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- «Human trafficking victim» shall mean an individual for whom there are reasonable grounds to believe to be a victim of any of the offenses referred to in Articles 323, 323A, 323B, 348A, 349, 351 and 351A of Penal Code, before a criminal prosecution is exercised against this and against that which was committed any of the above offences for whichcriminal prosecution initiated, regardless of whether he/she has entered the country legally or illegally .....
- The characterization of «Human trafficking victim» as defined in the case j of the preceding paragraph, is attributable by an Act of the relevant Public Prosecutor for the First Instance Court, both immediately after the initiation of prosecution for an offense referred to in Articles 323, 323A, 323B, 348A, 349, 351 and 351A of the Penal Code, as well as before prosecution is exercised for any of these offenses. In the latter case, for issuing the above Act, a written opinion prepared by two scientists specializing psychiatrist, psychologist or social worker, is required, who are serving in Agencies or Unitsof Protection and Assistance under Articles 2, 3 and 4 of the presidential decreeπ.δ233/2003, as applicable, or in Non-governmental Organizations or in International Organization for Migration or in International Organizations or other qualified and recognized by the State entities of protection and assistance in accordance with the provisions of articles 2, 3 and 4 of the presidential decree π.δ233/2003.
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Article 9 - Types of residence permits.
CHAPTER D
GENERAL CONDITIONS FOR THE ISSUANCE OF RESIDENCE PERMITS
- A third-country national who has been issued with a visafor Greece for one of the reasons provided by the provisions hereof, shall apply fora residence permit for the same reason, if it meets the conditions prescribed by the law for this.
- The following categories of residence permits shall be established, along with the types of permits included therein. The types of residence permits entitle the holder to have access to the labour market pursuant to the specific arrangements of this law:
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D) Residence permit for exceptional reasons:
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«D3. Victims of human trafficking or bymigrant smuggling».
The section D3 is stated as substituted by paragraph 4 of the fourth article of Law 3875/2010 (A 158/20.9.2010).
Article 44 - Issuance and renewal of residence permits for humanitarian reasons
CHAPTER H
- By joint decision of the Ministers ofInternal Affairs, Decentralization and E –Governance and of Labour, Social Security and Welfare, residence permit may be granted for humanitarian reasons to third-country nationals, who fall into in one of the following categories, if they are not considered as a danger to public order and safety:
- Victims of human trafficking who do not cooperate with the law enforcement authorities, as long as the relevant characterization Act of the relevant Public Prosecutor for the First Instance Court exists, as defined in paragraph 2 subsection a’ of Article 1.
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- Adults, victims of domestic violence or unable to proofread their cases due to health reasons or minors who require proven protective measures and hosted by institutions or other charitable institutions or entities, as long as their return to a safe environment is impossible.
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- Spouses, parents of minors and dependent family members of Greek citizens. Condition for granting residence permits to persons in the above categories is the possession of a passport, even if it has expired.
Article 46 - Reflection period
- To the third -country nationals who have been identified as victims of human trafficking or by migrant smuggling under the provisions of the cases j and k of paragraph 1 of Article 1, as long as they are not subject to the provision of Article 1 par. 2 of presidential decree π.δ 233/2003, shall be granted by an act of the competent Prosecutor a reflection period of three months, in order to recover and escape the influence of the perpetrators of the offences against them so that they can rehabilitate mentally and be able to take conscious uninfluenced decision as to whether to cooperate with law enforcementauthorities .
Article 47 - Issuance and renewal of residence permits to victims of human trafficking
CHAPTER I
ISSUANCE AND RENEWAL OF RESIDENCE TO VICTIMS OF HUMAN TRAFFICKING OR MIGRANT SMUGGLING
- To the third-country national,characterized as victim of human trafficking or migrant smuggling by an Act of the competent Public Prosecutor for the First Instance Court, pursuant to article 1, par. 2 shall be granted, upon request of that person, submitted either in person or through the competent Public Prosecutor, a relevant residence permit or a renewal of the existing one, by the conditions and procedure of the next article, for which no fee payment shall be required.
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Article 60 - Independent residence permit for family members
- Persons that have been accepted for reasons of family reunification shall be entitled to obtain an independent residence permit in Greece in the following cases:
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- if there are particularly difficult circumstances, as in the case where a family member was victim of domestic violence during the marriage.
- Spouses of repatriated or returning persons or persons living abroad who are third-country nationals shall be issued with a residence permit for five (5) years, which shall entitle them to have access to the labour market. Widows and minor children, if the deceased spouse was a repatriated or returning person or person living abroad, shall receive an autonomous residence permit for five years. Such residence permits shall be issued by decision of the General Secretary of the Region, shall be renewable for an equal period each time and shall not be subject to a fee payment.
Article 62 -Conditions for third-country nationals, who are family members of a Greek or another EU Member State citizen, to maintain the right of residence
- The family members of a Greek or other EU Member State citizen shall maintain a personal right of residence when:
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- if there are particularly difficult circumstances, as in the case where a family member was victim of domestic violence during the marriage.
