Self-defence and use of force: the legal limits for security guards

Article 22 of the Penal Code has three elements that must all be present:

• A present attack: it is happening now. Not a threat for later, not an attack that is already over.
• An unlawful attack: not a lawful act, such as a police officer doing their job.
• Defence of a person: “oneself or another”, as the article says. You don’t risk a physical fight over an object or stock; you record it and call the police.

For the wider picture — what else a guard may or may not do, from arrest to bag checks — see what security guards can and cannot do.

The guard does not set the measure in the moment; the law says by which criteria it is judged (article 22 §3). So anything you do, you must be able to explain afterwards, step by step: what the other person did, what they threatened, why there was no other way.

• Intentional excess: punishable, with a reduced penalty (article 23).
• Negligent excess: punishable under the rules on negligence.
• Excess out of fear or confusion caused by the attack: not punished.

Don’t build your work around the fear exception. The safe practice is never to reach the point where the measure has to be judged: when the attack stops or the other person moves away, you stop too.

Under article 25 §1, an act is not unlawful if it is done to avert a present danger, not otherwise avoidable and not caused by the person’s own fault, to their own or another’s person or property, provided the harm caused is significantly lesser in kind and importance than the harm threatened.

Paragraph 2 reads, in translation: “The previous provision does not apply to anyone who has a duty to be exposed to the threatened danger.” The law does not name who has such a duty. Whether and when it applies to a guard is not something this guide decides; it is a question for a lawyer, for the specific post and circumstances.

Don’t base any decision on your post on article 25. When there is danger, the priorities are people, a call to 112 and your post orders.

Law 2518/1997 (art. 4 §1 ζ, which binds security staff through §2 α) bans means and methods that may cause damage, harm or nuisance to others or endanger citizens’ safety.

• Dogs: banned in public and publicly accessible spaces; allowed only inside guarded buildings or properties, or in enclosed spaces.
• Improvised “tools”: anything your post orders do not provide for, you don’t carry and you don’t use.
• Weapons: not covered by this guide. If your post involves weapons, the rules come from your company and the law, not from here.

What follows is professional practice, not law. The aim is that the “present attack” of article 22 never arises.

• Distance: stay out of arm’s reach, with something between you (a counter, a door) where possible.
• Exit: always know your way out; don’t let yourself be cornered.
• Voice and stance: low, slow tone, open hands, simple sentences. No threats, no “police” manner.
• Don’t give chase: someone leaving with an item is not attacking you. Note a description and direction and call 100.
• Call early: the police on 100 and your supervisor before things escalate, not after.
• Working alone? See the guide to lone security guard safety.

1. Safety: move away from the danger if it is still going on.
2. 112 for anyone injured — the attacker included. It is the single European emergency number, free of charge (Civil Protection). Follow their instructions; give first aid only as far as you are trained.
3. 100 for the police, the line for immediate police response (Hellenic Police).
4. Supervisor or operations centre, as your post orders say.
5. Report: write the incident report with facts and times — what the other person did, what you did and why, witnesses. No polishing, no guesswork.

In a real incident, the police decide. If you become involved in a legal case, get legal advice — this guide does not replace it. For the first minutes of a crisis, see the first 10 minutes.