greece criminal responsibility of minors

8/2/2019 Greece Criminal Responsibility of Minors

http://slidepdf.com/reader/full/greece-criminal-responsibility-of-minors 1/25

GREECE / CRIMINAL RESPONSIBILITY OF MINORS IN THE

NATIONAL AND INTERNATIONAL LEGAL ORDERS

Angelika PITSELA érès | Revue internationale de droit pénal

2004/1 - Vol. 75pages 355 à 378

ISSN 0223-5404

Article disponible en ligne à l'adresse:

--------------------------------------------------------------------------------------------------------------------

http://www.cairn.info/revue-internationale-de-droit-penal-2004-1-page-355.htm

--------------------------------------------------------------------------------------------------------------------

Pour citer cet article :

--------------------------------------------------------------------------------------------------------------------

PITSELA Angelika, «Greece / Criminal responsibility of minors in the national and international legal orders»,

Revue internationale de droit pénal , 2004/1 Vol. 75, p. 355-378. DOI : 10.3917/ridp.751.0355

--------------------------------------------------------------------------------------------------------------------

Distribution électronique Cairn.info pour érès.

© érès. Tous droits réservés pour tous pays.

La reproduction ou représentation de cet article, notamment par photocopie, n'est autorisée que dans les limites desconditions générales d'utilisation du site ou, le cas échéant, des conditions générales de la licence souscrite par votre

établissement. Toute autre reproduction ou représentation, en tout ou partie, sous quelque forme et de quelque manière que

ce soit, est interdite sauf accord préalable et écrit de l'éditeur, en dehors des cas prévus par la législation en vigueur en

France. Il est précisé que son stockage dans une base de données est également interdit.

D o c u m e n t t é l é c h a r g é d e p u

i s w w w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0

3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

23

10

2

0

©

éè



GREECE

CRIMINAL RESPONSIBILITY OF MINORSIN THE NATIONAL AND INTERNATIONAL LEGAL ORDERS

Angelika PITSELA *

I - Justification of the principle

1. Is the principle of the criminal responsibility of minors announced in an explicitmanner by a legal text? When necessary, has the jurisprudence helped to completethe legislative dispositions or filled the silence of the law?

The principle of criminal responsibility of minors in the Greek national legal system isannounced in an explicit manner by the legal text in the following way: Article 126 (1)

of the Greek Penal Code (PC) under the title "Minors criminally irresponsible" reads as

follows: An offence committed by a child shall not be imputed to him or her. Onlyeducational or curative measures shall apply. According to the provision of article 126(2) PC, a juvenile who has committed an offence shall be subject to educational or curative measures if there is no case for him or her to be subject to penal correction in

accordance with the provisions of the following article. Article 127 (1) PC, under thetitle "Minors criminally responsible," reads as follows: “If from the circumstances under which the offence was committed and the entire personality of the offender the courtfinds that penal correction of the juvenile is necessary in order to prevent him/her from

committing further offences, it shall sentence him/her to detention in a correctional

institution. “

Consequently, Greece recognizes the concept of the age of criminal responsibility for young persons in conformity with the terms of article 40 (3) (a) of the Convention on

the Rights of the Child (CRC). A minor is a person between seven and seventeen

* Assistant Professor, Aristoteles University of Thessaloniki, Law School, Section of Criminal

Law and Criminologie (Greece)/

D

o c u m e n t t é l é c h a r g é d e p u i s w w

w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè



356 International Review of Penal Law (Vol. 75)

years of age, inclusive. The minimum age for criminal responsibility is twelve years of

age, completed. Underage persons who have not completed twelve years of age(children) shall not be held criminally responsible. A person bears limited criminalresponsibility in his or her thirteenth year (12 years and one day) up to seventeen

years (juveniles).

Penalties shall not be imposed on children. On juveniles they will be imposed onlyunder exceptional circumstances. The age of full adult criminal responsibility arises

with the completion of the seventeenth year of age.

2. Is the principle of the criminal responsibility of minors based on classical legal

reasoning (imputability/guilt) or is it based more on a criminological concept of “criminal capacity"?

The principle of criminal responsibility for minors is based on classical legal reasoning(imputability/guilt). The criterion of "discernment" was abolished by the Greek PenalCode of 1950 (in force since 1.1.1951). The introductory report of the law draft for theratification of the penal code notes that the typical criterion of discernment is abolished

and a new solution is followed. It now rests with the judge to decide on each particular case, in light of the circumstances under which the criminal act was committed and the

entire personality of the offender, if he is criminally liable and, if so, whether penalcorrection is necessary in order to prevent him from committing further offences, or

whether educational or curative measures would be sufficient and more effective. If the court believes that penal correction is essential, it sentences the offender todetention in a correctional institution for a relatively indefinite time.

The definition of criminality in statutory criminal law defines children always as beingcriminally irresponsible. Juveniles never bear full criminal responsibility as adults do,because their mental, social and emotional disposition towards social values and legalstandards governing life in a community are not fully developed. Criminal

irresponsibility or limited criminal responsibility is not considered to be exceptional.The term refers to a normal characteristic and is defined exclusively by a biological or physiological criterion. In other words, criminal irresponsibility or limited criminalresponsibility is considered to be a natural phenomenon at this point in an individual’s

physical, mental, social and emotional development and is not related to anypathological conditions.

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè



Revue Internationale de Droit Pénal (Vol. 75) 357

3. Are there existing doctrinal or legislative tendencies which, if necessary, aim at

giving the responsibility of minors a specific justification?

Existing doctrinal tendencies aim at giving the responsibility of minors a specific

justification. Some scholars have argued that the criterion of dangerousnessdetermines the differentiation between juveniles who are deemed "criminallyresponsible" (Article 127 PC) and those deemed "criminally irresponsible" (Article 126PC). The substantial prerequisite for the imposition of detention in a correctional

institution is widely regarded to be the juvenile's dangerousness (i.e., the potential for commission of further offences). Therefore, many perceive penal correction strictly asa security measure, thus dangerous juveniles are held to be "minors criminally

responsible" .

It must be noted that according to PC article 51 (1 ), detention in a correctionalinstitution is a punishment through the deprivation of liberty. Furthermore, the juvenilecourts, according to article 1 of Penal Procedure Code (PPC), are criminal courts.

4. Does a specific concept of juvenile crime" exist which is independent of the principle

of criminal responsibility; and, if so, for what types of acts?

As a rule, the concept of "juvenile crime" is independent of the principle of criminalresponsibility for all types of acts. The imposition of educational and curative

measures does not presuppose the offender's criminal responsibility. Only whendetention in a correctional institution (the sole custodial penalty for juveniles) isimposed, is the court obliged to examine in each particular case the personal

responsibility of the young offender. It has to be noted that educational measurescomprise the overwhelming majority of the sanctions imposed on juveniles.

It is worth mentioning that in the Greek legal order the age of the offender does affectthe legal characterisation of the act committed, which will be considered either as a

petty offence or a misdemeanour. More precisely: in Greek penal law criminal offencesare grouped into three major categories: petty offences, misdemeanours and felonies. According to article 18 of Penal Code, any act punishable with confinement in apenitentiary is a felony. Any act punishable with imprisonment or with pecuniary

penalty or detention in a correctional institution is a misdemeanour. Any actpunishable with jailing or a fine is a petty offence. Consequently, every offence, whichmay be punished with detention in a correctional institution, regardless of its duration,

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




is a misdemeanour. Felonies committed by juveniles have, as a legal fiction, the

character of a misdemeanour because detention is limited to correctional institutions.This is the heaviest penalty that can be imposed on minors by law (articles 18, 121,127 PC). Hence, a criminal offence that is a felony if committed by an adult is always a

misdemeanour if committed by a juvenile. It maintains its character as amisdemeanour even if a juvenile is brought to trial after the age of 17. Consequently,in the case of juveniles there are two categories of crimes, petty offences andmisdemeanours, while for adults there are three. Criminal acts committed by juveniles

lose the character of felonies. Every criminal act, apart from petty offences, committedby a juvenile is characterized as misdemeanour.

This particularity of the Greek penal law concerning juveniles has variousconsequences favourable and unfavourable to juveniles. Some experts on criminal

policy endorse the view that it constitutes an essential step torward the socialreintegration of juvenile perpetrators of serious crimes. From a more dogmaticviewpoint, however, it is considered to be an arbitrary conception.

As felonies committed by juveniles are characterised as misdemeanors, they are

consequently being prescribed, like misdemeanors, after five years (articles 18, 111(3) PC). Moreover, according to PC article 111 (1), (2) and (3), prescription of crimes

is suspended while criminal prosecution cannot start or continue, or while the mainprocedure lasts and until the court's verdict becomes irrevocable. In these cases,

suspension of prescription cannot last more than three years for misdemeanors.

Accordingly, the maximum time for prescription is eight years after which criminal

prosecution definitively ceases.

Additionally, crimes perpetrated in a foreign country by a juvenile Greek citizen cannotbe prosecuted in Greece unless the victim wishes this to happen, and prompts it byraising a relevant complaint or the foreign government of the country wherein the

crime was committed requests it (PC article 6 (3)). Finally, according to article 6 (4) of the Greek Constitution the law shall determine the maximum term of detentionpending trial, which cannot exceed one year for felonies and six months for misdemeanors. In the event of extraordinary circumstances, the said maximum may

be extended by six and three months respectively, by a ruling of the competent judicialcouncil. Bearing in mind that felonies committed by juveniles are always

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




misdemeanors, detention pending trial in their case as a rule cannot exceed the period

of 6 months and as an exception the period of 9 months.

There exist, however, some unfavourable procedural consequences, which cannot havebeen intended by the legislature. For instance, a defence counsel cannot be appointed

by the court e x offic io, an obligation that it holds when it tries felonies (article 340 (1)Penal Procedure Code), as juveniles never commit felonies. Another unfortunate

consequence is that a juvenile accused of having committed a crime is not permitted tolodge an appeal against the order of committal to trial given by the judicial council(division of a court of justice). Such a possibility is given by law only to offenders accused

of having committed a crime punished with a minimum sentence of one year in prison(article 478 (1 ) (a) PPC). Juveniles, however, are never sentenced to imprisonment, butto detention in a correctional institution. Likewise, the juvenile does not have the right toappeal to the Supreme Court against an order of committal to trial, as once again, law

presupposes committal to trial for the perpetration of a felony while, according to theabove described fiction of law, a minor never commits a felony (article 482 (a) PPC).

Obviously, the clause set forth in PC article 18, was meant to serve the need to detachtrials of minors having committed a felony from the courts using juries, and at the time

(1950) there was no relevant provision included at the Constitution that would excludethem from their competence. Later on, however, when such a provision was added tothe Constitution, the clause of PC article 18 was not abolished. The legislator'somission should therefore be interpreted as a factual demonstration of the lenienttreatment of minors.

It should never be interpreted in a way that would violate their basic procedural rights.It stands against the ratio legis for a rule that was instituted for the minor's bestinterest to be interpreted against it.

5. Does a tendency exist to exclude minors from benefiting from the juvenile justicesystem for the sake of treating them as adults for certain crimes that are particularlyserious (for example: acts of terrorism, rape . . .) ?

There is no tendency to exclude minors who find themselves in conflict with the law

from benefiting from the juvenile justice system for the sake of treating them as adultsfor certain crimes that are particularly serious.

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




Il - The Question of Different Categories of Age

1. What is the age of criminal majority? Has this age been recently modifed? Are thereexisting tendencies to increase or lower this age? For what reasons?

Greece does not have a special statute on Juvenile Criminal Justice. In the PenalCode, however, there is a special chapter with provisions on minors. Most of theseconcern the sanctions which can be imposed. Issues that concern the juvenile courts

and the criminal procedure for minors are regulated in the Constitution and in theCode of Penal Procedure. For the minor prisoners there are some special provisionsin the Correctional Code.

Chapter 8 of the General Part of the Penal Code (PC articles 121-132) deals with

"Minor Offenders". PC Article 121 reads as follows: Minors, under the present chapter,shall be defined as those persons between seven and seventeen years of agecompleted. Those under twelve years of age completed shall be defined as children,and the remainder are called juveniles.

The age of full adult criminal majority is eighteen years of age, not 17 years and oneday completed. Any offender who attains the age of criminal majority is subject to the

competence of the courts for adults (ordinary criminal courts), while minors at the timethe criminal act was committed will be referred to the specialized juvenile courts.

The age of criminal majority has not been modified since 1951. However, there areexisting tendencies to increase the age limit from seventeen to eighteen years

completed. The members of the working committee for the reform of the juvenile lawby the Ministry of Justice have also recognized the need to increase the age of criminal majority from seventeen to eighteen years completed. The increase of the ageof criminal majority to 18 years was proposed and adopted by the working committeefor the reform of juvenile law for the following reasons:

1. Harmonization with the age of majority provided by civil law. Under Civil law a minor is a person who has reached the age of 18 (Civil Code article 127) while under penallaw a minor is a person who has reached the age of 17 (Penal Code article 121). That

way the definition of the age of majority will be established uniformly in both criminaland civil law at 18 years of age.

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




Consequently, the inconsistency in the definitions of a minor within Greek legislation is

set aside by the new draft of juvenile law; minors are protected by the juvenile justicesystem up to the age of 18.

b) Conformity with the provisions of the Convention on the Rights of the Child and therelated juvenile justice administration standards set forth in international instrumentsthat apply to all children up to the age 18. (Rules for the Protection of JuvenilesDeprived of Their Liberty etc., see: Concluding Observations of the Committee on the

Rights of the Child: Greece. 01/02/2002 (CRC/C/15/Add.170), para 29-30).

2. Is there a minimum level under which the minor can not be punished or receive

educational measures for the crime he/she has committed? If so, does this levelconsist of a chronological age or can it vary according to the subject? In this latter

case, what is the criterion (legal, philosophical) which determines this level?

The minimum level under which a minor cannot be punished for the crime he or shehas committed is twelve years of age completed. The minimum level under which theminor cannot receive educational measures for the illicit act he or she has committed

is seven years of age. Consequently, each level consists of a chronologically fixed ageand cannot vary depending on the subject.

Delinquents between seven and twelve years of age may be sanctioned with

educational measures (article 122 PC) or curative measures (article 123 PC).

Delinquents between thirteen and seventeen years of age may be sanctioned with

educational measures (article 122 PC) or curative measures (article 123 PC) or, as alast resort, punished with detention in a correctional institution (article 127 PC).Minor offenders are free of criminal responsibility for their acts until they reach the ageof twelve. An irrefutable presumption of the absence of criminal responsibility isapplied to all acts committed by children. The juvenile court is not obliged to consider

whether a child, by virtue of his or her individual discernment and understanding, canbe held responsible for a criminal act.

Although children who are accused of or recognized as having infringed the penal law

are criminally irresponsible, they are submitted to judicial proceedings and tomeasures. Children are subject to the exclusive competence of the one-member (one judge) juvenile courts (minors' courts).

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




The application of educational measures does not presuppose criminal responsibility

of the minors (or its imputability). Educational measures can be applied in spite of thetotal absence of criminal responsibility. A court's decision imposing educationalmeasures is equivalent to an acquittal. It is, however, registered in the minor’s criminal

record until they reach the age of 17. The educational, as well as the curative,measures are security measures that replace a more severe penalty, according to thepredominant theory and consistent jurisprudence.. The above measures also havebeen asserted as measures of an administrative and not penal nature.

The educational measures are: (a) reprimand, (b) supervision order carried out byparents, trustees or guardians, (c) supervision order carried out by probation officers,

an educational institution or societies for the protection of minors, and (d) placement inan appropriate state, municipal, communal or private educational institution (PC article

121 (1)). The last measure entails deprivation of liberty and it is the sole custodialeducational measure that can be served only in state institutions, as municipal,communal or private educational establishments do not exist. Additional educationalmeasures and duties related to the minor's lifestyle and upbringing may be imposed inindividual cases (PC article 121 (2)).

Above the age of the absence of criminal responsibility and below the age of criminal

majority a young person can be held criminally responsible and be subjected toeducational measures or to detention in a correctional institution. A juvenile shall be

subjected to the same educational or curative measures as a child, if the court doesnot consider that he or she should be submitted to correctional treatment in aninstitution, according to PC article 127 (1). Detention in a correctional institution may

be imposed on a juvenile, if the court finds from the examination of the circumstancesunder which the offence was committed and on the basis of the whole personality of the offender, that his/her penal correction requires such a punishment in order to makehim/her refrain from the commission of further offences is likely. In such exceptionalcases the juvenile must be considered criminally liable. It is to be noted that, as

deduced from the comparison of both PC articles 126 (2) and 127(1), educationalmeasures constitute the rule, while detention in a correctional institution is theexception, an exception that shall be justified by the existence of the prerequisites asset forth in PC article 127.

The decision imposing penal correction sets only the lower and upper limit of detention(PC article 54) and is recorded in the criminal record. Its deletion from that record is

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




age. They are kept in special correctional institutions, or special units of correctional

institutions, and always separated from adult detainees.

Persons below seven years of age (i.e. children) are not subject to criminal law

regulations. Children are not subject to the criminal law. They have no capacity toinfringe the criminal law and they are not subject to the competence of the juvenilecourts. In Greece the minimum age below which persons shall be presumedabsolutely not to have the capacity to infringe the criminal law is seven years (i.e.

minimum age: six years and one day). Under the age of seven years persons aresubject only to the competence of the civil court judge, in the event of the commissionof an offence. These very young persons have no involvement in criminal

proceedings. Educational or curative measures shall not be imposed on them and acriminal prosecution cannot be initiated.

4. Are there specific dispositions that apply to the category “young adults"? If so, up towhat age can a subject be considered a part of this special regime?

The penal treatment of young offenders is regulated in PC article 133, which is part of

the Penal Code's chapter on minor offenders. If, at the time of the commission of anoffence, a person has completed his/her 17th year but not the 21st, the court may

impose a mitigated punishment according to the provisions of PC article 83. The ageof the young adult offender is taken into consideration as an extenuating circumstance

(according to the discretionary power of the court). Consequently, young adults agedbetween 18 and 21 years, at the time the offence was committed, are subject to adultcriminal law. However, the court is allowed discretion to impose a lenient sentence.

Young adults are subjected to the ordinary criminal courts.

Ill - Judicial Establishment of Criminal Responsibility of Minors

1. Are there special jurisdictions competent to judge minors who commit crime? Whenthese jurisdictions exist, to what extent do they use juries or have members of other professions sit with the professional judges? Specify the composition of these jurisdictions.

The objectives of Greek juvenile court proceedings are the re-education andreintegration of the minor offender. The specific procedural position of the minors is

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




provided for in the Greek Constitution. Article 96 (3) of the Greek Constitution reads as

follows: Special laws shall regulate matters relating to juvenile courts to which theprovisions of articles 93 (2) and 97 may not be applied. Sentence in these courts maybe pronounced in camera. According to article 97 (1) of the Greek Constitution

felonies shall be tried by mixed courts, composed of a majority of regular judges and jurors. Moreover, article 93 (2) of the Greek Constitution declares that the sessions of the courts of law shall be public. Consequently, felonies committed by juveniles arenot tried by mixed courts but by juvenile courts, and the sessions of the juvenile courts

are not public but in camera (see, for example, special law 3315/1955).

Greece has a system of juvenile justice special courts, which have special

competence to judge minors who commit crime. The juvenile courts are criminal courts(PPC article 1). The special juvenile justice system and its juvenile courts have

exclusive jurisdiction over all young persons aged between seven and seventeenyears, at the time the offence was committed.

The special jurisdiction for juveniles does not use juries, nor does it have members of other professions sit with the professional judges. These courts consist of a one-

member and a three-member juvenile court of first instance and a three- member juvenile court of second instance (juvenile court of appeal). These courts are not

limited to educational or curative measures, but can also impose detention in acorrectional institution, as well as the mitigated penalties of the adult criminal law.

Children are subject to the exclusive competence of the one-member juvenile courts.Juveniles are subject to the exclusive competence of the one- and three-member juvenile courts. The specialized courts for minors are not located separately from

courts competent for adults. The juvenile court has considerable discretionary powers.First-degree juvenile courts function at each court of first instance, while second-degree juvenile courts function at each court of appeal. One judge of minorscomposes the one-member juvenile courts. The judge of minors and two younger judges (if possible of first instance) compose the three-member juvenile courts. The

judge of appeal and two younger judges (if possible of appeal) compose three-member juvenile courts of appeal. Juvenile judges are appointed for two years bypresidential decree that is issued after the proposal of the public prosecutor of appealand the consent of the judicial council or the judge-director of the court in question.

The same procedure is followed for the appointment (lasting two years) of judges atthe juvenile court of appeal. In courts where more than twenty judges serve their duties, the juvenile judges are appointed by the court's plenary session. The juvenile

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




judge's term can be renewed for another two years following the same procedure and

provided that the judge so wishes. This means that a judge can serve as a juvenile judge for a total of four years. Violation of the provisions regulating composition of juvenile courts renders the procedure invalid and reverses the court’s verdict. There is

no special provision concerning the public prosecutor's, or the secretary's,participation in the juvenile court composition. However, general procedural provisionscontrol instead, and for the court's lawful composition, the participation of the publicprosecutor and a secretary is required. Non-participation of the public prosecutor at

the court proceedings will render the whole procedure invalid and reverses the courtverdict.

When minors have participated at the commission of a felony or petty offence,prosecution is always separated for them and the juvenile court gets control of the

case. Concerning misdemeanors, however, and, as an exception, in a common trialfor all accomplices, a criminal court may try the case, if the public prosecutor or the judicial council consider that the interests of justice are better served that way. Thecourt, however, may always order the separation of cases during the hearings at themain procedure (PPC article 130).

According to the Court Statistical Data at the Statistics of Justice, an annual edition of

the National Statistical Service of Greece, it is concluded that the overwhelmingmajority of juveniles are tried and have sanctions imposed by the one-member juvenile

courts and, very rarely, by the three-member juvenile courts. Each year, about 5-10%of the total number of juveniles submitted to sanctions were sanctioned by the ordinarycriminal courts.

It should be mentioned here, that 3633 out of 4965 minors (73%) in 1996 weresanctioned for violations of the so-called Special Penal Laws, such as traffic violations,843 (17%) for crimes against property, 137 (3%) for crimes against personal libertyand 84 (2%) for bodily harm, including that inflicted by negligence in motor vehicle

accidents. It is also worth mentioning that during the same year there was a significantincrease of committed crimes that fall in the category of “begging" compared to theprevious year. In 1995, 63 minors were sanctioned for "begging.” This figure wasduplicated in 1996 and a total of 121 minors were sanctioned during this year.Similarly, during 1996 out of 1332 minors that were sanctioned for crimes - violations

of the Special Part of Penal Code, 843 (63%, i.e. two out of three) were sanctioned for crimes against property. Accordingly, it becomes obvious that the criminality of

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




juveniles is limited to a narrow number of crime categories.

2. How is the responsibility/irresponsibility of the minor established judicially? Does the jury or do the non professional judges take part in pronouncing the minor guilty or not

guilty?

The juvenile court establishes only the commission of the offence when it orderseducational or curative measures, whilst when it imposes detention in a correctional

institution it additionally pronounces the minor as being criminally responsible. As wasmentioned above, the special jurisdiction for juveniles does not use juries nor does ithave members of other professions sit with the professional judges.

3. Does the court have recourse to prior investigations, obligatory or optional

(expertise, medico-psychological examination, personality study), before ruling on thequestion of the responsibility of the minor?

As a rule, the court may have recourse to prior investigations (expertise, medico-

psychological examination, personality study), before ruling on the question of theminor’s responsibility. In practice, however, such opportunities are rarely used due tolack of relevant resources.

4. Are there two distinct stages, one deciding the question of the minor's guilt(conviction stage) and the other pronouncing the sanction (sentencing stage)?

No, there are not.

5. Briefly describe the role of the victim when the crime is committed by a minor. Can

the victim initiate the action? Is the victim allowed to ask for the reparation before the jurisdiction that judges the minor's responsibility? Can the victim obtain reparationeven if the minor is considered irresponsible? Before what court (civil or criminal)?Finally do alternative procedures (of the mediation-reparation type) exist?

The victim can initiate the action against the minor offender and is allowed to ask for the reparation and to obtain symbolic reparation before the jurisdiction that judges theminor's responsibility. The victim of a crime can participate in the trial before the juvenile court as a litigant bringing his civil claims for any damage that has suffered

(compensation and restoration of damage, financial redress for moral damage or mental anguish). The victim can also request reparation before the juvenile court evenif the minor is considered criminally irresponsible. This possibility exists even if the

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




court has imposed educational or curative measures. The victim can, however,

request (and possibly obtain) complete reparation before a civil court. There is no legalprovision that prohibits civil action in juvenile court.

Basic rules that regulate the assertion of civil claims for compensation and restorationof damages, financial redress for moral damages or mental anguish before thecriminal court are provided in the provisions of PPC articles 63-70 and 82 -88.

Alternative procedures (of the mediation-reparation type) do not yet exist in Greece.The working committee for the reform of juvenile law by the Ministry of Justice hasintroduced a draft law that contains a variety of educational measures in favour of the

victim of a crime (e.g. mediation, victim-offender reconciliation, compensation of thevictim and restitution for injuries) which aims at the social reintegration of the offender

as well. The above mentioned educational measures are foreseen in the new draft lawto apply also in cases of dismissal from criminal prosecution (diversion).

IV - Sanctions and Measures Applicable

1. What measures can be applied to minors before judgment (provisional detention, judicial supervision, constraining measures/and or educative measures) ?

Although a child is criminally irresponsible, penal prosecution against him/her is

possible, but neither constraining measures nor provisional detention pending trial areallowed. Article 17 of the law 2298/1995 provides that, irrespective of the commissionof an offence, a minor aged between seven and eighteen years is also subjected to

welfare measures, including custodial placement, against his or her will but with theconsent of his or her parents, when he or she faces problems of social integration,especially when he or she lives with persons who commit offences habitually or professionally. The parents' consent is not always necessary according to theprovisions of civil (family) law for the placement into care of a child (a person below

the age of 18 years) who is at risk due to such facts.

Constraining measures as well as pre-trial detention or provisional detention before judgment can be applied to juveniles. Constraining measures, incident to the provision

common for all accused persons of PPC article 282 (2), are mainly the following: theoffer of bail, the offender's obligation to appear at intervals before an examining judgeor other authority, the prohibition of passage or residence abroad in a certain place,

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




and the prohibition of having associations or encounters with certain persons. Special

constraining measures such as educational measures, for juveniles are not currentlyprovided by the Penal Procedure Code (but are part of the new law draft).

Pre-trial detention is a measure of last resort, restricted to the most serious crimes, inconformity with the terms of article 37 (b) of the Convention on the Rights of the Child.Custody awaiting trial is limited to exceptional circumstances. It is imposed only if there are no other non-custodial options.

A juvenile may be set on remand for the same substantive reasons as an adult, i.e. if he/she is prosecuted on the basis of serious evidence of guilt for the commission of a

felony and, additionally, (a) he/she has proceeded to preparatory actions in order tofacilitate his/her escape, or (b) he/she has been a fugitive in the past or has been

found guilty of escape from prison, or of violating residential restrictions, or finally, (c)one is reasonably justified to believe that, if he/she is left free, it is possible that he/shewill commit more crimes (PPC article 282 (3)). Nevertheless, the law provides for evenstricter regulations favoring the juvenile: the accused juvenile can be put in detentionpending trial, only if, for the respective crime, a penalty of at least 10 years of

imprisonment is provided by law and regardless of the duration of the measures thatare likely to be imposed in the given case (PPC article 282 (5)). Consequently,

domestic legislation provides that pretrial detention is imposed on juveniles when thealleged crime is a felony that would carry a sentence of 10 years or more.

2. If the minor is judged responsible, does the court have a choice betweenpronouncing a punishment or an educational measure, or does it have no choice?

The court has a choice between pronouncing a punishment or an educationalmeasure, if the minor is judged responsible. However, some scholars have arguedthat if the minor is judged criminally responsible, the court has no choice and mustimpose detention in a correctional institution.

3. What is the general tendency concerning specific measures applicable to minors?There is no question concerning the application of special measures to minors. Minorswho have infringed penal laws are treated in a manner, which emphasizes socio-

educational and rehabilitative aspects. They are entitled to care and specialassistance. A minor may be subject to deprivation of liberty (placement in aneducational institution, detention in a correctional institution).

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




This reflects the ultimum refugium of the sanctions in practice. Essentially the non-

custodial educational measures are more often applied. This is due not exclusively tothe liberal crime policy towards minors, but also to shortages in institutions and staff.

The imposition of detention in a correctional institution aims at deterring the juvenilefrom the commission of further offences; otherwise, such sanction cannot belegitimised. It cannot be legitimised even in cases of serious crimes or repeatedcriminal behaviour when a favourable prognosis concerning the perpetrator’s future

behaviour has been established. The detention of minors after a judicial decision is adisposition of last resort, its duration is to be as short as possible and the youngprisoners are separated from the adults.

Curative measures are custodial measures and are applied in cases of minors who

suffer from certain types of mental or physical health problems or who are drug addictsand commit an offence (article 123 Penal Code).

According to the Court Statistical Data at the Statistics of Justice, regarding year 1996 –the last year on which official data has been published- educational measures were

imposed on 282 children in the whole country. Out of the 282, 138 (48,9%) received areprimand, 35 (12,4%) were placed under the responsible care of their parents,

trustees or guardians, and 54 (19,1%) were placed under the care of the service of supervisors for minors. Finally, 55 (19,5%) of them were placed in an educational

institution ("repressive custodial education").

A total of 5384 juveniles were tried and subjected to the following measures: 2613

(48,5%) received a reprimand, 1005 (18,7%) were placed under the responsible careof their parents, trustees or guardians, 697 (12,9%) were placed under the care of theservice of supervisors for minors and 61 (1,1%) of them were placed in an educationalinstitution ("repressive custodial education"). Only 4 of them were subjected to curativemeasures. Finally, 156 (2,9%) were subjected to detention in a correctional institution

and 847 (15,7%) to sanctions provided by the adult criminal law (in most cases shortterm imprisonment which, as a rule, must be suspended or converted into a pecuniarypenalty or fine).

The latest data given by the Minister of Justice, indicate that as of June 2002, thenumber of juvenile offenders held at the four correctional institutions or units of correctional institutions for juveniles in Greece comprises a total of 81 persons (74

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




men and 5 women). Out of those 81 detainees, 36 persons were held pending trial

and 45 persons were convicted. Out of the prisoners on remand, 2 persons were of 15years of age, 1 person of 16, 8 persons of 17 and 25 persons of 18 years of age.Three persons were women. Out of the convicted persons, one person was of 14

years of age and one was of 15, 9 persons were of 16, 14 persons of 17, and finally,20 persons of 18 years of age. Only 2 of these were women.

The members of the working committee for the reform of the juvenile law under the

Ministry of Justice have adopted the existing trisection of sanctions against minors(educational measures, curative measures, detention in a correctional institution), andproposed a wide range of educational measures (such as compensation of the victim,

community work, participation in training programme) in conformity with article 40 (4)of the CRC.

4. Do legal criteria for determining the sanction exist?

Educational measures are indefinite concerning kind and duration. The trial court may,if it deems necessary, replace an ordered educational measure by another one and

also may rescind it when it has achieved its aim (PCArticle 124 (1)). If the minor consistently escapes the supervision and guidance of his/her supervisor or escapes

from the educational institution, an event that occurs quite often, the law provides nosanctions for failure to comply with the measures. Educational or curative measures

shall terminate ipso jure at the age of twenty-one (PC Article 125). In practice, themaximum duration of the placement in an educational institution can extend to the ageof 18 years. As a rule, custodial placement lasts no longer than six months. The kind

and duration of curative measures are also indefinite. The trial court may, at any time,replace the ordered curative measures with other more appropriate measures, if itfinds this necessary, and may rescind them if they have fulfilled their function upon theadvice of a medical expert (PC Article 124 (2)).

The prison sentence for juveniles (detention in a correctional institution) is alwaysconnected to an unfavourable prognosis of the juvenile offender's personality(negative special-preventive prognosis). The juvenile court may impose thispunishment when it finds that educational measures will not be sufficient or effective to

prevent the juvenile from committing further offences.

The percentage of persons subjected to correctional detention has never exceeded

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




1% of the total number of sanctioned juveniles, during the years from 1978 to 1993.

Nevertheless, there seems to exist an increasing tendency since 1994 (1994:1,6%,1995: 2,1%,1996: 2,9%).

5. Does the court possess the means to moderate the punishment (for example, thedefense of lack of criminal capacity) or to allow for a more flexible execution of thesanction?

Alternatives to detention in a correctional institution, such as imposing suspendedsentence, conversion of a prison sentence for juveniles into a pecuniary penalty or community service, are not provided for in the law. When a juvenile is sentenced to

detention the court may not issue a probation and supervision order (suspendedsentence), because the detention sentence for juveniles requires that it be necessary

for preventing further offences. Since the juvenile punishment is always a prisonsentence of relatively undefined duration, requiring an unfavourable prognosis for theyouth's personality, there is no possibility to place the offender on probation or toconvert the youth imprisonment into a pecuniary penalty or community service. A courtmay suspend the prison sentence or convert it into a pecuniary penalty or community

service or it may fine juvenile offenders, when they are sentenced after the completionof their 17 years of age and the penalties of the adult criminal law shall apply.

However, the courts very seldom impose a fine as a main punishment to juveniles.

The court may release the offender on probation subject to a sentence of detention ina correctional institution. PC Article 129 of (as amended by Law 2207/1994) reads asfollows:

1. With the expiration of the minimum term as set forth, the court releases theoffender under probationary conditions according to the following provisions: The

judgement granting parole shall stipulate the duration of the probationary period, whichshall be not less than six months nor more than five years. In no case can it exceed

the maximum term of sentence as set forth in the court decision.2. Release under probationary conditions must be granted, unless it is ruled with a

specific reasoning that the offender's behaviour while serving of his/her sentencemakes absolutely necessary the continuation of his/her detention in order to avoid thecommission of new criminal acts. For the granting of parole, the institution's authoritiessubmit an application together with the institution's social service's report when theminimum time of detention is served.

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




3. Release under probation may be granted also before expiration of minimum term

as set forth in the court decision, but must be granted in any case, however, after theoffender has stayed at the institution for six months.

4. If the application for granting release under probation has not been accepted, a

new application can be submitted at any time.5. The duties under article 122 (2) may be imposed upon the offender during parole.6. If the released individual, during probation, commits a new crime, felony or misdemeanour by intention, the release is recalled and article 123 is applied.

7. If, after parole, the probationary period stipulated in the judgement is concludedwithout revocation, the penalty shall be deemed executed.8. A three judge minor's court, which shall sit in the misdemeanour court of the

place where the detention is executed, shall have jurisdiction to grant the release of the offender under this article.

As a rule, a juvenile is released on probation upon completion of the lower limit setforth at the court decision. However, according to PC Article 105 (6) (as added by Law2408/1996), release on probation may be applied when the convicted has served atleast 3/5 of the lower limit of detention set forth at the court decision (work days are

counted in his/her favour).

Denial of release on probation is exceptional. It is only based on a prognosis related tothe offender's behaviour while serving his/her sentence and not generally to his/her

character or personality, his/her past life or even on the act for which he/she wasconvicted and sentenced.

6. Does the execution of the sanction have any particular supervision, and accordingto which modalities (for example, a magistrate which supervises the execution of thesanction)?

The execution of the sanctions has no particular supervision. The public prosecutor

(and not the juvenile judge) supervises the execution of all sanctions imposed by the juvenile courts.

7. Does a tendency exist which favours the decriminalization of juvenile justice? Is this

tendency based on the dissociation of the responsibility and the sanction?

There are views supporting decriminalization of juvenile justice based on the

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




dissociation of the responsibility and the sanction. They could not, however, constitute

a tendency in a wider context. On the other hand, as social services of criminal justiceare not sufficiently developed in Greece, subjection of children to the jurisdiction of a juvenile court is considered to be a fact that creates considerable protection for the

rights and legal guarantees of the accused persons.

8. Can capital punishment be pronounced in the case of a juvenile, and if so, at whatage?

Capital punishment cannot be pronounced in the case of a juvenile. Greece abolishedthe death penalty for all offences committed in peacetime on the 16th of December

1993 (article 33 (1) Law 2172/1993). In Military Penal Code capital punishment hasbeen maintained for specific felonies in times of war. According to article 7 (3) of the

Greek Constitution 1975/198612001 capital punishment cannot be imposed, save incases of felonies foreseen by law and committed in wartime and related to it. ProtocolNo. 6 to the European Convention on Human Rights (ECHR) entered into force inGreece on 1 October 1998. Greece is also a party to the Second Optional Protocol tothe International Covenant of Civil and Political Rights (ICCPR).

9. Does the punishment of life imprisonment or for an indeterminate time exist?

Life imprisonment cannot be imposed for any offence committed by a person under

the age of 17 years completed. However, life imprisonment may be imposed for anoffence committed by a young adult (18-21 years) when mitigating factors related tohis/her age (as a young adult) are dismissed or not acknowledged by the court.

The detention in a juvenile correctional institution is an indeterminate sentence(imprisonment for a relatively indeterminate time). The juvenile offender receives anopen-ended sentence (from 6 months to ten years or from five to twenty years).

The minimum and maximum terms of detention are regulated in Article 54 of theGreek Penal Code under the title "Detention in a correctional institution".

The duration of the detention in a correctional institution PC Article 127) shall not be

more than twenty years nor less than five years if the offence committed is punishableunder law by deprivation of liberty in excess of ten years or by life imprisonment; in allother cases, the duration shall not be more than ten years nor less than six months.

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




Consequently, the legally admissible absolute minimum of "youth imprisonment" is six

months and the absolute maximum twenty years. By not specifying the specific periodof youth imprisonment, a court in fact passes a sentence of relative indeterminacy. It isnot a completely indeterminate sentence, but rather a semi-determinate sentence,

because certain limits have to be observed (six months to ten years, five to twentyyears). The court can exercise its discretion, without restrictions concerning the lengthof time between the minimum and maximum period (within the range of six months toten years and five to twenty years). The actual time served depends on the inmate's

behaviour in the correctional institution. After the establishment of the mandatorycharacter of release on probation (reformation of the institute of release on probationof juveniles by Law 2207/1994), the duration of detention as a rule is equal to the

minimum time of detention as imposed by the court. The release of the offender under probationary conditions must be granted with the expiration of the minimum term as

set forth by the trial court, unless the offender's behaviour while serving his/her sentence makes absolutely necessary the continuation of his/her detention in order toavoid the commission of further criminal acts.

In judicial practice the overwhelming majority of sentences impose detention in a

correctional institution of six months to one year. Rarely, the maximum durationexceeds five years.

The possibility of depriving a juvenile of liberty for a fully indeterminate period is

absolutely ruled out at the new law draft.

V - International Aspects

1. What are, briefly enumerated, the relevant dispositions in international law havingan incidence on the determination of the criminal responsibility of minors?

The definition given in article 1 of the Convention on the Rights of the Child, provides

that a child is a human being below the age of eighteen years, unless under the lawapplicable to the child, majority is attained earlier. The above provision refers tomajority and not "criminal majority". Provided that in Greece majority is attained at theage of 18 (Civil code article 127), the definition of a child as a human being below the

age of 18 is applied to the criminal justice system as well after the ratification of theCRC with the Law 2101/1992.

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




2. What authority do these dispositions have vis-à-vis national resources?

The Convention on the Rights of the Child after its ratification is an integral part of Greek domestic law and prevails against any opposite law provision (article 28 (1 ) of

the Constitution).

The Convention on the Rights of the Child, like all international conventions andtreaties signed and ratified by Greece, forms an integral part of the Greek internal

legal order and takes precedence over domestic legislation. The Convention on theRights of the Child became part of domestic law upon its ratification in 1992 (Law2101/1992) and can be directly enforced by courts in the course of juvenile justice. In

case of conflict, the Convention prevails against any opposed domestic law provision.

3. Do they have a real influence in positive law (for example, direct application) ?

The impact of the Convention on the Rights of the Child on the juvenile justice systemhas been rather insignificant. To my knowledge, no references have been made to the

Convention in the decisions of juvenile courts. Also, there are no decisions that havebeen taken in the criminal procedure of minors or by the juvenile court on the basis of articles of the Convention (especially CRC article 37 or 40). It seems that the concept,

"the Convention prevails over domestic law" has not been applied in the administrationof juvenile justice. The police force, probation officers, social workers, and correctional

staff are not yet able to incorporate the rights of the child into their daily activities.

An example: According to CRC article 40 (2) b (v), "every child alleged as or accused

of having infringed the penal law has the right, if considered to have infringed thepenal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial bodyaccording to law». Under the domestic law, however, the decisions of the juvenilecourts that impose educational or curative measures cannot be reviewed by a higher

court. Additionally, young offenders sentenced to detention in a correctional institutionare deprived of their right to appeal if their sentence is not longer than one year (PPCarticle 489). Hence, exclusion from or restriction of the right to have his case reviewedby a higher court as imposed by PPC article 489 constitutes a direct violation of CRC

article 40 (2) b (v). The direct opposition between CRC article 40(2) and PPC article489 obviously was not ascertained at the time the Convention was ratified, and for thatreason the Greek legislature omitted any reservations. The right to appeal cannot be

D


w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

©

éè




limited as foreseen by PPC article 489, as the provisions of the CRC prevail against

any inconsistent national law provision. Foremost, its provisions, being lex posterior ,have abolished relevant but inconsistent older domestic law provisions. It is therefore,absolutely imperative to establish an unconditional possibility to appeal to a higher

court, especially against the decision that imposes detention in a juvenile correctionalinstitution of a duration of six to twelve months that is not possible to suspend.

Briefly, the provisions of the CRC do have a direct influence on positive law, rather

than being directly applied. The national legislature should proceed to the neededregulations of the right to appeal, as it is argued that the recognition of such a right byInternational Conventions or Covenants does not institute a claim that could

automatically be brought to court.

4. Do particular dispositions exist concerning the criminal responsibility of foreignminors? How, for example, can one determine the age of a minor in the absence of official documents that attest to the alleged age?

Concerning the criminal responsibility of foreign minors particular dispositions do not

exist in Greek law. As a rule, the age of the minor offender is determined by his/her birth certificate. The age of a foreign minor in the absence of official documents that

attest to the alleged age may be determined by the statement of the offender in personand none other. The court does not proceed to examine witnesses on that matter or

call in experts.

5. Do special dispositions concerning police, judicial and penitentiary cooperation exist

that apply to minors who are in a criminal procedure?

As far as I know, there are no special dispositions concerning police, judicial andpenitentiary cooperation that apply to minors who are in a criminal procedure. It laysmore upon the competent authorities (police, judicial and penitentiary) to establish a

common ground of constructive cooperation.

l é c h a r g é d e p u i s w w

w . c a i r n . i n

f o - -

- 1 7 3 . 7

3 . 2 . 3

6 - 1 0 / 0 3 / 2 0 1 2 0 1 h 3 8 .

©

é r è s

D

me

éé

g

d

sw

c

rn

no

1

7

2

3

1

0

2

0

greece criminal responsibility of minors

Documents