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Last update: 10-05-2005
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Compensation to crime victims - Greece

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TABLE OF CONTENTS

1. Obtaining compensation in the form of damages from the offender 1.
1.1. Under which conditions can I make a claim for damages in the trial against the offender (the criminal proceedings) ? 1.1.
1.2. At which moment of the procedure should I put forward the claim? 1.2.
1.3. How should I put forward the claim, and to whom? 1.3.
1.4. How should I present my claim (indicate a total amount and/or specify the individual losses) ? 1.4.
1.5. Can I get legal assistance before and /or during the proceedings? 1.5.
1.6. What evidence will I be required to present in support of my claim? 1.6.
1.7. If I am awarded damages by the court, is there any special assistance available to me as a crime victim for the enforcement of the judgment against the offender? 1.7.
2. Obtaining compensation from the state or by a public body 2.
2.1. Is it possible to obtain compensation from the state or by a public body? 2.1.
2.2. Is the possibility limited to victims that have suffered certain types of crime? 2.2.
2.3. Is the possibility limited to victims that have sustained certain types of injury? 2.3.
2.4. Can relatives or dependants of victims that have died as a result of the crime obtain compensation? 2.4.
2.5. Is the possibility of obtaining compensation limited to persons of a certain nationality or persons residing in a certain country? 2.5.
2.6. Can I apply for compensation from [Member State] if the crime was committed in another country? If yes, under what conditions? 2.6.
2.7. Is it necessary to have reported the crime to the police? 2.7.
2.8. Is it necessary to await the outcome of any police investigations or criminal proceedings before I can apply? 2.8.
2.9. If the offender has been identified, is it necessary to first try to get compensation from the offender? 2.9.
2.10. If the offender has not been identified or convicted, is it still possible to qualify for compensation? If so, what evidence do I need to supply in support of my application? 2.10.
2.11. Is there a time limit for making the application for compensation? 2.11.
2.12. For which losses can I be compensated? 2.12.
2.13. How will the compensation be calculated? 2.13.
2.14. Is there a minimum and/or maximum amount that can be awarded? 2.14.
2.15. Will compensation that I have received, or can receive, for the same losses but from other sources (such as insurance) be deducted from the compensation from the state? 2.15.
2.16. Are there any other criteria that can influence my chance of receiving compensation, or how the amount of compensation is calculated, such as my own behaviour in relation to the event that caused the injury? 2.16.
2.17. Can I get an advance on the compensation? If yes, under what conditions? 2.17.
2.18. Where can I get the necessary forms and further information on how to apply? Is there a special help line or website that I can use? 2.18.
2.19. Can I get legal assistance for making the application? 2.19.
2.20. Where do I send the application? 2.20.
2.21. Are there any victim support organisations that can give further assistance? 2.21.

 

1. Obtaining compensation in the form of damages from the offender

Please visit the webpage ‘Bringing the case to court’ to learn how to claim compensation outside of criminal proceedings.

As far as cross-border cases are concerned, e.g. when the crime was committed in a country other than the place where the victim is domiciled, please note that the victim can bring the offender before the same court handling the criminal aspect of the case if national law permits.

1.1. Under which conditions can I make a claim for damages in the trial against the offender (the criminal proceedings) ?

A civil claim for damages and restitution resulting from a crime and for financial satisfaction due to moral harm or mental anguish may be brought before the criminal court by those persons granted this right by the Hellenic Civil Code (Article 63 of the Hellenic Code of Criminal Procedure, hereinafter CCP]. The main condition for bringing a claim for damages before a criminal court is the existence of a right pursuant to the Civil Code. It should be noted that Article 914 of the Hellenic Civil Code states that, 'A person who has caused illegally and through his fault prejudice to another shall be liable for compensation.' A claim for damages already brought before a civil court may also be brought before a criminal court if no final judgement in the civil proceedings has been issued. If this right is exercised the claim cannot be continued before the civil courts unless the criminal court refers the matter back to the civil court for the amount that it considers the claim still to be unsettled for, under condition that the requested amount is over € 44.

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1.2. At which moment of the procedure should I put forward the claim?

Parties entitled to make a claim for damages can always seeks satisfaction of their claim for damages in the criminal courts up until the evidentiary procedure has commenced in open court. All they need do is file an action against the accused in line with the provisions of the Hellenic Code of Civil Procedure within the deadline contained in Article 167 of the CCP, in other words at least 5 days before the hearing. Exceptionally, persons entitled to financial satisfaction under civil law due to moral harm or mental anguish can file a claim with the criminal court up until the evidentiary procedure starts without any pre-trail proceedings.

1.3. How should I put forward the claim, and to whom?

Notice that the claim is being filed may be given to any preliminary investigation officer, the Public Prosecutor [by filing suit], the investigating judge or even for the first time in the court hearing the criminal case. In the latter case the deadline for serving the action on the offender or the party liable in civil law which expires five days before the hearing date is important.

1.4. How should I present my claim (indicate a total amount and/or specify the individual losses) ?

When the claim for damages does not relate to compensation for moral harm or mental anguish but for loss incurred by the victim, the provisions applicable for any other action brought before a civil court apply here too (see the section entitled ‘Recourse to the Courts’).

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1.5. Can I get legal assistance before and /or during the proceedings?

In claims for damages the provisions applicable for any other action brought before a civil court apply here too (see the section entitled ‘Legal Assistance’).

1.6. What evidence will I be required to present in support of my claim?

All evidence required to prove any other claim (see the section entitled ‘Evidence’).

1.7. If I am awarded damages by the court, is there any special assistance available to me as a crime victim for the enforcement of the judgment against the offender?

As yet there is no such public or other service.

2. Obtaining compensation from the state or by a public body

2.1. Is it possible to obtain compensation from the state or by a public body?

In general as yet Greek law does not provide for a way for you to obtain compensation from the State for loss incurred as a result of a third party's criminal activities. The only case in which the State is liable under civil law and obliged to pay damages is Article 105 of the Civil Code Introductory Act. This regulates cases where the unlawful acts or omissions are committed by public bodies, municipalities, communities or other public law bodies corporate when exercising public powers assigned to them. All responses hereinafter relate to that case only.

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2.2. Is the possibility limited to victims that have suffered certain types of crime?

As mentioned above, this possibility only relates to torts committed by public bodies, municipalities, communities or other public law bodies corporate when exercising public powers assigned to them.

2.3. Is the possibility limited to victims that have sustained certain types of injury?

Any injury sustained from such acts may be compensated.

2.4. Can relatives or dependants of victims that have died as a result of the crime obtain compensation?

Yes, the heirs of the victim can claim damages and dependents can claim damages for mental anguish suffered.

2.5. Is the possibility of obtaining compensation limited to persons of a certain nationality or persons residing in a certain country?

This possibility is not limited in terms of nationality or residence.

2.6. Can I apply for compensation from [Member State] if the crime was committed in another country? If yes, under what conditions?

The answer is yes the aforementioned conditions and if the public body was exercising its powers in another country.

2.7. Is it necessary to have reported the crime to the police?

No, it is not necessary to have reported the crime to the police.

2.8. Is it necessary to await the outcome of any police investigations or criminal proceedings before I can apply?

No.

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2.9. If the offender has been identified, is it necessary to first try to get compensation from the offender?

The offender is jointly liable with the State subject to the special provisions on ministerial liability.

2.10. If the offender has not been identified or convicted, is it still possible to qualify for compensation? If so, what evidence do I need to supply in support of my application?

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2.11. Is there a time limit for making the application for compensation?

The same time limits apply for all claims and for barring thereof.

2.12. For which losses can I be compensated?

You can be compensated for any loss even moral harm incurred.

2.13. How will the compensation be calculated?

In the same way as all other cases of compensation [see question 1. 4 on this matter].

2.14. Is there a minimum and/or maximum amount that can be awarded?

There is no such limit. The level of compensation depends on the type of loss.

2.15. Will compensation that I have received, or can receive, for the same losses but from other sources (such as insurance) be deducted from the compensation from the state?

The rules applicable in all other cases of compensation also apply here.

2.16. Are there any other criteria that can influence my chance of receiving compensation, or how the amount of compensation is calculated, such as my own behaviour in relation to the event that caused the injury?

As with all other cases of compensation, if it is considered that the victim's behaviour contributed to the occurrence or level of loss incurred [contributory negligence] the level of compensation awarded will be reduced accordingly.

2.17. Can I get an advance on the compensation? If yes, under what conditions?

As with all other cases of compensation, under the generally applicable rules [see the section entitled ‘Interim measures and Precautionary measures’] you can request payment of a part of the compensation even before the main case is heard by requesting that interim relief be granted.

2.18. Where can I get the necessary forms and further information on how to apply? Is there a special help line or website that I can use?

Nothing to this effect exists.

2.19. Can I get legal assistance for making the application?

Under the same terms and conditions that you can request legal assistance for any other legal matters [see the section entitled ‘Legal Assistance’].

2.20. Where do I send the application?

Applications should be filed with the court and not any special service.

2.21. Are there any victim support organisations that can give further assistance?

No. Such organisations are not yet in existence.

« Compensation to crime victims - General information | Greece - General information »

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Last update: 10-05-2005

 
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