Fiches Belges: Grecia

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

Yes. A search of a place used as domicile (home, car, business premises not open) is possible in case of an investigation for a criminal offence punished with imprisonment. Only if there are justifiable grounds that the measure is absolutely necessary for the investigation of the offence, the apprehending of the suspect or the confirmation and compensation for damage

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 judge at the court of First Instance

Accepted languages for the request/decision

Conducted only with the presence of a member of the judiciary. Any unecessary publicity or disturbance of the tenants must be avoided. The tenant of the docimile to be search is called to be present and in case of absence the search is conducted with the presence of a neighbour.

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

N/A

a. Special requirements

N/A

b. Other useful information

N/A