Fiches Belges: Grecia

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

Yes. The placing in judicial custody of objects, documents or assets with the aim to obtain evidence that mey help to establish the truth and/or enable the measure of confiscation to be taken. Applicable only for assets used in or deriving from a misdimeanor or a felony or are the means of such an offence.

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 Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime of Strasbourg, 08/11/1990, as implemented by Law 2655/1998 as applies United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 as ratified by Law 1990/1991

* 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

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

The measure may also take place as regards to persons and places other than the subject with the view to collect evidence and in case of money laundering and predicate offences with the view of confiscation under the condition that the holder of the assets was aware of the offence.

b. Other useful information

In the case that assets derived from money laundering or a predicate offence or acquired directly or indirectly out of the proceeds of such offences have not been found, assets of a value equal to that of the said assets may be seized in order to be confiscated by the court sentence.