Greek Criminal Code (following the September amendments by Law N. 4285/2014) (Excerpts)

 

Article 81A [Special aggravating circumstances]

If an act is committed out of hatred on the grounds of race, colour, religion, descent, national or ethnic origin, sexual orientation, gender identity or disability, of the person against whom the attack is committed, the minimum limit of the sentence rises as stated below:

a) In misdemeanor cases, where the minimum limit of the sentence applicable by virtue of the relevant legislation is set from ten days to one year of imprisonment, the minimum limit of the sentence rises by six months and by one year for the rest of misdemeanor cases.

b) In felony cases, where the minimum limit of the sentence applicable by virtue of the relevant legislation is set from five to ten years of imprisonment, the minimum limit of the sentence rises by two years and by three years for the rest felony cases.

c) The minimum limit of pecuniary penalty for every crime by virtue of the relevant legislation doubles.

The above imposed sentence cannot be suspended.

 

Article 79 [General aggravating circumstances]

(3) In the assessment of the personality of the criminal, the Court weights the degree of criminal disposal that the criminal expressed during the act. In order to diagnose in an accurate manner, the Court considers: 

1. The causes which led him to the commitment of the crime, the motive given and the purpose sought (…).

 

Law 927/1979, as amended by Laws 1419/1984, 2910/2001 and 4285/2014 and 4491/2017

 

Article 1 [Incitement to hatred, violence and property damage]

1. Anyone, who publicly incites, provokes, or stirs, either orally or through the press, the Internet, or any other means, acts of violence or hatred against a person or group of persons or a member of such a group defined by reference to race, color, religion, descent or national or ethnic origin, sexual orientation, gender identity, gender characteristic or disability, in a manner that endangers the public order and exposes the life, physical integrity, and freedom of persons defined above to danger, will be punished by imprisonment of from three months to three years and a fine of €5,000 to €20,000.

2. Anyone, who publicly incites, provokes, or stirs, either orally or through the press, the Internet, or any other means, acts of destruction against the assets of a person or group of persons defined by reference to race, color, religion, descent or national or ethnic origin, sexual orientation, gender identity, gender characteristic or disability, in a manner that endangers the public order and exposes the life, physical integrity, and freedom of persons defined above to danger, will be punished by imprisonment of from three months to three years and a fine of €5,000 to €20,000.

3. If the challenge, incitement, agitation or incitement of the preceding paragraphs resulted in the commission of crime, [the penalty shall be] imprisonment for at least six months and a fine of €15,000-30,000. [The penalty of] imprisonment of at least one year causes deprivation of political rights from one to five years.

4. Anyone who establishes or participates in an organization or group of any kind that systematically seeks to carry out acts of paragraphs 1 and 2 is punishable by the penalties of paragraph 1, if the act is not punishable by another heavier provision.

5. If the act in the preceding paragraphs was committed by a public official or employee in the exercise of the powers entrusted to him, [the penalty shall be]: a) where paragraphs 1 and 2, imprisonment for six months to three years and a fine of €10,000-25,000 and b) in the case of paragraph 3, at least one year imprisonment and a fine of €25,000-50,000 euro.