Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Гърция

European Arrest Warrant (901)

1. MEASURE IMPLEMENTATION

Гърция

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

Yes

2. LEGAL FRAMEWORK

Гърция

International legal framework applicable for this measure in your Member State

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States as implemented by Law 3251/2004

3. COMPETENT AUTHORITY TO:

Гърция

* receive the request/decision for judicial cooperation

The competent judicial authority to receive the EAW, to arrest and keep the detention or not of the requested person, to submit the case to the competent judicial body and to execute the decision of the surrender or not of the requested person is a)The Public Prosecutor at the Court of Appeal, in whose territory is the requested person located b) The Public Prosecutor at the Court of Appeal of Athens, if the location of residence of the requested person is unknown (Article 9 par. 1 of law 3251/2004)

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

When the requested person consents to surrender to the issuing state, the judicial authority competent for issuing the decision on execution of the EAW is the Presiding Judge at the Court of Appeal, in whose territory is the located person located or arrested. (Article 9 par. 2 of Law 3251/2004) When the requested person does not consent to surrender in the issuing state, the competent judicial authority competent for issuing the decision on execution of the EAW is the Judicial Council at the Court of Appeal, in the territory of which the requested person is located or arrested. (Article 9 par. 3 of La 3251/2004)

4. ACCEPTED LANGUAGES

Гърция

Accepted languages for the request/decision

Greek

5. EXECUTION DEADLINE

Гърция

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

In cases when the requested person consents to his/her surrender, the final decision on the execution of the EAW shall be taken by the competent Presiding Judge at the Court of Appeal within a period of ten (10) days after the consent has been given. (Article 21 par. 1 of Law 3251/2004) In cases when the requested person does not consent to his/her surrender, the final decision on the execution of the EAW shall be taken within a period of 60 days after the arrest of the requested person. (Article 21 par. 2 of Law 3251/2004) Where in specific cases the EAW cannot be executed within the time limits laid down above, the competent Public Prosecutor at the Court of Appeal shall immediately inform the issuing judicial authority, giving the reasons for the delay. In such case, the time limits may be extended by a further 30 days. (Article 21 par. 3 of law 3251/2004) Where in exceptional circumstances, the executing judicial authority cannot observe the time limits above, it shall inform Eurojust, giving the reasons for the delay (Article 21 par. 4 of Law 3251/2004)

6. CONCISE LEGAL PRACTICAL INFORMATION

Гърция

a. Special requirements

N/A

b. Other useful information

In practice most requested persons are arrested provisionally through the issue of an alert in the Schengen Information System. The Public Prosecutor at the Court of Appeal issues an order for provisional arrest based on the above alert and the requested person is brought before him/her as soon as possible, where he/she is informed on the content of the alert and his rights (Law…). The Public Prosecutor at the Court of Appeal asks the requested person whether he/she consents to his/her surrender in the issuing state, These statements are irrevocable. Then the Public Prosecutor at the Court of Appeal decides whether the requested person will be detained or released under restrictive measures, until the issuing of the judgment on the execution or not of the EAw by the competent judicial authority. The detention of the requested person may last over a period of 15 days, within which the EAW accompanied by a translation in Greek language shall have to be received. Fax or e-mail transmissions of the EAW are both accepted. This time limit may be extended on serious grounds. In any event, if the EAW is not received within a period of 30 days following the arrest, the requested person is released. When the Public Prosecutor receives the EAW and its translation, he/she forwards the file to the competent judicial authority that decides on the execution. ( Presiding Judge at the Court of Appeal if the requested person consents or Judicial Council at the Court of Appeal ifthe requested person does not consent)

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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