ARTICLES OF THE GREEK PENAL CODE RELATED TO LIBEL

Article 153

Attacks Upon a Foreign State and its Head

1. One who:

(a) Commits an offense under Articles 134 and 135 against a foreign state which is at peace with the Greek State and is recognized by it, and (b) One who intentionally commits or attempts to commit acts of violence against the head of a foreign state which is at peace with the Greek State and is recognized by it, or who publicly attacks his honor, shall be punished by imprisonment unless the offense is subject to greater punishment under other provisions, provided that reciprocity of punishment is guaranteed and was guaranteed at the time of the commission of the offense. Prosecution shall commence only at the request of the foreign government.

2. One who commits an offense in Greece under paragraph 1(b) against the head of such a foreign state, who is present in Greece, shall be punished independently of reciprocity and shall be prosecuted ex officio, if he commits an above - mentioned offense by violence or attempted violence.

3. Attacks on honor under this Article shall be subject to lapse of time after six months, and proof of truth shall not be allowed.

4. The provision of Article 137 shall apply to cases under paragraph 1(a) of this article.

Article 154

Attacks Upon the Honor of Diplomats

One who commits an offense under paragraph 1(b) of the preceding Article against an accredited ambassador to the Greek State or other diplomatic representative of a foreign state shall be punished by imprisonment for not more than two years unless the offense is subject to greater punishment under another provision of the statute. Prosecution shall commence only on the complaint of the victim or at the request of his government.

Article 168

Offenses Against the President of the Republic

1. One who commits violence upon the person of the President of the Republic, or upon one exercising the power of the President of the Republic shall be punished by confinement in a penitentiary.

2. One who attacks the honor of the President of the Republic or one exercising the power of the President of the Republic, or defames him publicly or in his presence, shall be published by imprisonment for not less than three months.

3. Offenses under the preceding paragraphs 1 and 2 shall not be punishable after a six moth lapse of time.

Article 361

Insult

1. Except in cases which amount to defamation (Articles 362 and 363), one who by words or by deeds or by any other means injures another’s reputation shall be punished by imprisonment for not more than one year or by pecuniary penalty. The pecuniary penalty may be imposed in addition to imprisonment.

2. If the injury to reputation is not severe, considering the circumstances and the person injured, the offender shall be punished by jailing or fine.

3. The provision of paragraph 3 of Article 308 shall here apply.

Article 361A

Unprovoked Insult Through An Act

1. An insult committeed through an act (article 361 par. 1) is punished by imprisonment of at least three months if it was unprovoked by the vicitm.

2. If in the action of the previous paragraph participated two or more persons, it will be punished by imprisonment of at least six months.

Article 362

Defamation

One who by any means asserts or disseminates information before a third party concerning another which may damage his character or reputation shall be punished by imprisonment for not more than two years or by pecuniary penalty. The pecuniary penalty may be imposed in addition to imprisonment.

Article 363

Aggravated Defamation

If in a case under Article 362, the information is false and the offender was aware of the falsity thereof, he shall be punished by imprisonment for not less than three months, and, in addition, a pecuniary penalty may be imposed and deprivation of civil rights under Article 63 may be decreed.

Article 364

Defamation of a Corporation

1. One who by any means asserts or disseminates information concerning a corporation with respect to its business, financial condition, product or members of its board of directors which may lower the confidence of the public in the corporation and generally injure its business shall be punished by imprisonment for not more than one year or by pecuniary penalty.

2. If the accused proves the truth of the information which he asserted or disseminated he shall not be punished.

3. If the information which the accused asserted or disseminated is false, and he was aware of the falsity thereof, he shall be punished by imprisonment.

Article 365

Disparaging the Memory of a Decedent

One who disparages the memory of a decedent by rude or malevolent insult or by aggravated defamation (Article 363) shall be punished by imprisonment for not more than six months.

Article 366

General Provisions

1. If the information described under Article 362 is true, the act shall not be punished, but proof of truth shall not be admitted if the information concerns solely family or personal relationships which do not affect the public interest and if the assertion or dissemination was done malevolently.

2. In cases under Articles 362, 363, 364 and 365, if the information which the accused asserted or disseminated discloses a criminal act which is prosecuted, the defamation trial shall be suspended until the termination of such prosecution, and subsequently the truth of the information shall be deemed proved by a conviction and its falsity by an acquittal based upon failure of proof of commission of such criminal act by the person defamed.

3. Proof of truth of defaming information shall not exclude punishment for insult, provided that intent to insult is apparent from the conduct or circumstances under which it occurred.

Article 367

1. Disapproving criticisms of scientific, artistic or occupational developments, or such criticisms which appear in a public document issued by an authority concerning the activities of such authority, or such criticisms for the purpose of fulfilling lawful duties, the exercise of lawful authority or protecting a right or some other justified interest, or such criticisms in similar cases shall not constitute an unjustified act.

2. This provision shall not apply when the above criticisms constitute the essential elements of an offense under Article 363 or intent to insult is apparent from the manner of criticism or the circumstances under which it occurred.

Article 368

Complaint

1. In cases under Articles 361, 362, 363, 364 and 365 criminal prosecution shall be initiated only upon a complaint.

2. In a case under Article 365, the right to file a complaint lies with the surviving husband, wife and children of the decedent and, if such do not exist, the parents, brothers and sisters of the decedent. In a case under Article 364, the right to file a complaint lies with the board of directors and any person with a legal interest in the matter.

3. If the injured person is a civil servant and the offense occurred during his tenure in office or for reasons related to such tenure, his official superior and the competent minister shall also have the right to file a complaint.

Article 369

Publication of Judgment

1. Paragraph 3 of Article 229 shall apply to cases under Articles 361, 362, 363, 364 and 365 in favor of the complainant and the limitation on the time for publication of judgment shall run from the time at which the complainant furnishes the offender with a copy of the judgment. If the offense is committed by the press, such publication shall be made by publishing in the newspaper at least the reasoning and the order contained in the judgment.