1. About Extradition Law in Greece
Extradition in Greece is the legal process by which a person located in Greece is surrendered to another country for prosecution or punishment for crimes. The domestic framework blends the Greek Code of Criminal Procedure with international treaties and EU instruments. Greece applies the European Arrest Warrant framework for EU member states and relies on bilateral treaties for non-EU requests.
The core domestic rules are administered through the Code of Criminal Procedure and relevant international cooperation laws. Extradition decisions are made by Greek courts and prosecutors, with the right to challenge decisions through appeal and, in some cases, constitutional review. Human rights protections, including the prohibition of torture and ensuring fair trial rights, are important considerations throughout the process.
For residents of Greece, the process can involve immediate detention during surrender proceedings, careful review of grounds for surrender, and rigorous examination of double criminality and proportionality. Because procedures combine national and international law, obtaining qualified legal counsel is essential at all stages. Reliable legal representation helps protect your rights and navigate complex cross-border issues.
Extradition decisions in Greece operate under the European Arrest Warrant framework for EU requests and bilateral treaties for non-EU requests. Gov.gr
2. Why You May Need a Lawyer
In Greece, extradition matters involve complex interaction between domestic procedure and international law. A specialized lawyer helps protect procedural rights and ensure accurate application of the law.
- You receive a European Arrest Warrant while in Greece and need immediate counsel to decide how to respond, challenge the basis, and prepare evidence to oppose surrender.
- A non-EU country requests your extradition and you must argue proportionality, dual criminality, or human rights concerns to delay or block surrender.
- You fear political offenses or persecution if surrendered, and your attorney argues non-extradition on politicaloffense or human rights grounds.
- You are at risk of extended detention or mistreatment during cross-border proceedings, requiring urgent remedies and judicial review.
- You are a dual or multiple nationality holder and want to clarify rights, choose defense strategy, and manage competing jurisdictions.
- You need to organize evidence and witnesses across borders, requiring careful coordination, translations, and timely submissions.
3. Local Laws Overview
The Greek framework for extradition rests on several key legal pillars. The primary domestic statute is the Code of Criminal Procedure, which governs procedures for arrest, detention, and surrender. It is complemented by international cooperation laws and EU instruments that Greece implements in its national system.
European Arrest Warrant framework - Greece applies Regulation (EC) 584/2002 on the European Arrest Warrant and related instruments within its courts and public prosecutors. This framework streamlines cross-border surrender within the EU while preserving constitutional safeguards.
International Judicial Cooperation in Criminal Matters - Greece participates in bilateral treaties and multilateral conventions that regulate extradition with non-EU states. These instruments set the procedural standards for requests, witness cooperation, and evidence exchange in cross-border cases.
For the most current texts and procedural details, consult official channels such as the Greek government portal and the national criminal procedure texts. The exact domestic articles and impediments can change with amendments, so timely verification is essential.
Greece adheres to the European Arrest Warrant framework for EU cases and relies on international treaties for non-EU extraditions, under the authority of the Code of Criminal Procedure. Gov.gr
4. Frequently Asked Questions
What is extradition in Greece and who decides it?
Extradition is the surrender of a person to another state for prosecution or punishment. Greek courts and prosecutors decide on extradition requests, applying the Code of Criminal Procedure and international treaties.
How do I respond to a European Arrest Warrant in Greece?
Contact a criminal defense attorney immediately. You will typically have a hearing to challenge the warrant, present evidence, and seek stay of surrender if possible.
When can extradition be refused in Greece?
Extradition can be refused for non compliance with double criminality, political offenses, human rights risks, or if procedural safeguards were violated. Each case depends on its facts.
Where can I appeal an extradition decision in Greece?
Appeals generally proceed through the Greek judicial system, with possible review by higher courts depending on the stage and nature of the decision. Your lawyer can map the exact path.
Why is legal representation essential in extradition matters?
Extradition cases involve cross-border law, procedural deadlines, and complex evidence. A lawyer ensures rights are protected and deadlines are met.
Do I need a Greek attorney for cross-border extradition requests?
Yes. A local attorney understands Greek procedure, translation requirements, and the interplay with international treaties, improving your defense strategy.
Can Greece extradite a dual citizen to another country?
Dual nationals can be extradited if the request meets jurisdictional and legal criteria. Your attorney will assess constitutional and human rights protections.
Should I apply for asylum to delay extradition?
In some cases an asylum request can affect the timing or viability of extradition. A lawyer can evaluate asylum prospects and timing implications.
How long does the extradition process take in Greece?
Duration varies by case complexity, court backlog, and cooperation speed. Some EAW cases proceed within weeks, others extend to months.
What is double criminality and how does it affect extradition?
Double criminality requires that the offense be punishable in both Greece and the other state. If not, surrender may be challenged or avoided.
What is the difference between extradition and surrender in Greece?
Extradition describes transferring a person to another state under a legal process; surrender refers to the actual act of handing over after a court decision.
How much does extradition representation cost in Greece?
Costs vary by case, attorney experience, and duration of proceedings. Many lawyers offer initial consultations and payment plans, so ask for a transparent fee structure.
5. Additional Resources
- - Official Greek government portal providing access to laws, regulations, and up-to-date guidance on extradition and international cooperation in criminal matters. Gov.gr
- - Office of the United Nations High Commissioner for Human Rights, offering guidance on human rights safeguards in extradition and transfer of detainees. OHCHR
6. Next Steps
- Determine the status of your case by obtaining official documents showing whether you face an EAW or another extradition request. Request translations if needed and confirm deadlines.
- Identify and contact a Greek attorney who specializes in extradition and international criminal cooperation. Ask about recent cases similar to yours and request a clear engagement plan.
- Arrange an initial consultation to review all available documents, evidence, charges, and potential grounds for defense or delay.
- With the lawyer, map a strategy focused on procedural defenses, human rights safeguards, and evidence challenges. Prepare a checklist of witnesses and materials.
- Submit any immediate objections or stays of surrender as advised by your attorney, noting every deadline and submission requirement.
<6>Prepare for hearings by organizing translations, court filings, and communications with authorities, and stay informed about any changes in procedure.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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