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

Observation (105)

1. MEASURE IMPLEMENTATION

Greece

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

Yes Observation by technical means (e.g. camera, video camera e.t.c.) allowed only in cases where there is serious indication that a certain felony has been committed or is planned on being committed or to prevent the commitment of such an offence.

2. LEGAL FRAMEWORK

Greece

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

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 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 competent Judicial Council at the Court of First Instance issues an order for the execution of the above measure. In urgent cases when any delay may be harmful for the execution of the measure, the measure could be provided by the Examining Magistrate at the Court of First Instance and ratified by the Judicial Council within 3 days. The police practically “executes” the observation

4. ACCEPTED LANGUAGES

Greece

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.

5. EXECUTION DEADLINE

Greece

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Greece

a. Special requirements

Applicable for offences of criminal organization, terrorist acts, corruption, trafficking, drug trafficking, smuggling, illicit trading of antiquities.

b. Other useful information

The request for mutual legal assistance must include the name of the authority making the request, a summary of the facts, the purpose of the need for observation, the criminal conduct under investigation, the desired duration of the observation e.t.c. in order to ensure that the request can be met. Surveilance may not be direcyed at premises used as a residence

Last reviewed on 6 July 2016 by EJN Secretariat

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