(a)
Obligation to inform the competent authority in the Executing State of any change of residence
Obligation to inform the competent authority in the Executing State of any change of residence
Yes
What is / are the body / bodies responsible for supervising the measures?
| Supervisory body / bodies
Police
What is the duration of the measure?
| Maximum duration
If the case is still in the pre-trial phase:
- 1 year and 6 months for serious crimes punishable by more than 5 years of imprisonment.
- 8 months for all other cases.
If the case has already been submitted to court, the measure may remain in effect until the conclusion of the proceedings.
Prolongation
| Can it be prolonged?
Yes
| By who?
The court that issued the original decision.
| FOR HOW LONG?
Can the measures be modified during the pre-trial or trial stage?
Yes
Can the measure be appealed?
Yes
Obligation to inform the competent authority in the Executing State of any change of residence
Yes
What is / are the body / bodies responsible for supervising the measures?
| Supervisory body / bodies
The Public Prosecutor of First Instance in the area of habitual residence of the person against whom the decision regarding supervision measures has been issued.
What is the duration of the measure?
| Maximum duration
Pretrial detention does have time Limits.
However, the measures adopted during provisional release do not have a specific limit in the legislation.
The restrictive measures usually remain in force until the resolution of the criminal procedure.
They may be in force during the pendency of the case.
Prolongation
| Can it be prolonged?
Yes
| By who?
The Prosecutor of the Court that issued the decision or to which the investigating authority that issued it belongs, submits to the competent authorities a proposal for the issuance of subsequent decisions regarding the surveillance measures already imposed, taking into account the protection of the victims and citizens, as well as the safeguarding of public order.
The Court of the inquiry judge who issued the initial decision, issues the subsequent decision as well.
The subsequent decisions may include the renewal of the initial decision concerning surveillance measures.
| FOR HOW LONG?
They may be in force during the pendency of the case.
Can the measures be modified during the pre-trial or trial stage?
Yes (explanation↓)
The Prosecutor of the Court that issued the decision or to which the investigating authority that issued it belongs, submits to the competent authorities (The court or the inquiry judge) a proposal for the issuance of subsequent decisions regarding the surveillance measures already imposed, taking into account the protection of the victims and citizens in general, as well as the safeguarding of public order.
The Court of the inquiry judge who issued the initial decision, issues the subsequent decision as well. The subsequent decisions may include the modification of the surveillance measures.
Can the measure be appealed?
Yes (to who↓)
According to article 50 of Law 4307/2014, the prosecutor of the usual residence of the suspect recognizes, by an order, the decision transmitted to him, within a time limit of 20 working days from the receipt of the decision regarding the surveillance measures. If an appeal has been filed against the decision, the recognition period is extended by another 20 working days.
As the procedure for the above mentioned appeal is not prescribed by law 4307/2014, the general provision of Article 459 of the CCP will apply, according to which “any doubt or objection concerning the execution of a request for judicial assistance shall be resolved by the Appeals Council, which shall give its decision within eight days. An appeal against that decision may be brought by the prosecutor and by the suspect.
Obligation to inform the competent authority in the Executing State of any change of residence
Yes
What is / are the body / bodies responsible for supervising the measures?
| Supervisory body / bodies
The judge handling the case will supervise the compliance with this measure throughout the proceedings.
Once the defendant informs the authorities of their residence, it is legally presumed to be their correct address. From that point onward, all official notifications, such as summons for hearings or trials, will be sent to this address. The law presumes that the defendant has received these notifications, even if they have not actually read or received them.
If the defendant changes their residence, they must notify the authorities of the new address. Failure to update the address means notifications will continue to be sent to the old address, and the defendant will still be considered properly notified.
The measure is considered properly enforced as long as the defendant fully complies with their obligations, including reporting and updating their residence.
What is the duration of the measure?
| Maximum duration
It depends on the phase of the process:
- With the archiving of the inquiry; or
- With the delivery of the order of non-indictment; or
- With the delivery of the order rejecting the indictment; or
- With the acquittal sentence, even if an appeal has been lodged against it; or
Until the supervisory measure is extinguished upon the pronouncement of a final binding sentence.
Prolongation
| Can it be prolonged?
Yes
| By who?
The judge who imposed the measure.
| FOR HOW LONG?
Until the supervisory measure is deemed as necessary and proportional.
Until the supervisory measure is deemed as necessary and proportional.
Or until the supervisory measure is extinguished:
Can the measures be modified during the pre-trial or trial stage?
Yes (explanation↓)
The Public Prosecutor and the defendant may request the modification of the supervisory measure, due to developments of the case.
The judge must periodically review the measure to ensure it remains necessary and proportionate.
It may be adjusted to a less or more restrictive measure, provided the modification is justified and based on the specific developments of the case
Can the measure be appealed?
Yes (to who↓)
The Public Prosecutor or the defendant may appeal the decision to the hierarchically higher court.
Obligation to inform the competent authority in the Executing State of any change of residence
Yes
What is / are the body / bodies responsible for supervising the measures?
| Supervisory body / bodies
National Police
What is the duration of the measure?
| Maximum duration
Measures remain active for the duration of the trial or investigation until the judge deems otherwise. No strict limit applies, but measures must align with the reasonable duration of the case.
Prolongation
| Can it be prolonged?
Yes
| By who?
Prosecutors, Judges or Courts
| FOR HOW LONG?
Prolonged throughout the duration of the case, ‘if there are strong reasons that justify them’.
Can the measures be modified during the pre-trial or trial stage?
Yes
Can the measure be appealed?
Yes (to who↓)
If the measure was imposed by the prosecutor during the pre-trial investigation – the measure can be appealed to the judge of preliminary chamber at the court that will be responsible for trial.
If the measure was imposed by the preliminary chamber judge or the court during the trial stage – the measure can be appealed at the higher court.
Obligation to inform the competent authority in the Executing State of any change of residence
Yes
What is / are the body / bodies responsible for supervising the measures?
| Supervisory body / bodies
Examining Magistrates or Judges (or Magistrates or Judges of Violence against Women) of the place where the accused has established his residence, with respect to the crimes that fall within their jurisdiction.
What is the duration of the measure?
| Maximum duration
Pretrial detention does have time limits.
However, the measures adopted during provisional release (in the provisional release order) do not have a specific limit in the legislation;
These are precautionary measures that usually remain in force as long as the Judge or Court deems appropriate and may be in force until the resolution of the criminal procedure. They may be in force “during the pendency of the case”.
Prolongation
| Can it be prolonged?
Yes
| By Who?
The Judges or Courts that have issued the resolution of provisional release of the accused (which contains the specific measure) in the criminal proceedings.
| FOR HOW LONG?
They may be in force "during the pendency of the case"
Can the measures be modified during the pre-trial or trial stage?
Yes (explanation↓)
The provisional release orders (with the measures they contain) may be amended throughout the course of the case.
In order to agree to the provisional release with bail of someone who is at liberty or to aggravate the conditions of the provisional release already agreed by replacing it with imprisonment or provisional release with bail, a request from the Public Prosecutor’s Office or from any accusing party will be required.
However, if in the opinion of the judge or court there are reasons, he or she will proceed to issue an order to amend the precautionary measure, or even imprisonment, if the person under investigation or accused is at liberty, but must summon, within the following 72 hours, the indicated appearance.
Whenever the Judge or Court understands that it is appropriate to modify the provisional release in terms more favourable to the person subject to the measure, he or she may order it, at any time, ex officio and without being subject to the request of a party.
Can the measure be appealed?
Yes (to who↓)
Yes, an appeal may be filed against orders that decree, extend or deny provisional release of the person under investigation or accused (which may contain measures to control the person provisionally released).
The following may be filed against orders of the Examining Magistrates or Judges:
- The remedy of reconsideration may be lodged against all orders by the Examining Magistrate
- And the appeal (to be lodged before the same Judge or Magistrate, but decided by the competent superior Court).
The appeal may be filed subsidiarily with the remedy of reconsideration or separately. In no case will it be necessary to file the remedy of reconsideration before filing the appeal.
(the normal appeal system is followed)