Summary
Defending sexual-offence charges in court covers penalties, mitigating circumstances, evidence, pre-trial detention, the competent courts, and the available appeals, with special safeguards for minor victims. This page also explains the suspension of a sentence and conditional release. The information here is general and is no substitute for individual legal advice.
Contents
- What penalties are prescribed for sexual offences?
- What mitigating circumstances are recognised for perpetrators?
- Does the “victim’s word” or the “perpetrator’s word” prevail?
- Is pre-trial detention (remand in custody) likely after the complaint?
- Are there false accusations by supposed victims?
- Is the lifting of telephone confidentiality permitted?
- Is a night-time search of a home permitted?
- Can the victim take part in the criminal proceedings?
- Are special investigating judges appointed for such cases?
- How are child victims interviewed?
- Which courts have jurisdiction?
- Are these cases tried quickly?
- Are the trials held in public?
- What is the procedure for delivering the judgment?
- What legal remedies are available after the judgment?
- If the defendant is convicted, will he certainly go to prison?
- When is the execution of the sentence suspended?
- Are sexual offenders held in special prisons?
- Does conditional release apply?
- Are they sent to an agricultural prison?
- Are they entitled to prison leave?
- When the convicted person is released, is anyone notified?
Frequently asked questions — defending sexual-offence charges in court
What penalties are prescribed for sexual offences?
The penalties prescribed are essentially custodial: life incarceration, fixed-term incarceration (5-10, 5-20, or 10-20 years), or imprisonment. By way of illustration, rape is punished with incarceration of 10-20 years, a sexual act with a child under 12 with incarceration of 5-20 years, and an affront to sexual dignity with imprisonment of up to 1 year. Additional consequences are also provided for (automatic suspension from duty for public servants, a bar to appointment, revocation of a business licence, while laundering the proceeds is a separate felony).
What mitigating circumstances are recognised for perpetrators?
If a mitigating circumstance is recognised (Arts 83-84 GCC), the sentencing range is lowered (for example, instead of a life sentence, incarceration of 5-20 years). The most common are a prior honest life, sincere remorse and efforts to reduce the harm caused, and good conduct afterwards. The reduction is mandatory for the court, however grave the act.
Does the “victim’s word” or the “perpetrator’s word” prevail?
Most of these offences are committed away from witnesses; often the only evidence is the “victim’s” testimony and the defendant’s defence statement. Evidence is weighed freely, with no predetermined weight: the victim’s testimony is neither accepted nor rejected in advance, but is combined and cross-checked against the rest of the material, while the gaps and contradictions are assessed. The witness’s general credibility plays a part.
Is pre-trial detention (remand in custody) likely after the complaint?
It depends. Pre-trial detention is an exceptional measure (Art. 282 CCP): it requires a prosecution for a felony, strong indications of guilt, and that the defendant be a flight risk or likely to commit further offences. The seriousness of the offence alone is not enough. It is neither a foretaste of conviction, nor does its non-imposition prejudge an acquittal.
Are there false accusations by supposed victims?
Yes, they exist. They often arise in the context of bitter disputes between parents, where one accuses the other in order to influence the decision on custody. Extreme, staged cases have also been recorded.
Is the lifting of telephone confidentiality permitted?
Yes, especially where the victims are minors, the lawful lifting of the confidentiality of communications or of location and traffic data is permitted (Art. 254 CCP, Art. 6 of Law 5002/2022). Other special investigative acts are also permitted, such as covert searches, undercover investigative infiltration, and recording by technical means.
Is a night-time search of a home permitted?
Yes, where the dwelling is used as a place of “professional debauchery” (Art. 256 §5 CCP), for example a house used for the prostitution of a child through “appointments” arranged via online applications.
Can the victim take part in the criminal proceedings?
Yes, even if they did not file a report. They may declare an “appearance in support of the charge” (the former “civil claim”), which gives them the right to be informed of and to intervene at every stage of the trial. If the victim is a minor, they are represented by their parents.
Are special investigating judges appointed for such cases?
At the Courts of First Instance of Athens and Thessaloniki, special investigating judges are appointed for sexual and related offences (Art. 5Α of Law 4198/2013). In Athens, the 17th regular investigating judge has been designated.
How are child victims interviewed?
In dedicated facilities, the “Houses of the Child”, by specially trained professionals following a special forensic-interview protocol, so that they are not victimised a second time. In practice, however, many cases are still handled at police stations.
Which courts have jurisdiction?
Felonies are tried by the Mixed Jury Courts (three professional judges and four jurors) and, at second instance, by the Mixed Jury Court of Appeal. Misdemeanours are tried by the Three-member or the Single-member Misdemeanours Court. A public prosecutor takes part in all of them.
Are these cases tried quickly?
They are tried slowly, like all criminal cases. In sexual felonies, however, the Public Prosecutor of the Supreme Court can order that the investigation and the bringing of the case to trial be conducted as an absolute priority (Art. 32 CCP), especially in cases involving minor victims.
Are the trials held in public?
In principle yes. But in sexual offences the trial may be held “in camera” (Art. 330 §1 CCP), where there is a risk of psychological distress or public humiliation to the victim, particularly if the victim is a minor.
What is the procedure for delivering the judgment?
After the taking of evidence, the public prosecutor proposes guilt or acquittal, counsel supporting the charge addresses the court, and defence counsel speaks last. The judges deliberate and decide by majority (jurors and professional judges with equal votes). There follow the ruling on mitigating circumstances, the sentencing, any aggregate sentence, and the ruling on the suspensive effect of an appeal.
What legal remedies are available after the judgment?
The system provides for a second and, in part, a third examination: the judgments of the Mixed Jury Courts are re-tried by the Mixed Jury Courts of Appeal; the final word rests with the Supreme Court (Areios Pagos), which, however, examines only the legal aspect and not the facts.
If the defendant is convicted, will he certainly go to prison?
Not necessarily. There are two ways he may avoid prison: the appeal is given suspensive effect, or the execution of the sentence is suspended. It depends on the length of the sentence, the court, and the characteristics of the convicted person.
When is the execution of the sentence suspended?
If a “first offender” is sentenced to a term of up to 1 year, the court may order a suspension (1-3 years). For a sentence of 1-3 years, a partial suspension may be granted. Above 3 years, prison is the rule. The court may impose conditions (for example, a ban on leaving the country).
Are sexual offenders held in special prisons?
The law provides for “Special Correctional Facilities”, which, however, have never been officially established. Mainly the prisons of Tripoli and Grevena are used, essentially to avoid these offenders being victimised within prison.
Does conditional release apply?
Yes, but on stricter terms: for incarceration sentences, four-fifths of the sentence must be served (instead of three-fifths for ordinary convicts). Home detention with an “ankle tag” is expressly prohibited for those convicted of a sexual offence (Art. 110Α §11 GCC).
Are they sent to an agricultural prison?
No. The transfer of those convicted of serious sexual felonies to an agricultural prison is expressly prohibited (Art. 19Α §2 of the Correctional Code).
Are they entitled to prison leave?
They are not ruled out, but on stricter terms: one-half of the sentence must be served (instead of one-fifth for ordinary convicts) (Art. 55 §1 of the Correctional Code).
When the convicted person is released, is anyone notified?
Yes. A minor victim of a sexual offence has the right to be informed by the competent public prosecutor of the temporary or final release of the offender, as well as of any leave from prison (Art. 108 CCP).