Fiches Belges: Гърция

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. Invasive search of a person’s body by a competent person in accordance with the law, to establish whether a crime has been committed and the circumstances to which it occurred (Articles 180-208 of the Code of Criminal Procedure)

International legal framework applicable for this measure in your Member State

European Convention on mutual legal assistance, April 20, 1959, as implemented by Presidential Decree 4218/1961 and its additional protocol, as implemented by Law 1129/1981 Articles 48 and following of the Convention implementing the Schengen Agreement of 14 June 1985, as implemented by Law 2514/1997

* receive the request/decision for judicial cooperation

According to Article 458 of the Code of Criminal Procedure, the Public Prosecutor at the Court of Appeal is the territorially competent authority to receive a request for mutual legal assistance, examine whether it is lawfully submitted according to the domestic and international laws and then assign its execution to an Examining Magistrate at the Court of First Instance.

* execute/recognise the measure (if other than the receiving authority)

The Examining Magistrate at the Court of First Instance

Accepted languages for the request/decision

Greece made no reservations to language (article 16 of the European Convention on mutual legal assistance, April 20, 1959) However, a translation of the request for mutual legal assistance in Greek will speed enormously the execution of the request (no translation needed). English or French translations are also welcome.

Deadlines for the execution of the request/decision (where applicable)

N/A

a. Special requirements

N/A

b. Other useful information

If the body search is not possible due to elimination or alteration of the evidence, the person who conducts the examination describes the current status and examines the previous one in the best possible way. In any case, the outcome of the meaure should be put down in a written report. A D.N.A analysis is possible in case there is evidence of a serious criminal offence punishable by a prison sentence of at least one (1) years being committed.