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: Greece

Interception, recording and transcription of telecommunications (101)

1. MEASURE IMPLEMENTATION

Greece

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

Yes. The measure is possible if there is credible indications that a felony (serious criminal offence punishable by a prison sentence of at least five years) is committed in order to find means of evidence, to recognize the identity, locate the offender.

2. LEGAL FRAMEWORK

Greece

International legal framework applicable for this measure in your Member State

Fow MS that apply the EIO: Directive 2014/41/EU on EIO (Article 30) For countries that do not apply the EIO: 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

3. COMPETENT AUTHORITY TO:

Greece

* 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 legislation 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 competent Judicial Council at the Court of First Instance issues an order for the execution of the above measure. In case of urgency, the measure could be provided by the examining magistrate judge and ratified by the next Judicial Council.

4. ACCEPTED LANGUAGES

Greece

Accepted languages for the request/decision

If EIO is used: Greek and English If EIO not used: 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.

5. EXECUTION DEADLINE

Greece

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

If EIO is used: The decision on the recognition shall be taken within 30 days. The measure shall be carried out within 90 days following the taking of the decision on the recognition. If EIO is not used: No dealines

6. CONCISE LEGAL PRACTICAL INFORMATION

Greece

a. Special requirements

Applicable only in the case of certain felonies (serious criminal offences punishable by a prison sentence of at least five years) provided by the law

b. Other useful information

The request for mutual legal assistance must include the name of the authority making the request, the identity of the persons involved, a summary of the facts, the purpose of indentifying the subject of the interception, the criminal conduct under investigation, the desired duration of the interception, which cannot be more than ten (10) months and the relevant network connection number and/or IMEI number in order to ensure that the request can be met.

Last reviewed on 20 March 2019 by Tools Correspondent

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