Fiches Belges: Grecia

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

Yes. The hearing of the witness (written documentation of the statement) is conducted with the aim of establishing the facts with he/she is acquainted and which are relevant for the purpose of providing whether or not the punishable act was committed and the person accused is guilty.

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

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

A list of questions to the witness is always helful

b. Other useful information

The assistance of agents of the requesting State is permitted. They can attend the hearing but they are not allowed to directly ask questions to the witness. The Public Prosecutor at the Court of Appeal who receives the request is competent to allow their assistance. The hearing is conducted only by the Examing Magistrate Judge with the presence of the agents of the requesting State.