Article by Elli Ampatzi, Attorney & Elena Pouli, Attorney at Law at Greek Law Digest
What is the Hellenic Police?
The Hellenic Police is a Law Enforcement Agency, with local jurisdiction over the entire Greek territory, except for the areas of jurisdiction of the Hellenic Coast Guard.
The Hellenic Police was formed following the unification of the two previous Law Enforcement Agencies, namely Gendarmerie (Chorofylaki) and Urban Police (Astynomia Poleon).
The Hellenic Police is a special Armed Body, operating under its own legislation. It is an agency with military structure and follows military hierarchy and discipline. Its personnel simulate to a military organization in the hierarchy of grades and duties, but – in any case – it must not be referred as military personnel.
What are the main characteristics of the Police Organization?
The Hellenic Police is governed by specific organizational and operational structures, following the bureaucratic, hierarchical and militarized model of organization and operation.
Some of the main features of the organizational structure of the Hellenic Police are: the strict hierarchical structure of its personnel, the vertical hierarchical classification of its services, the horizontal division of its branches according to the jurisdiction of each Police unit, the recruitment of its personnel based on defined standards and substantive qualifications, the specific training of the Police personnel, the institutionalized military discipline of the organization and the official system of evaluation and promotion of its members.
What is the mission of the Hellenic Police?
The following precepts underline the mission of the Hellenic Police:
- Ensuring public peace and order, as well as the unrestrained social welfare of citizens, an undertaking that includes general policing duties and the traffic safety.
- The prevention and suppression of crime, as well as the protection of the State and the democratic form of government, within the framework of the constitutional order, a pursuit that includes the implementation of public and State security policy.
- The prevention and deterrence of the illegal entry and exit of foreigners in and from Greece and the supervision of compliance with the provisions regarding the entry, exit, stay and work of foreigners in Greece, an undertaking that includes foreigners’ and border protection Police.
Furthermore, the Hellenic Police is involved in dealing with any emergency situation resulting from natural disasters and accidents or other disasters in peacetime or war, in cooperation with the competent national authorities and institutions, as well as in cooperation with the Armed Forces towards securing national defense.
What are the preventive and the suppressive actions of the Police?
The Hellenic Police acts preventively as well as suppressively. The primary duty of the Police is to prevent crime. Every action that obstructs the commitment of criminal offenses or eliminates threats against the State and the citizens is considered as preventive.
In the context of its suppressive action, the Police is the competent authority when crimes are committed. The Police is responsible for certifying the crime, collecting all evidence and proof, searching for and arresting offenders, and bringing them before the competent judicial authority.
What is the municipal Police?
The municipal Police was established by Law 3731/2008 and is considered an independent Body. It may be established in every municipality by the internal service organization of the municipality. The municipal Police duties and the responsibilities focus mainly on monitoring compliance with law within the area of the local municipality.
It is worth mentioning that when it comes to responsibilities that overlap with those of the Hellenic Police, these are still exercised in parallel by the Hellenic Police. When both bodies act simultaneously, the Hellenic Police is in charge.
The Hellenic Police is obliged to assist the municipal Police personnel in the performance of their duty and, especially, in scheduled inspections by the municipal Police or in emergency situations, when provided by Law.
An important milestone in the course of the municipal Police was the adoption of Law 4172/2013. Article 81 of this Law abolished the institution of municipal Police and transferred its responsibilities to the Hellenic Police. However, Law 4325/2015 reverted this provision two years later, re-establishing the municipal Police, which continues to operate to this day.
Hellenic Police personnel.
Hellenic Police’s personnel is divided in those wearing uniforms and those that do not (civilians). The uniformed personnel include police officers, special guards, and border guards. The uniformed personnel have a particular hierarchy and special disciplinary rules. Provisions regarding public civil servants do not apply to this personnel. The municipal Police officers also belong to the Hellenic Police, as a special category of personnel.
Hellenic Police’s personnel must be constantly ready to prevent and suppress any crime, to protect the democracy and the legal order and to deal with emergency situations. The uniformed personnel are deemed to act under ordered service in any case where it is necessary to intervene.
The uniformed personnel of the Hellenic Police is trained in the use of weapons and special tools and machinery and carries the appropriate armament, supplies and tools in the performance of their duty.
Where is the power of compulsion of the Police officers based on?
All State bodies have the fundamental obligation to pursue their public purpose in such way that citizens’ rights are being ensured, in order for citizens to be able to enjoy such rights granted to them. The Police, however, has as a special public purpose to secure and maintain legal order. For this reason it is granted with the power of direct compulsion, which works as a key “weapon” guaranteed by the Constitution.
For carrying out its tasks, the Police is granted with the compulsive power and must use its force reasonably and according to the law. It must be noted that the Police has a lot of specific, formal and substantive, limitations with regards to the exercise of the power of direct compulsion. Lest is not forgotten, the State is the sole body competent to use legitimate violence.
Direct compulsion is the ultimate measure and is imposed only in cases where no other mean is capable of ensuring success within the required time.
What principles govern Police action?
During the performance of their duties, Police officers’ actions are governed by the principles of legality, proportionality, leniency, primacy of the public interest, good administration, equal treatment and respect for the diversity of individuals, constant preparedness and constant and ordered service. It always respects fully the principles of necessity, suitability and proportionality.
What are the general obligations of the Police personnel?
Police officers shall serve citizens and fulfil their duties in accordance with the Constitution and the Law. They must respect human value and take action for the protection of people’s rights. They must always take action towards ensuring public order and security, serving public interest and protecting citizens’ legal interests.
How should Police officers behave when performing their duties?
Police officers are bound by the principles of constant preparedness and constant ordered service. In case where it is necessary for them to intervene, they must declare their profession, their identity and the Body they serve. They must enforce the law with social sensitivity and never exceed the limits of the discretion granted to them. They should carry out their duties impartially, objectively, transparently, with prudence, self-control, stability, determination and dignity, protecting all citizens from unlawful acts towards them without discrimination.
They respect every individual’s right to life and personal security. They do not cause, provoke or tolerate acts of torture or inhuman or degrading treatment or punishment and report any violation of human rights.
For the observance and enforcement of the law they use, in principle, non-violent means. Violence is only allowed when it is strictly necessary and to the extent provided and required for law enforcement.
They use means as mild as possible, avoiding any unnecessary disturbance, cruelty or unjustified property damage. They do not misuse chemicals and other available means, especially any that may cause damage to citizens’ health. They use firearms only in cases provided for by law.
They take action to preserve and restore public order and security, to ensure respect for all citizens’ rights and social welfare, to prevent and suppress any crime and to protect democracy, avoiding any behavior that may cause conflict and imposing proportional limitations of rights provided by the law.
They certify without any discrimination the law violations, acting with sound judgment, good temper and courtesy. They explain to the offenders the violation committed, as well as their rights, in a clear manner in order to eliminate any doubts and avoid any disputes and exaggerations.
They protect individuals’ private and family life, and only intervene in accordance to the procedures provided by law.
Should Police officers keep the incidents known to them during the performance of their duties confidential?
Yes. Police officers should keep incidents classified and relevant information strictly confidential. They should also treat incidents or information known to them during the performance of their duties or due to their profession as confidential, whether this information relates to issues regarding the Police or to private and family life and to citizens’ individual matters in general, unless the lift of confidentiality is permitted by law.
How should Police officers behave during citizens’ arrest and detention?
During an arrest, Police officers act with prudence and stability, maintain impeccable behavior and avoid any actions that may harm the honor and reputation of the individuals arrested and offend their dignity in general. They may use violence when it is deemed absolutely necessary and handcuff the individuals arrested only when they react in a violent manner or are suspected of fleeing.
They immediately inform the detained prisoner of the reason for their arrest and detention, of the charges against them, of their rights and of the procedure applicable in their case. Detained individuals who do not understand the Greek language are informed in a language they speak by an interpreter or in another appropriate way. They ensure that the detained are in direct contact with a person of their choice and with the consular authorities of their country (in case they are a foreigner), in order for the detained to notify the reason and the place of their detention.
They facilitate the provision of legal assistance to the detained and they ensure the latter’s direct and unobstructed communication with their lawyer. Furthermore, they ensure the detained individuals’ communication with their relatives, the consular authorities of their country, if they are foreigners, and the national and international committees, responsible for prisoners’ protection.
They ensure the appropriate detention conditions that guarantee the security, health and protection of the detained individuals and show specific care for vulnerable individuals. They take care of the detained individuals’ health by ensuring their immediate medical care in case of emergency and by allowing them to be examined by a doctor of their choice. They discourage and report immediately any acts of torture or other form of inhuman, cruel or degrading treatment or punishment, any form of violence or threat of violence, as well as any unfavorable or discriminatory treatment against the prisoners.
They must present the detained before the competent judicial or other authority as soon as possible and within the statutory deadlines. They take the appropriate lawful measures in a “case by case” basis, in order to prevent the detained from escaping. Upon specific exceptions, they do not disclose the identity, racial origin or nationality of the detained.
How should Police officers behave during preliminary investigations?
While performing their investigative duties, Police officers must act in accordance with the provisions of the Code of Criminal Procedure, having as their sole purpose to promptly perform the preliminary investigation procedure.
They respect the Presumption of Innocence of the individuals charged, and are obliged to ensure their rights. They promptly inform individuals charged of the charges against them and allow them to prepare their defense particularly if supported by an attorney. If the individuals charged do not speak Greek, the officers proceed with all the necessary arrangements in order for the individuals charged to be informed about the charges in a language they do speak. They treat the individuals charged, the suspects, the witnesses and the victims with an impeccable manner and do not demonstrate any form of violence or pressure in their efforts to extract information.
During the autopsy and investigation of any kind, the officers always act in accordance with the provisions of the law, displaying particular care, decency and propriety, avoiding any unnecessary publicity. Especially during physical or residential investigations, they ensure that the right to personality and privacy of the individuals involved is respected and any unnecessary inconvenience is avoided.
Should Police officers be at the disposal of citizens?
Yes, by protecting citizens’ rights and ensuring the conditions for their prompt and hasslefree service. In addition, the relations between Police and citizens is the primary duty of every Police officer. In particular, Police officers shall immediately investigate any citizens’ requests regarding any offenses and Police interest incidents and provide their assistance without delay.
Approaching citizens’ needs with humanity and social sensitivity and adopting practical measures in order to prevent injustice and achieve citizens’ effective service, as well as establishing relations of mutual trust, cooperation and social consent, should be a daily concern of all Police officers.
Police officers develop behaviors with the main tenant to avoid any prejudices and discriminations.
They show particular concern about the protection of vulnerable social groups and provide assistance to those in need. They should treat any minors that display offensive behavior, as well as any minors and women who are refugees or victims of physical, psychological or sexual violence or exploitation with sensitivity.