Bodily harm — that is, the offense against physical integrity and health — is classified under substantive criminal law into four (4) types: 1) simple bodily harm (Article 308 of the Penal Code (PK)), 2) dangerous bodily harm (Article 309 PK), 3) grievous bodily harm (Article 310 PK), and 4) fatal bodily harm (Article 311 PK). All of the above forms of bodily harm are punishable when committed with intent, regardless of the type. Bodily harm caused by negligence is punishable under Article 314 PK. The classification of a bodily harm offense is of great importance, as it determines the threatened penalty.
Example
A success of our firm: an acquittal judgment on a charge of dangerous bodily harm at the appellate trial before the Athens Three-Member Misdemeanors Court: Acquittal Judgment – Appeal – Dangerous Bodily Harm – Three-Member Court
Bodily harm in road traffic accidents
A common context in which bodily harm arises is road traffic accidents. The law provides for compensation of the injured party both for the material and bodily damage caused by the accident, and for the moral damages sustained. The compensation must cover and reimburse anything the injured party has spent, has been deprived of, or needs as a result of the road accident. “Anything spent” means compensation for every expense of the injured party, small or large, including medical fees, private nurses, hospitalisation costs, pharmaceutical expenses, physiotherapy expenses, taxi costs for necessary transport, the purchase of a new helmet or clothing or a mobile phone that was destroyed, etc. “Anything the injured party was deprived of” means compensation for the income and earnings lost during the recovery period, as well as compensation for the moral damages suffered because, due to the injury, they endured hardship and were deprived of their social and personal activities during the same period. “Anything the injured party needs” means compensation for the care and attention that had to be provided by their relatives without payment, and any expense of future surgical intervention — for example, removal of osteosynthesis material or for aesthetic reasons (plastic surgery).
- See also article Defamation
- See also article Narcotics
- See also article Fraud
- See also article Forgery
- See also article Embezzlement
- See also article Manslaughter (Negligent)
- See also article Tax Evasion
FREQUENTLY ASKED QUESTIONS ABOUT BODILY HARM – LAWYER
1. What sentence do I face for bodily harm?
The penalty depends on the classification of the act. Simple bodily harm (Article 308 PK) is punishable at the misdemeanor level by imprisonment of up to three years or a monetary penalty. Dangerous bodily harm (Article 309 PK) carries a stricter sentence of imprisonment, while grievous bodily harm (Article 310 PK) and fatal bodily harm (Article 311 PK) can reach felony level. Negligent bodily harm (Article 314 PK), encountered chiefly in road traffic cases, is punished more leniently. The correct legal classification is critical and is often successfully contested in the courtroom, leading to a downgrading of the charge or even an acquittal.
2. How can the sentence be reduced or suspended?
If a conviction is handed down, there are several ways to limit its consequences. The recognition of mitigating circumstances (Article 84 PK) — such as a previously honest life, sincere remorse, or good conduct after the act — significantly reduces the sentence. In misdemeanor-level bodily harm cases, suspension of sentence (Article 99 PK), conversion into a monetary penalty, or community service is available. An out-of-court settlement with the injured party also plays an important role and may lead to withdrawal of the criminal complaint for offenses prosecuted upon complaint, terminating the criminal proceedings.
3. What should I do if I am arrested following a fight?
In the event of an in flagrante delicto arrest for bodily harm, the presence of a lawyer from the very first moment is decisive. The defendant has the right to remain silent and the right not to give a statement without first consulting counsel. Hasty statements at the police station, without legal preparation, often result in declarations that bind the defendant until the end of trial. The lawyer will request a deadline for the defense statement, examine the case file, identify weaknesses in the charge (challenge to intent, issues of self-defense, provocation by the injured party), and build the line of defense before the case even reaches the courtroom.
4. Is there any chance of avoiding conviction?
Yes — and the possibilities are greater than they appear at first glance. Self-defense (Article 22 PK) is a ground for the exclusion of unlawfulness where the defendant reacted to an attack. Excess of self-defense due to fear or agitation leads to non-punishability. Frequently, intent, the causal link with the injuries, or the classification as “dangerous” is contested. The examination of defense witnesses, the forensic medical assessment of the injuries, and any video footage are of significant importance. Our firm has obtained an acquittal judgment on appeal in a case of dangerous bodily harm before the Athens Three-Member Misdemeanors Court.
5. How long do criminal proceedings take?
The duration varies according to the seriousness of the charge. In misdemeanor-level bodily harm cases, between the filing of the complaint and the hearing before the Single-Member or Three-Member Misdemeanors Court, one to two years generally elapse, while the appeal trial requires another year. In felony cases of grievous or fatal bodily harm, a main investigation and an order of the Council of Misdemeanor Judges precede the trial, so the entire process can last three to five years. The client is kept informed of every stage and deadline, so as to avoid unforeseen events such as a default judgment or loss of rights.
6. What is your lawyer’s role?
Our firm undertakes the defense of the accused from the very first stage — preliminary investigation, defense statement before the investigating judge, representation in the courtroom at every level of jurisdiction, up to and including Areios Pagos (AP) where necessary. We study the case file in detail, identify contestable points in the charge, prepare defense witnesses, and submit standalone pleas regarding mitigating circumstances and any grounds for excluding unlawfulness or imputability. Where feasible, we explore the possibility of a settlement with the injured party. Our specialization in criminal law and our experience in bodily harm cases is demonstrated by the acquittal judgments rendered in favor of our clients.