess the perceptual capacity and mental state of the victim, and draw up a written report of his or her findings, which shall form an integral part of the case file. The psychiatrist or psychologist shall be present during the examination and the victim may be accompanied by his or her legal representative, unless the investigating judge, by reasoned decision, prohibits that person from being present, for significant reasons, in particular in the event of a conflict of interest or the involvement of that person in the act under investigation. The victim’s statement shall be made in writing and shall also be recorded on an electronic audiovisual medium. Electronic viewing of the victim’s statement shall replace the physical presence of the victim at subsequent stages of the procedure. 5. If the victim is deaf or dumb, the victim shall be examined as follows: all questions and any comments shall be given to the deaf person, after being recorded by the Clerk in the ordinary investigation or the court, and the answers shall be provided by him or her in writing or in sign language. Questions and observations are given orally to the dumb person and the dumb person responds in writing or in sign language. At the hearing, the written answers provided by the deaf or dumb person, after being initialed by the President and the Clerk, shall be recorded in the minutes and shall be annexed to the case-file. If the deaf or dumb person cannot read or write, the person conducting the questioning or directing the discussion shall appoint one or two interpreters, if possible, preferably chosen from among persons who are accustomed to communicating with the deaf or dumb person. In all other respects, the provisions relating to interpreters shall be complied with if possible. 6. During the hearing, victims with special protection needs recognized in accordance with Article 68 paragraph 1 hereof shall have the following measures at their disposal: (a) The victim’s statement given in accordance with paragraph 4 hereof, made in writing or by means of an electronic audiovisual medium, shall always be read out at the hearing. The Prosecutor or the parties may request from the President of the Court that he or she be examined if he or she has not been examined at the preliminary hearing, or if he or she needs to be examined further. If the request is granted, the victim shall be examined on the basis of clearly stated questions, without the parties being present, wherever he or she may be located, by an investigating officer appointed by the judge who ordered the examination or in a specially configured space using an electronic audiovisual device which shall replace his or her physical presence in the courtroom so as to avoid any visual contact between him or her and the offender. Sub-paragraphs 1 and 2 of paragraph 4 of this Article shall also apply in such cases. (b) The written statement of the minor victim given pursuant to paragraph 3 hereof, made in writing or by means of an electronic audiovisual medium, shall always be read out during the hearing. If the minor has reached the age of eighteen at the time of the hearing, he or she may appear in person if this is deemed absolutely necessary. The prosecutor or the parties may request the examination of the minor from the President of the court if he or she has not been examined during the ordinary investigation or needs to be further examined. If the request is granted, the examination of the minor shall be conducted on the basis of clearly stated questions, without the parties being present, wherever he or she may be located, by an investigating officer appointed by the judge who ordered the examination. Sub-paragraphs 1 and 2 of paragraph 3 hereof shall also apply in such cases. (c) During the examination, questions about the victim’s private life that are not relevant to the offence shall be avoided. 7. Where the victim is a minor and the holders of parental responsibility are excluded from representing him or her due to a conflict of interest between them and the minor or where the minor victim is unaccompanied or living separately from his or her family, the competent prosecutorial or judicial authority shall, depending on the stage of the criminal proceedings, where the case is pending, appoint a Juvenile Probation Officer as a special representative of the minor victim. Where the minor victim is entitled to a lawyer, in accordance with the provisions of Law 3226/2004, he or she shall be entitled to have legal advice and a legal representative acting on his or her behalf in proceedings where there is or could be a conflict of interest between the minor victim and the holders of parental responsibility. 8. When it is uncertain whether the age of the victim is below or above eighteen years, the victim shall be presumed to be a minor for the purposes of present Law.

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Rights of the witness of crime

If you are to be examined as a witness, you will be served a relevant invitation (summons) by the prosecutor or the police officer conducting preliminary inquiries, or by a district criminal court judge (ptaismatodíkis) or investigating judge (anakritís). You must appear and testify before them as soon as you receive the summons. You will be asked to describe what happened and, possibly, to answer some additional questions. If you are related to the suspect, you may refuse to testify [Article 222 of Code of Criminal Procedure (Kódikas Poinikís Dikonomías — ‘KPD’)]. If you have a hearing or speech impediment, the examination may be conducted in writing. If you do not speak Greek, you have a right to the services of an interpreter free of charge. If you are a victim of people trafficking you belong to a special group of witnesses: you will receive assistance beforehand from a psychologist or psychiatrist, acting in cooperation with the investigating police or judicial officers, who will use proper diagnostic methodologies to establish your intellectual capacity and psychological status. The psychologist or psychiatrist will be present during your examination. You may also be accompanied by your legal representative, unless the investigating judge makes an order preventing him or her from attending, giving reasons. Your testimony will be written down and recorded audiovisually, where possible, so as to be submitted to the court electronically, in which case you need not be physically present at any subsequent stages of the proceedings. If the case is one of domestic violence, and you are a member of the family, your testimony will not be taken on oath. If you are a minor, you will not be called to testify as a witness in court. Instead, you can provide a written statement which will be read in the courtroom, unless your physical presence is considered imperative. Following your examination, you may seek reimbursement of any expenses you may have incurred (transport or accommodation expenses) from the authority that summoned you to testify (Article 230 KPD). (Source: e-justice. Victims’ rights – by country)

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