Monday, March 30, 2015

Greek Penal Code English Translation : Articles 1 to 13

Greek Penal Code

First Book - General Part

Translation copyright © 2015 - Translation work in progress

First Chapter - The Penal Law

I. Time limits of validity of Penal laws

Article 1 - No punishment without law

 Punishment is not imposed except for those acts for which the law had expressly stipulated one before their commission

Article 2 - Retroactive application of the most lenient law

1. If during the time from the commission of the act until the final adjudication two or more laws were in force , the one that contains the most favorable provisions for the accused is applied.

2. If a subsequent law defines the act as not punishable the sentence shall be quashed and the penal consequences of  the sentence shall become void.

Article 3 - Laws that have temporary validity

Laws that have temporary validity are enforced even after ceasing to be valid for acts committed when they were in force. Apart from this the provision of paragraph 1 of the preceding article is applied.

Article 4 - Imposition of security measures

1. The security measures provided for in Articles 69, 71, 72, 73, 74 and 76 are imposed according to the law in force during the trial of the action.

2. In the case of paragraph 2 of article 2, the court that issued the judgement decides after proposal by the prosecutor whether to maintain or not the security measures imposed.

II. Territorial jurisdiction of Penal laws

Article 5 - Crimes committed in Greek national territory

1. Greek Penal laws apply to all acts committed nationwide, even by foreigners.

2. Greek ships or aircraft are considered Greek territory wherever they are, unless in accordance with international law are subject to foreign law.

Article 6 - Crimes of nationals abroad

1. Greek penal laws apply to an act characterized by them as a felony or misdemeanor which was committed abroad by a national, if that act is punishable by the laws of the country in which it was committed or if committed in a politically unconstituted country.

2. A criminal prosecution is initiated against a foreigner who at the time of the offense was a national. It is also initiated against those who acquired the Greek citizenship after the commission of the act.

3. Pertaining to misdemeanors, application of  the provisions of paragraphs 1 and 2 requires a complaint by the victim or a request of the government of the country where the offense was committed.

4. Misdemeanors committed abroad are punishable only on the cases specifically prescribed by law.

Article 7 - Crimes committed by foreigners abroad

1. Greek penal laws apply to foreigners for acts committed abroad that are characterized as a felony or misdemeanor, if the act is directed against Greek citizens and is punishable under the laws of the country where it was committed or if committed  in a politically unconstituted country.

2. The provisions of paragraphs 3 and 4 of the previous article apply in this case also.

Article 8 - Crimes abroad that are always punishable by Greek law

The Greek penal laws apply to nationals and foreigners regardless of the laws of the place of commission, for the following acts committed abroad:
 a) high treason, betrayal of the country directed against the Greek State and terrorist acts (article 187A).
 b) crimes concerning military service and military service obligation (special part, chapter 8 )
 c) criminal acts committed as officials of the Greek State
 d) acts against Greek officials during the performance of their service or related to their service
 e) perjury in pending proceedings by the Greek authorities
 f) Piracy
 g) crimes related to the currency (special part, chapter 9)
 h) slave trade, human trafficking, trafficking or  sexual abuse of a minor for a fee, conducting trips to commit fornication or other indecent acts against a minor or child pornography
 i) illegal trade of narcotic drugs
 j) illegal circulation and trade of  obscene publications
k) any other crime for which special provisions or international conventions signed and ratified by the Greek state provide for the application of the Greek Penal laws.

Article 9 - Indemnity for crimes committed abroad

1. The prosecution of an act committed abroad is excluded:
a) if the offender was tried for that act abroad and was acquitted or if convicted , has served the entire sentence
b) if, according to the foreign law, the act has been barred by statute of limitations or the sentence imposed has been extinguished by limitation or has been remitted
c) if, according to foreign law a complaint is required for the prosecution of the act and such complaint was either not submitted or withdrawn.

2. These provisions do not apply to the acts defined in Article 8.

Article 10 - Calculation of sentences that were served abroad

The sentence that was wholly or partly served abroad in the case of a subsequent domestic conviction for the same act, is deducted from the penalty imposed by the Greek courts.

Article 11 - Recognition of foreign criminal sentences

1. If a Greek is convicted abroad for an act that in accordance with the provisions of domestic law, entails ancillary penalties, the competent court of misdemeanors can impose these penalties.
2. The competent court of misdemeanors can also impose he security measures provided for in Greek laws on anyone that was convicted or acquitted abroad.

III. Relationship of the Penal Code with special laws and explanation of its terms

Article 12 - Special Penal Laws

The provisions of the General Part of the Penal Code apply to punishable offenses that are provided for in special laws, if these laws do not specify otherwise with an explicit provision.

Article 13 - Concept of terms of the Code

In the Code, the following terms are used with the following meanings:

a) employee is a person who has been legally entrusted, even temporarily, with the exercise of public service,  or municipal service or municipal community service or service in other public law bodies and institutions
b) kins are relatives by consanguinity and marriage in a straight line, adoptive parents and adopted children, spouses, the betrothed, brothers and husbands and fiances of siblings and guardians or custodians of the offender and those under the guardianship or custody of the offender

c) document is any written document that is intended or suitable to prove a fact which has legal significance as is any sign that is intended to prove such a fact. Document is also any medium used by a computer or by a peripheral computer memory, electronically , magnetically or otherwise, for recording, storing, production or reproduction of data, which can not be read directly, as well as any magnetic, electronic or other material used for recording any information , image, symbol or sound, independently or in combination, as long as these media and materials are intended or are suitable to prove facts which have legal significance.
d) physical violence constitutes also the act of causing a state of unconsciousness or incapacity for resistance to a person with hypnotics or narcotics or other similar means

e) army is the army of the land, sea and air.

f) a crime is committed as a profession, when the repeated commission of the act or the infrastructure developed by the perpetrator with the intention of repeated commission of the act shows that the purpose of the perpetrator is making money. A crime is committed habitually, when the repeated commission of the act shows a constant tendency of the perpetrator to commit this particular crime as part of the personality of the perpetrator.

g. the perpetrator is characterized particularly dangerous when the severity of the act, the manner and circumstances of the act's commission , the motives that led the perpetrator and the perpetrator's personality, indicate anti-social behavior and constant tendency to commit new crimes in the future.

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