The law on Dangerous Driving was chosen by the Greek legislator to constitute the most vindictive provision of the Penal Code (PK). Road accidents arising from the hazardous conduct of negligent and immature drivers constitute an area of perennial conflict between the rule of law and the popular sense of justice. The provision of Article 290A of the Penal Code (PK) on dangerous driving reflects the legislator’s clear intention to enact crushing penalties for the breach of road conduct rules, in an effort to satisfy the popular sentiment shaped by the mass media.
The sole concern is the satisfaction of an incited popular sense of justice and legislation made to order, which conceals, on the one hand, ignorance of the broader logic of the law and, on the other, an unprecedented surge of legislative populism.
According to Article 290A PK on dangerous driving:
1. Whoever, in road traffic on streets or squares: a) drives a vehicle although he is not in a position to do so safely on account of the consumption of alcohol or the use of narcotic substances or because of physical or mental exhaustion, or b) drives a vehicle on national or regional roads against the flow of the respective direction, or on pedestrian streets, pavements or squares, or drives a vehicle that is technically unsafe or loaded in an unsafe manner, or performs dangerous manoeuvres while driving, or participates in improvised races, shall be punished, unless heavier penalties are provided for in other provisions: aa) with imprisonment of up to three years or a monetary penalty if the act resulted in a common danger to the property of others, bb) with imprisonment of at least one year if the act resulted in danger to a person, cc) with imprisonment (felony) of up to ten years if the act resulted in grievous bodily harm or caused damage to public utility installations, dd) with imprisonment (felony) of at least ten years, if the act resulted in the death of another. If the death of a large number of persons was caused, the court may impose life imprisonment.
- Whoever, in the cases of the previous paragraph, drives dangerously through negligence and from this act of his there resulted a common danger to the property of others or to a person, shall be punished with imprisonment of up to two years or a monetary penalty.
INTERPRETATION OF ARTICLE 290A PK ON DANGEROUS DRIVING
The protected legal interest is again the safety of road traffic on streets and squares.
This is a new offence of concrete endangerment, for the establishment of which mere disturbance does not suffice — that is, when conditions of danger are created for the safe conduct of road traffic — but, in addition, a vehicle must be driven under the conditions defined below. To the extent that movement on the roads inherently entails risks, the concept of disturbance of traffic safety is established when the act results in an increase of the usual risk inherent in any movement on the roads.
Under the present new provision, the following is punished: 1. Whoever, in road traffic on streets or squares:
(i) drives a vehicle, although he is not in a position to do so safely on account of the consumption of alcohol or the use of narcotic substances or because of physical or mental exhaustion, or (ii) drives a vehicle on national or regional roads against the flow of the respective direction, or on pedestrian streets, pavements or squares, or drives a vehicle that is technically unsafe or loaded in an unsafe manner, or performs dangerous manoeuvres while driving, or participates in improvised races, shall be punished, unless heavier penalties are provided for in other provisions:
a) with imprisonment of up to three years or a monetary penalty if the act resulted in a common danger to the property of others, b) with imprisonment of at least one year if the act resulted in danger to a person, c) with imprisonment (felony) of up to ten years if the act resulted in grievous bodily harm or caused damage to public utility installations, d) with imprisonment (felony) of at least ten years if the act resulted in the death of another. The above last felonious act concurs with manslaughter (negligent). If the death of a large number of persons was caused, the court may impose life imprisonment.
By “streets” are meant all kinds of roads — national, regional, municipal, communal, agricultural, within or outside cities — bridges, tunnels, underpasses, pedestrian streets, pavements and, in general, every place intended for the movement and circulation of vehicles and pedestrians, to which one has the right of access and passage either freely or upon payment of tolls.
OBSERVATIONS ON ARTICLE 290A PK ON DANGEROUS DRIVING
With the law on Dangerous Driving, the Greek rule of law abdicated its character as a neutral observer: instead of legislating in a preventive and exemplary manner, it chose to legislate vindictively and opportunistically, abolishing in practice the very essence of the Penal Code’s punitive purpose, satisfying in populist fashion only the television audience’s craving for crushing, photo-tailored punishments.
Legally speaking, in order for the State to enact such severe penal provisions, dangerous driving conduct together with the perpetrator’s acceptance of its risk does not suffice; what is principally required is acceptance of the fatal outcome — and this does NOT exist in negligent and immature offenders.
The uneven and selective application of the law by the Greek courts, depending on the emotional intensity attached by the mass media to the criminal outcome, has constituted the glaring confession of the failure of the Greek legislator, who has refused to mature intellectually and socially, choosing instead to legislate carelessly, hastily and impulsively, in the belief that effective protection from dangerous conduct in general would thereby be achieved.
In conclusion, the Greek judiciary has unfortunately succumbed to incited public outrage and has lost its quality as an independent organ for safeguarding social peace and ensuring impartial protection of legal interests, attempting, instead of preventing and providing guidance, to mobilise after the fact in order to gratify the citizen’s emotion alongside the mass media, who are perennially willing to do so.
When popular wrath legislates, the rule of law is defeated.
- See also article Drunk Driving
- See also article Defamation
- See also article Bodily Harm
- See also article Narcotics
- See also article Fraud
- See also article Forgery
- See also article Embezzlement
- See also article Negligent Manslaughter
- See also article Tax Evasion
FREQUENTLY ASKED QUESTIONS ON DANGEROUS DRIVING – LAWYER
1. What sentence do I face for dangerous driving?
Article 290A of the Penal Code (PK) provides for graduated penalties depending on the outcome. If only the property of others was endangered, the sentence reaches three years’ imprisonment or a monetary penalty. If a person was endangered, the sentence starts from one year of imprisonment. In the event of grievous bodily harm, the act becomes a felony with imprisonment of up to ten years, while if death ensued, imprisonment of at least ten years is provided. In the negligent form, the sentence is limited to imprisonment of up to two years or a monetary penalty. In practice, with proper defence and recognition of mitigating circumstances (Article 84 PK), the sentence is generally reduced significantly and very often suspended or converted.
2. How can I avoid conviction or imprisonment?
The defence focuses on contesting the subjective element, namely the intent of endangerment required for the felony form. In many cases the conduct is assessed as negligent, whereupon it is shifted to paragraph 2 with a much milder penalty. At the same time, causation, the contributory fault of third parties or of the victim, the validity of the breathalyser or toxicological examination, and the observance of procedural safeguards are all examined. If a sentence of imprisonment of up to three years is imposed, there are tools for suspension (Article 99 PK), conversion to a monetary penalty (Article 80 PK), or community service. Recognition of mitigating circumstances (prior honourable life, subsequent good conduct, sincere remorse) can bring the sentence even below the threshold of convertibility.
3. What do I do if I am arrested under the flagrante delicto procedure after a traffic accident?
The first and indispensable step is immediate contact with a lawyer, before giving any defence statement or deposition. The driver has the right to remain silent and is not obliged to incriminate himself. Statements made at the scene of the accident, without composure and without legal guidance, are later exploited by the prosecuting authority. Under the flagrante delicto procedure, the lawyer requests an extension for the defence statement, securing time to study the case file, draft a written memorandum and gather technical evidence (traffic-accident expert opinion, video footage, witnesses). In serious cases involving severe injury or death, restrictive measures are sought instead of pre-trial detention, which is an exceptional measure.
4. How long does the criminal procedure last?
In its misdemeanor form (endangerment of property or persons, bodily harm other than grievous), the case is heard by the Single-Member or Three-Member Misdemeanor Court and is generally completed at first instance within one to two years from the bringing of the prosecution. In its felony form (grievous bodily harm or death), it is preceded by a main investigation, referral by judicial council order and trial before a Mixed Jury Court, a process which may last from two to four years. An appeal adds further time but suspends the execution of the first-instance judgment. This time is used to mature the evidentiary material and strengthen the defence.
5. What documents and evidence does the defence need?
The traffic accident report, the on-site reports of the Traffic Police, diagrams, photographs, witness depositions and the results of the breathalyser or toxicological tests are gathered. Important items include any video footage from security cameras or mobile phones, the forensic medical report, the medical certificates of the injured, and the driver’s criminal record. In many cases, a private expert opinion reconstructing the accident is ordered or submitted, contesting the speed, the causation or the contributory fault. Documents evidencing the prior honourable life, the professional and family situation, and any restitution of the damage to the victim, reinforce the recognition of mitigating circumstances.
6. What is the role of the lawyer in a dangerous driving case?
Our firm undertakes the case from the moment of arrest or summons to deposition and devises an individualised defence strategy. It critically examines the objective and subjective elements of Article 290A PK, contests the intent of endangerment, shifts the case from the felony to the misdemeanor or negligent form, and exploits every procedural defect. It drafts standalone pleas for mitigating circumstances, negotiates an out-of-court settlement with the victim where possible, and represents the defendant at every level of jurisdiction. The objective is to avoid a custodial sentence and, where feasible, to secure acquittal or a reduction of the charge.