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

Enforcement of a Custodial Sentence (903)

1. MEASURE IMPLEMENTATION

Greece

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

Yes. The recognition and enforcement in Greece of judgments issued by an EU Member State imposing custodial sentences or measures involving deprivation of liberty. The fact that a fine and/or confiscation order has been imposed, which has not yet been paid, recovered or enforced, does not prevent a judgment from being recognized, enforced or being forwarded.

2. LEGAL FRAMEWORK

Greece

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union as implemented by Law 4307/2014 Part A

3. COMPETENT AUTHORITY TO:

Greece

* receive the request/decision for judicial cooperation

The competent authority for the recognition and enforcement of the judgment is the Public Prosecutor of the First Instance Court of the sentenced person’s place of ordinary residence

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

The Public Prosecutor of the First Instance Court of the sentenced person’s place of ordinary residence, within a period of ninety days of receipt of the judgment and the certificate, shall recognize the judgment and shall forthwith take all the necessary measures for the enforcement of the sentence. (Article 9 par. 1 of Law 4307/14) Where the duration of the sentence exceeds the maximum period provided under the Greek criminal law for similar offences, the Public Prosecutor shall introduce a relevant request before the competent Three-Member First Instance Criminal Court, which may adapt the sentence to be enforced. The adapted sentence shall not be less than the maximum penalty provided for similar offences under the Greek criminal law.(Article 9 par. 6 of Law 4307/14) Where the sentence is incompatible with the law of the executing State in terms of its nature, the Public Prosecutor shall introduce a relevant request before the competent Three-Member First Instance Criminal Court, which may adapt it to the punishment or measure provided for under the Greek criminal law for similar offences. Such a punishment or measure shall correspond as closely as possible to the sentence imposed in the issuing State and therefore the sentence shall not be converted into a pecuniary punishment.(Article 9 par. 7 of Law 4307/14) The adapted sentence shall not aggravate the sentence passed in the issuing State in terms of its nature or duration.(Article 9 par. 8 of Law 4307/14)

4. ACCEPTED LANGUAGES

Greece

Accepted languages for the request/decision

Greek Where the certificate referred to in Article 4 is not translated into Greek, is incomplete or manifestly does not correspond to the judgment, the recognition of the judgment may be postponed until such reasonable deadline set by the Public Prosecutor for the certificate to be translated, completed or corrected. The same Public Prosecutor may, without delay after receiving the judgment and the certificate, request, in cases where he or she finds the content of the certificate insufficient to decide on the enforcement of the sentence, that the judgment or essential parts of it be accompanied by a translation into Greek. Such a request shall be made, after consultation, where necessary, with the competent authority of the issuing State, to indicate the essential parts of the judgments to be translated. The decision on recognition of the judgment and enforcement of the sentence may be postponed until the translation has been transmitted by the issuing State to said Public Prosecutor, or where the latter decides to have the judgment translated at the expense of the Greek State, until the translation has been obtained. (Article 9 par.4 of Law 4307/14)

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

N/A

b. Other useful information

N/A

Last reviewed on 6 July 2016 by EJN Secretariat

See Related Measures


Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • ® 2020 EJN. All Rights Reserved