Study on children's involvement in judicial proceedings : contextual overview for the criminal justice phase : Greece

In Greece juvenile courts are constitutionally established in order to adjudicate cases involving child suspects/defendants. Juvenile judges serve in these specialised courts; however, they are not obliged to undergo specific training before taking this position. During the criminal proceedings child suspects/defendants also come into contact with the police, public prosecutors, juvenile investigating judges, juvenile probation officers and youth protection associations. According to the Penal Code, a child between the ages of 8 and 14, inclusive, cannot be held 'criminally responsible' for a crime but can nevertheless be subject to reformatory or therapeutic measures by the court, with the former being noted in the child's criminal record. Only children from the age of 15 to 17, inclusive, can be held criminally responsible for certain serious crimes where it is deemed necessary to imprison the child. The PC does not apply to children below the age of 8, which means that in case they commit a criminal act they can only be subject to parental custody. The adjudication of offences committed by children is undertaken by special courts called 'juvenile courts'. The provisions applicable to child suspects/offenders are to be found in the Penal Code, the Penal Procedure Code, the Correctional Code as well as specialised legislation. Child victims and witnesses are protected under the Penal Code, the Penal Procedure Code as well as specialised legislation. Child victims who acquire the status of civil claimants become parties to the criminal proceedings against their offender and thus have significant rights in order to defend their position. In the Greek legal system the strengths with respect to the involvement of children in judicial proceedings lie predominantly in the regulation of child suspects' rights. On the other hand gaps have been identified with respect to the protection of both child victims/witnesses and child suspects/defendants/offenders.