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1. Crimes
2. Making a Police Statement
3. After Questioning
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1. Crimes
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If, in a raid, police pick up an immigrant sex worker who has no residence permit and/or no work permits, there will be two different charges against her:
- Not having a residence permit is not a criminal offence, but an infringement of administrative law. This will lead to the administrative deportation of the illegal migrant (Art.66 Law 2910/2001).
- Not having a work permit to work as a prostitute (“Certificate of Profession” and “Permit of Residence in Specified Quarters in order to Exercise Prostitution“) constitutes a criminal offence (Art.5, Chapter 1 and 2, Law 2734/1999).
Working as a sex worker can be penalised as a crime under the following conditions:
- not having “Certificate of Profession” (Art.5, Chapter 1 and 2, Law 2734/1999)
- not having an administrative permit which is called “Permit of Residence in Specified Quarters in order to Exercise Prostitution” which can be punished with imprisonment of up to 2 years and a fine (Art. 5, Par. 2 Law 2734/1999).
If the accused is found guilty, only the court which is competent to conduct the trial can order the judicial deportation of the accused. Judicial deportation can only be an additional penalty.
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Please note:
If the court finds the accused guilty but does not order judicial deportation, the police authorities might decide on administrative deportation (Art. 44, Par.1 Law 2910/2001). |
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| Taking money in advance without being willing to offer services can be considered fraud or embezzlement (Criminal Code Art. 386). |
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2. Making a Police Statement
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A. Right to Remain Silent
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| The suspect has the right to remain silent. According to the criminal procedural law, neither the accused nor the witness is obliged to testify or to answer questions during the judicial and preliminary inquiry. |
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B. Interpreter
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| The suspect is entitled to the services of an interpreter in her own language. Although the court appoints interpreters from a list of pre-selected experts, the accused has the right to ask for another interpreter, according to the procedural law. |
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C. Lawyer
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| The suspect is entitled to answer only in the presence of her lawyer at the hearing. |
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Hint: Memorise a lawyer’s telephone number!
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D. Custody
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| The suspect may be held in police custody for a maximum of 24 hours. After this, she has to be brought to the public prosecutor’s office. If she is charged with a capital offence, continuance of custody is decided by the public prosecutor and a judge.
The suspect is entitled to the services of a lawyer during the whole procedure. |
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E. Victims of Trafficking in Women
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| The recent anti-trafficking law is not quite clear on this issue.
Criminal prosecution against women who are victims of trafficking may be halted.
At the same time it is suggested by Art.44 Par.7 of Law 29/10/2001 that women who testify that they are victims of trafficking or sexual exploitation should, in general, receive a residence permit.
Basically, the woman is not obliged to give evidence as a witness. She cannot be forced to co-operate with the authorities or to give information. But in this case she may be deported for violating the legislation on prostitution or being a threat to public order (if she does not have a work permit). |
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Hint: Consult a lawyer!
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3. After Questioning
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A. Immigration Offences
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| In general clandestine immigration is not considered a crime, but according to immigration law entering and staying in Greece illegally is considered an infringement of administrative law. Police authorities have the power to decide if somebody without a proper residence permit will be deported.
If a woman works as a prostitute without a residence permit and/or work permit, police authorities can hold her in detention (for a maximum period of 3 months) until her deportation takes place.
The decision on administrative deportation as well as on detention can be appealed to the administrative courts. |
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B. Other Crimes
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| If other offences have been committed (theft, fraud, etc.) the investigating authorities will initiate proceedings against the woman. A criminal charge and legal proceedings may follow.
If a woman has been convicted by a criminal court with a sentence of more than 12 months’ imprisonment, she will be deported. The court may rule that the sentence of imprisonment will be suspended, which means that she will be deported immediately. |
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Please note:
If the court finds the accused guilty, but does not order judicial deportation, the police authorities may decide on administrative deportation (Art. 44, Par.1 Law 2910/2001).
It is absolutely necessary to seek legal advice in such cases!
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