Four Stages of Criminal Proceedings in Greece
The Greek criminal procedure consists of four main stages:
- Pre-trial Investigation (Preliminary Proceedings)
- Trial (Hearing before the Court)
- Appeals and Legal Remedies
- Enforcement of Judgment
During the pre-trial investigation stage—which includes the preliminary inquiry, the initial investigation, and the main investigation—the Greek Code of Criminal Procedure (CCP) sets forth the process for collecting evidence and deciding whether or not to initiate criminal prosecution.
The Preliminary Inquiry
According to Article 43 of the CCP, the preliminary inquiry aims to gather sufficient evidence to determine whether a criminal prosecution should be pursued. It is a concise procedure lasting up to six months, with the possibility of extensions. It is mandatory for felonies and certain misdemeanors.
Importantly, during this phase, the individual is treated as a suspect and not yet a formally accused party.
Rights of the Suspect During Preliminary Inquiry
Even though the suspect has not been formally charged, they are entitled to the same rights as a defendant, including:
- Access to the Case File & Deadline for Written Statement: The suspect has the right to request a copy of the case file and receive detailed information on the charges, along with adequate time to prepare and submit a written statement of explanation.
- Right to Legal Counsel: The suspect may appoint a lawyer either in writing or during the proceedings. If this right is initially waived, it can be exercised at a later stage.
- Presence of Counsel During Investigative Acts: The suspect has the right to be represented by counsel during all investigative actions, except for the examination of witnesses or co-defendants—unless the prosecutor decides that these cannot take place in court.
- Review of the Case File: The suspect and their legal counsel have the right to review the file in its entirety.
- Request for Evidence: The suspect may request the production of additional evidence or an extension of the deadline for their statement.
- Interpreter and Translation Services: If needed, the suspect has the right to interpretation and translation to fully understand the procedure.
- Appointment of Technical Expert: If an expert opinion (forensic or otherwise) is ordered, the suspect may appoint an independent technical consultant.
- Right to Remain Silent: The suspect has the right to remain silent and avoid self-incrimination.
- Written Notification of Rights: If detained or arrested, the suspect must be informed in writing of all their legal rights.
Absolute Nullity of Proceedings
Any testimony or statement obtained before an individual is officially considered a suspect, especially if taken under oath or without access to their rights, must not be included in the case file once prosecution is initiated. This would constitute a violation of the right to a fair trial, as protected under Article 20(1) of the Greek Constitution and Article 6 of the ECHR (European Convention on Human Rights)—leading to absolute nullity under Article 244(3) of the CCP.
Prosecution for a Different Offense
If, after the preliminary inquiry, the prosecution is initiated for a substantially different offense than the one the suspect was originally questioned about, they must be recalled and granted all procedural rights anew—unless exceptional circumstances apply (such as risk of flight or imminent reoffending).
