Summary
The sexual-offences chapter of the Criminal Code — Articles 336 to 353 GCC — governs crimes against sexual freedom. This page brings together, in an easy-reference format, the main provisions and penalties for each offence as they stand today. This account is for information only and is no substitute for the official source or for individual legal advice.
Contents
- Article 336 GCC — Rape
- Article 337 GCC — Affront to sexual dignity
- Article 338 GCC — Sexual abuse of a person incapable of resisting
- Article 339 GCC — Sexual acts with minors or in their presence
- Article 340 GCC — General provision (fatal outcome)
- Article 342 GCC — Sexual abuse of minors
- Article 343 GCC — Abuse to procure a sexual act
- Article 344 GCC — The victim’s complaint
- Article 345 GCC — Sexual act between relatives (incest)
- Article 346 GCC — Revenge pornography
- Article 348 GCC — Facilitating offences against minors
- Article 348Α GCC — Child pornography
- Article 348Β GCC — Solicitation of children for sexual purposes (grooming)
- Article 348Γ GCC — Child pornographic performances
- Article 348Δ GCC — General provision (acts committed abroad)
- Article 349 GCC — Procuring
- Article 350Α GCC — Special favourable measures
- Article 351Α GCC — Sexual act with a minor for payment
- Article 352Α GCC — Psychodiagnostic assessment and treatment
- Article 352Β GCC — Protecting the privacy of the minor victim
- Article 353 GCC — Affront to sexual decency
Sexual Offences in the Greek Criminal Code — Articles 336–353
Article 336 GCC — Rape
Anyone who, by physical violence or by a threat of grave and imminent danger to life or bodily integrity, compels another person into carrying out or tolerating a sexual act is punished with incarceration of at least ten years. A sexual act means intercourse and acts of equal gravity. Where the act was committed by two or more perpetrators acting jointly, or resulted in death, or where the victim is a minor, life incarceration is imposed. Anyone who, outside the scope of paragraph 1, carries out a sexual act without the victim’s consent is punished with incarceration of up to ten years.
Article 337 GCC — Affront to sexual dignity
Anyone who grossly offends another person’s honour by gestures of a sexual nature, by propositions for sexual acts, by sexual acts in front of another person, or by exposing their genitals is punished with imprisonment of up to one year or a fine; prosecution requires a complaint by the victim, unless the victim is a minor. Aggravated forms are provided for where the victim is under twelve, for online contact between an adult and a minor under fifteen, and for gestures or propositions directed at a person who is in a relationship of workplace dependency or is seeking employment (imprisonment of up to three years).
Article 338 GCC — Sexual abuse of a person incapable of resisting
Anyone who, by exploiting another person’s mental or physical disability or their incapacity to resist, carries out a sexual act with them is punished with incarceration. Where the act was committed by two or more persons acting jointly, incarceration of at least ten years is imposed.
Article 339 GCC — Sexual acts with minors or in their presence
Anyone who carries out a sexual act with a person under fifteen, or misleads them into carrying out or submitting to such an act, is punished: (a) where the victim has not reached twelve, with incarceration of at least ten years; (b) where they have reached twelve, with incarceration. Sexual acts between minors under fifteen are not punished, unless the age difference between them exceeds three years, in which case only reformative or therapeutic measures are imposed.
Article 340 GCC — General provision (fatal outcome)
Where any of the acts under Articles 338 and 339 resulted in the death of the victim, life incarceration is imposed.
Article 342 GCC — Sexual abuse of minors
An adult who carries out sexual acts with a minor entrusted to them for supervision or safekeeping is punished: (a) where the victim has not reached fourteen, with incarceration of at least ten years and a fine; (b) where they have reached fourteen, with incarceration and a fine. An aggravating circumstance applies where the perpetrator is a family member, a person sharing the household or a friend of the family, a teacher, coach, member of the clergy, psychologist, doctor or nurse. Gestures, propositions or depictions of a sexual nature are punished more leniently, with imprisonment of at least six months.
Article 343 GCC — Abuse to procure a sexual act
The following are punished with imprisonment of at least two years and a fine: (a) anyone who compels another person into a sexual act by abusing a relationship of workplace dependency; (b) anyone who exploits the position of a person seeking employment; (c) staff in prisons, police services, academies, hospitals or institutions who, by abusing their position, compel a person admitted there into a sexual act.
Article 344 GCC — The victim’s complaint
In rape (Art. 336), prosecution is brought of the court’s own motion; but if the victim declares that they do not wish it to proceed, the public prosecutor may permanently refrain from prosecuting, or refer the case to the judicial council, which may permanently discontinue the prosecution, weighing the risk of serious psychological harm to the victim from the publicity.
Article 345 GCC — Sexual act between relatives (incest)
A sexual act between blood relatives or adoptive relatives in the ascending and descending line, and between siblings, is punished: (a) as regards ascendants, with incarceration of up to ten years; (b) as regards descendants, with imprisonment; (c) between siblings, with imprisonment of up to two years. Descendants or siblings may be relieved of any penalty if, at the time of the act, they had not reached eighteen.
Article 346 GCC — Revenge pornography
Anyone who, without right, discloses or posts in public view an image or material depicting a non-public act of another person relating to their sexual life is punished with imprisonment of at least three years and a fine. A threat to do so is punished with imprisonment of at least one year. Incarceration of up to eight years applies where it is done by posting on the internet, by an adult against a minor, against a current or former spouse or partner, or for financial gain. Where it led to an attempted suicide or death, heavier penalties are provided for.
Article 348 GCC — Facilitating offences against minors
Anyone who, on a professional basis or for profit, attempts to facilitate, even in a disguised manner, a sexual act with a minor (for example, through an advertisement, an image, a telephone number or electronic messages) is punished with imprisonment of at least three years and a fine. Anyone who organises, finances or acts as an intermediary in travel intended for the commission of sexual acts against a minor is punished with incarceration of up to ten years.
Article 348Α GCC — Child pornography
Anyone who intentionally produces, distributes, publishes, offers, sells, buys, procures or possesses child pornography material is punished with imprisonment of at least one year and a fine, and with imprisonment of at least two years where it is committed through information systems. Child pornography material means the real or virtual depiction of the genitals or the body of a minor, or of a person appearing to be a minor, in a manner that manifestly causes sexual arousal. The acts are punished with incarceration where they were committed on a professional basis, through exploitation or violence, or using a child under fifteen, and with incarceration of at least ten years where a child under twelve is involved. Knowingly accessing such material through information systems is punished with imprisonment of up to three years.
Article 348Β GCC — Solicitation of children for sexual purposes (grooming)
Anyone who intentionally, through information systems, proposes to a minor who has not reached fifteen a meeting with themselves or a third party for the purpose of committing the offences under Article 339(1) and (2) or Article 348Α, where the proposal is followed by further acts leading to such a meeting, is punished with imprisonment of at least two years and a fine.
Article 348Γ GCC — Child pornographic performances
Anyone who drives or lures a minor into taking part in pornographic performances, or who organises them, is punished on a graduated scale according to the victim’s age (incarceration where the victim is under twelve). A spectator who knowingly watches such a performance is also punished. Where the acts were committed using violence or a threat, or for financial benefit, the penalties are increased.
Article 348Δ GCC — General provision (acts committed abroad)
The provisions of Articles 339, 342, 348, 348Α, 348Β, 348Γ, 349 and 351Α also apply to acts committed abroad by a Greek national, regardless of whether they were punishable under the laws of the country where they were committed.
Article 349 GCC — Procuring
Anyone who, in order to serve the lust of others, promotes or drives a minor into prostitution, or harbours, coerces, facilitates or takes part in the prostitution of minors, is punished with incarceration of up to ten years and a fine; more severely where a person under fifteen is involved, where deceptive means are used, where the offender is a relative or a person in a position of trust, or where electronic means are used. Anyone who, on a professional basis or for profit, promotes or coerces another person into prostitution, or exploits its proceeds, is punished with imprisonment of at least eighteen months and a fine.
Article 350Α GCC — Special favourable measures
In the cases under Articles 348Α, 348Β, 348Γ and 349, the provision of paragraph 8 of Article 323Α applies by analogy.
Article 351Α GCC — Sexual act with a minor for payment
A sexual act with a minor carried out by an adult in return for payment or other material consideration is punished: (a) where the victim has not reached twelve, with incarceration of at least ten years and a fine; (b) where they have reached twelve but not fifteen, with incarceration and a fine; (c) where they have reached fifteen, with imprisonment of at least three years and a fine. Where the act resulted in the death of the victim, life incarceration is imposed.
Article 352Α GCC — Psychodiagnostic assessment and treatment
Where the victim is a minor, the suspect or accused undergoes a diagnostic assessment of their psychosexual condition, provided they consent. In the event of conviction, the court may order a programme of psychosexual treatment, without participation affecting the right to a defence or the presumption of innocence. Provision is also made for the assessment and treatment of the minor victim, and for measures to remove the offender or to prohibit contact between offender and victim.
Article 352Β GCC — Protecting the privacy of the minor victim
Anyone who, from the reporting of the act until the delivery of an irrevocable judgment, publishes in any way circumstances that could lead to the disclosure of the minor victim’s identity is punished with imprisonment of up to two years.
Article 353 GCC — Affront to sexual decency
Anyone who knowingly and grossly offends another person’s sexual decency by an act of a sexual nature carried out in their presence is punished with a fine or community service; where it is carried out in the presence of a person under fifteen, with imprisonment of up to three years or a fine. Prosecution under the first sentence requires a complaint by the victim.