Traffic accidents in Greece

TRAFFIC ACCIDENTS IN GREECE – INJURY OR DEATH OF DRIVER / PASSENGERS – PENAL PROVISIONS – IMPOSED PENALTIES – REPRIEVE OF CRIMINAL SANCTIONS – CRIMINAL RECORDS

Personal Injury by negligence (i.e. the injury of pedestrians, drivers or passengers caused by a vehicle’s driver) is a criminal offence punishable under Articles 314-315 of the Greek Penal Code.

1. In order to initiate the prosecution against the driver who caused the injury, a complaint should be submitted by the victim. The prosecution can be exercised ex officio, in case that the perpetrator –according to the provision of paragraph 1 of Article 31a of Greek Penal Code– was obliged and expected to pay special attention (e.g. professional driver).

The complaint is usually submitted to the Traffic Police Department conducting the preliminary investigation of the incident, after the following statement is made by the victim giving testimony before the police officer – pre-examining official: “for my injury I wish for the responsible driver to be prosecuted”.

However, in any case, in Greece the criminal complaint is filed at the latest within 3 months after the injured person has been proven able to exercise his/her rights. Finally, in case of severe injury and a prolonged hospitalisation of the victim (ICU etc.) the submission of the complaint can be made by his/her close relatives.

2. Cases of Personal Injury caused by Traffic accidents (Articles 314-315 of Greek Penal Code) are heard before Single-Member Misdemeanors Court, irrespective of the type and severity of the injury.

Once the accused driver is found guilty, a sentence of imprisonment of up to 36 months is imposed at the discretion of the Court, depending upon the severity, but also the attendant consequences of the injury (e.g. causing partial or total disability, etc.).

The penalty is redeemable after being converted into a pecuniary penalty.

The perpetrator of the accident has the right to appeal against the conviction issued by the court of first instance. In such case, the penalty is not executed and the offender remains free. If the perpetrator has no criminal record, then the Court grants a 3-year suspension, provided that he/she pays only the court fees.

3. In the case which the victim has died due to physical damage suffered, then Article 302 of the Penal Code applies, which states: “whoever causes the death of another person by negligence, shall be punished with imprisonment of at least three months.”No criminal complaint is required, since the exercise of criminal prosecution against the offender is exercised ex officio.

Upon conviction of the responsible driver, the penalty may amount to imprisonment of up to three years, but it can be extended further in certain cases (eg. driving under the influence – driving without licence – driving inability – abandonment of victim etc.)

As for the serving of the penalty the same provisions apply as to the case of Personal Injury by negligence. Finally, it should be noted that following the expiry of the 3-year suspension, all charges stay on the offender’s Criminal Record, with all attendant implications.