Fiches Belges: Greece

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

Yes. In practice, search to find evidence a) on the person of the accused and on the objects found on him and b) on the person of third parties, where there is significant and well-founded presumption or absolute necessity (danger, loss or damage to evidence) as provisioned in Article 257 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. In practice the actual search is carried out by a police officer.

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

Feeling or the use of appropriate mechanical means, on condition that the person’s dignity, sense of decency, health and physical integrity are guaranteed. If body search is ordered to find an object, the person to be searched should first be demanded to surrender the object, and if such demand is obeyed, the body search should be omitted. The body of the person searched may only be examined by a person of the same gender