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.
Updated 29 August 2026: this page reflects Article 290A of the Greek Penal Code as in force following Laws 4855/2021, 5039/2023 and 5090/2024, and its relationship with the new Highway Code (Law 5209/2025).
Article 290A PK on dangerous driving, as in force:
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, or c) drives a vehicle i) on a motorway or an expressway at a speed exceeding the permitted speed limit by at least sixty (60) km per hour and, in the case of a bus or lorry, by at least thirty (30) km per hour, ii) within a built-up area or on the rest of the road network at a speed exceeding the permitted speed limit by at least forty (40) km per hour and, in the case of a bus or lorry, by at least twenty (20) km per hour, or d) drives a vehicle on the emergency lane other than in the cases for which it is exclusively intended, or e) runs a red light, shall be punished, unless heavier penalties are provided for in other provisions: aa) with imprisonment of up to three (3) years, if the act may give rise to a common danger to the property of others, bb) with imprisonment of at least one (1) year, if the act may give rise to danger to a person, cc) with confinement (felony) of up to ten (10) years, if the act resulted in grievous bodily harm or caused significant damage to public utility installations, dd) with confinement (felony) of at least ten (10) 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.
2. Whoever, in the cases of the preceding paragraph, drives dangerously through negligence and the act may give rise to a common danger to the property of others or danger to a person, shall be punished with imprisonment of up to two (2) years or a monetary penalty.
The successive amendments to Article 290A PK
Article 290A was introduced by the new Penal Code (Law 4619/2019, in force since 1 July 2019) and was recast by Law 4637/2019. Law 4855/2021 replaced the word “resulted” with the phrase “may give rise to”, converting the offence from one of concrete endangerment into one of potential endangerment, and required that damage to public utility installations be “significant”. Law 5039/2023 (in force since 3 April 2023) added cases c) and d), namely serious speeding and driving on the emergency lane, and Law 5090/2024 (in force since 1 May 2024) added case e), running a red light. The new Highway Code (Law 5209/2025) did not amend Article 290A, but it altered the limits and the procedures to which that article refers, as explained below.
INTERPRETATION OF ARTICLE 290A PK ON DANGEROUS DRIVING
The protected legal interest is, once again, the safety of traffic on streets and squares.
Since Law 4855/2021 the offence is one of potential endangerment. It is not necessary that a specific person or object was actually put at risk; it suffices that the driver’s conduct, in the particular conditions of place, time and traffic, was capable of creating a common danger. That potential danger, however, remains an element of the actus reus and must be established in the judgment by reference to specific facts. A mere breach of the Highway Code, however serious, is not enough in itself, just as exceeding the alcohol limits is not enough in itself.
The provision covers five groups of conduct: first, driving by a person who is not in a position to drive safely because of alcohol, narcotics or exhaustion; second, driving against the flow of traffic on national or regional roads, on pedestrian streets, pavements or squares, driving a technically unsafe or unsafely loaded vehicle, dangerous manoeuvres and improvised races; third, exceeding the speed limit by at least 60 km/h on a motorway or expressway and by at least 40 km/h within a built-up area or on the rest of the network (30 and 20 km/h respectively for buses and lorries); fourth, driving on the emergency lane; and fifth, running a red light.
Paragraph 1 requires intent, including dolus eventualis, both as to the conduct and as to the potential danger. A driver who knows he has been drinking and drives anyway, who deliberately runs a red light, or who knowingly exceeds the limit by 40 km/h or more, acts with intent. A driver who acts negligently, because he was distracted, failed to notice the signal or did not know the applicable limit, falls under paragraph 2, that is, a misdemeanour punishable by imprisonment of up to two years or a monetary penalty.
The felonious forms under cc) and dd) are offences aggravated by their result. Under Article 29 PK, grievous bodily harm or death are attributed to the offender only if he caused them at least negligently, that is, if the result was foreseeable and causally connected with the specific dangerous conduct rather than with another factor, such as the conduct of the victim or of a third party.
As to concurrence, on the prevailing view the result forms part of the felonious act itself, which absorbs negligent homicide or negligent bodily harm. By contrast, the negligent form of paragraph 2 concurs genuinely with negligent homicide (Article 302 PK, punishable by imprisonment of at least two years following Law 5090/2024) or negligent bodily harm (Article 314 PK), as the Supreme Court had already held under the former Article 290 PK (Areios Pagos 282/2013). The corresponding Highway Code offences, such as driving under the influence of alcohol, are absorbed by Article 290A where that article is made out.
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.
DANGEROUS DRIVING AND THE NEW HIGHWAY CODE (LAW 5209/2025)
The new Highway Code (Law 5209/2025, Government Gazette A΄ 100/13.6.2025) applies in full since 13 September 2025. It did not touch the wording of Article 290A PK, but it altered the figures on which its application depends: the speed limits, the alcohol limits, the testing procedure and the duties after an accident. Four points are of immediate criminal relevance.
Speed limits and the threshold of Article 290A
Under Article 24 of the new Highway Code, since 1 January 2026 the general speed limit within built-up areas is 30 km/h. The 50 km/h limit is retained only on one-way streets with at least two lanes, on two-way roads with at least two lanes per direction, and on roads with a central island, unless signage provides otherwise. Because Article 290A refers to exceeding the applicable limit by 40 km/h, the criminal threshold inside towns has moved from 90 to 70 km/h on every road governed by the general limit, while on a motorway with a 130 limit it remains at 190. Administratively, exceeding the limit by more than 50 km/h attracts a fine of 700 euros and on-the-spot withdrawal of the driving licence for 60 days, while driving at more than 200 km/h attracts a fine of 2,000 euros and withdrawal of the licence for one year. The intent required by paragraph 1 must also cover the excess, which is why a driver’s mistake as to the applicable limit, particularly where the new signage has not yet been installed, is examined as a mistake of fact under Article 30 PK.
Alcohol, narcotics and medicines
Article 46 of the new Highway Code retains the limit of 0.50 grams per litre of blood, or 0.25 milligrams per litre of exhaled air, and grades the sanctions. From 0.50 to 0.80 the offence falls into category E3-B. From 0.80 to 1.10 the driver faces a fine of 700 euros and withdrawal of the licence for 90 days. Above 1.10 in the blood, or 0.60 in exhaled air, the offence is a misdemeanour punishable by imprisonment of at least two months, a fine of 1,200 euros and withdrawal of the licence and number plates for 180 days, with multi-year withdrawal on repetition, and the vehicle is immobilised. A driver who refuses testing is presumed to have a concentration above 1.10, and in fatal accidents testing is carried out compulsorily by blood sample. Testing is performed by a team of at least two officers, one of whom is an investigating officer, and any departure from the procedure is open to challenge by the defence. Driving under the influence of toxic substances or medicines is punishable by imprisonment of at least two months, a monetary penalty and judicial withdrawal of the licence for three to six months. For Article 290A, however, these limits are not sufficient in themselves: it must be proved that the driver was not in a position to drive safely and that his driving was capable of giving rise to a common danger. See in detail the page on Drink Driving in Greece: Alcohol Limits and Penalties.
Conduct after an accident
Article 47 of the Highway Code requires everyone involved in an accident causing death or bodily harm to assist the victims, notify the police and remain at the scene until they arrive. Breach is punishable by imprisonment of at least three months, a fine of 1,200 euros and withdrawal of the licence for 180 days. If, as a result of the abandonment, the victim’s life was endangered, the penalty is confinement of up to six years; if grievous bodily harm followed, confinement of up to ten years; and if death followed, confinement of up to twenty years. Conversely, a driver who complied with those duties is not arrested under the flagrante delicto procedure of Article 419 of the Code of Criminal Procedure in respect of the bodily harm, unless he is suspected of absconding or is particularly dangerous.
Ancillary sanctions and recidivism
Under Article 101 of the Highway Code, where a vehicle has been used as the means of committing a felony or an intentional misdemeanour, the driving licence and the number plates are withdrawn by court order, while Article 66 PK allows withdrawal of the driving licence as an ancillary penalty. In addition, Article 110 of the Highway Code establishes a recidivism system, multiplying fines and imposing multi-year withdrawal of the licence where the same offence is repeated.
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 PK provides for graduated penalties. If the act may give rise to a common danger to property only, the penalty is imprisonment of up to three years. If it may give rise to danger to a person, imprisonment of at least one year. Where grievous bodily harm follows, the act becomes a felony punishable by confinement of up to ten years, while if death follows the penalty is confinement of at least ten years and, where a large number of persons died, the court may impose life imprisonment. In the negligent form of paragraph 2 the penalty is limited to imprisonment of up to two years or a monetary penalty. In practice, with a properly built defence and the recognition of mitigating circumstances (Article 84 PK), the sentence is as a rule reduced significantly and is 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.
7. What does the new Highway Code (Law 5209/2025) change for dangerous driving?
The new Highway Code did not amend Article 290A PK, but it changed the figures to which that article refers. Since 1 January 2026 the general speed limit within built-up areas is 30 km/h, so the excess of 40 km/h required by Article 290A is already reached at 70 km/h, instead of the 90 km/h that applied under the 50 limit. In parallel, the Code tightened the administrative sanctions with graduated fines and multi-year withdrawal of the licence on repetition, introduced a presumption of an alcohol concentration above 1.10 for anyone who refuses testing, made blood testing compulsory in fatal accidents, and threatens confinement of up to twenty years for abandoning a victim under Article 47.
8. When does drink driving amount to dangerous driving?
The Highway Code limits, 0.50 grams per litre of blood or 0.25 milligrams per litre of exhaled air, establish an administrative offence and, above 1.10, the separate misdemeanour of Article 46 of the Code, punishable by imprisonment of at least two months. Article 290A PK requires something more: proof that the driver was not in a position to drive safely because of the consumption and that his driving was capable of giving rise to a common danger. The reading, the manner of driving, the place and the time are assessed together. A low reading with nothing else is not enough, whereas a high reading combined with an erratic course readily makes out the offence.