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This guide gives a practical overview of how arrests and searches generally work in Nea Smyrni - a suburb of Athens - within the Greek legal system. Arrests and searches are governed by the Greek Constitution, the Code of Criminal Procedure and related laws and regulations. Police and judicial authorities must follow defined procedures when detaining people or searching homes, vehicles or other private spaces. Individuals enjoy basic procedural safeguards - for example the presumption of innocence, the right to be informed of the reasons for arrest, and rights to legal counsel and medical care. Local police in Nea Smyrni operate under the Hellenic Police framework but the same national protections apply throughout Greece.
You may need a lawyer if you or a family member face any situation that involves detention, interrogation, a search of property, or criminal investigation. Common situations include:
- Arrest in flagrante or by warrant following an investigation.
- Police requests to search a home, vehicle or electronic device.
- Being summoned for questioning by police or a prosecutor.
- Allegations of drug offenses, theft, assault, public order offenses, or more serious crimes that can lead to pretrial detention.
- Complaints about unlawful police conduct - for example illegal search, excessive use of force, or denial of procedural rights.
A lawyer protects your procedural rights - including ensuring you are informed of charges, that any search or arrest was lawful, and that evidence was obtained in a way that complies with the law. A lawyer can also advise about immediate steps to reduce the risk of pretrial detention, prepare your defense, and represent you at hearings.
Key legal aspects to understand in Nea Smyrni - and Greece generally - include the following principles:
- Arrest grounds: An arrest can occur when a person is caught in the act of committing an offense - in flagrante - or when a judicial warrant has been issued by a prosecutor or examining judge. The arresting authority must state the reason for the arrest.
- Time to bring before prosecutor: After arrest, authorities are required to bring the arrested person before the competent prosecutor within a short statutory period so the prosecutor or judge can decide on custody, release or further measures.
- Right to information: Suspects must be informed promptly of the reason for arrest and of their rights - including the right to remain silent and the right to legal counsel.
- Right to counsel and legal aid: Detainees have the right to consult a lawyer. If a person cannot afford a lawyer, legal aid may be available through local bar associations or state legal aid schemes in qualified cases.
- Searches and warrants: Searches of homes, private premises and locked spaces normally require a judicial warrant issued by a prosecutor or judge. Exceptions exist for searches carried out in urgent circumstances - for example during a chase, to prevent loss or destruction of evidence, or when consent is given.
- Seizure and evidence: Objects found during lawful searches may be seized and used as evidence. Evidence obtained in violation of procedural safeguards may be subject to challenge and exclusion in court.
- Protection against ill-treatment: Constitutional and criminal law protect individuals against assault, degrading treatment and other violations by public officials. Complaints can be made to prosecutorial authorities and internal police oversight bodies.
Stay calm and be polite. You should ask whether you are free to leave. If you are being detained or arrested, ask the officers for the reason. You have the right to remain silent - avoid volunteering information - and you have the right to speak with a lawyer. Make a note of the officers' names or badge numbers if possible and tell someone you trust about the stop.
Ordinarily searches of private homes require a judicial warrant. Exceptions include urgent circumstances - such as hot pursuit, imminent danger to life, or imminent destruction of evidence - or when an occupant expressly consents to a search. If a warrant is presented, ask to see it and note the date, issuing authority and scope of the warrant.
After arrest the police must bring you promptly before the competent prosecutor or judicial authority. Greek law provides for short statutory periods for initial detention and for judicial decisions on custody or release. The precise timelines and how long a person may be held before formal remand depend on the nature of the alleged offense and the judicial process. Speak with a lawyer immediately to clarify timing in your case.
Yes. You have the right to consult and be assisted by a lawyer. If you request a lawyer, the authorities should allow access - and interrogation should be handled in accordance with applicable rules on legal assistance. If you cannot afford a lawyer, you may be eligible for legal aid - ask the local bar association about availability.
Yes. You have the right to remain silent. You may politely tell the officers you wish to exercise that right and that you want to speak to a lawyer. Avoid providing explanations without legal advice, because statements given under questioning can be used in evidence.
Electronic devices are treated as private and searches usually require judicial authorization. If police ask to see your phone, computer or other device, you may state that you do not consent to a search without a warrant and that you wish to consult a lawyer. If a search is carried out, try to get a written record of what is seized and the officers involved.
Yes - in certain cases prosecutors or judges may order pretrial detention if justified by risks such as flight, tampering with evidence, or continuing danger. Pretrial detention decisions are subject to judicial review and must comply with statutory requirements and constitutional safeguards. A lawyer can argue for release under conditions such as bail or judicial supervision.
You can challenge unlawful arrests or searches by filing a complaint with the prosecutor, by bringing a civil claim for unlawful detention or violation of rights, or by seeking exclusion of unlawfully obtained evidence in criminal proceedings. It is important to preserve evidence - notes, witness names, medical records - and to contact a lawyer as soon as possible.
An arrest alone is not the same as a conviction. Arrests and charges may appear in police files and can affect administrative checks, but a criminal record is created upon conviction. In some cases, laws allow for expungement, non-prosecution or alternative measures. Legal advice can explain how a particular case might affect your record and steps to limit long-term consequences.
Fees vary by lawyer, the complexity of the case, and whether urgent after-hours assistance is required. Some lawyers charge hourly rates while others agree fixed fees for certain services. If you cannot afford private counsel, ask about legal aid through the local bar association. Always discuss fees and billing arrangements upfront with any lawyer you consult.
Useful local and national bodies that can provide information or assistance include:
- The local police station - Αστυνομικό Τμήμα Νέας Σμύρνης - for procedural questions about an active police matter.
- The Hellenic Police headquarters and internal affairs units for complaints about police conduct.
- The Athens Bar Association - for referrals to qualified criminal defence lawyers and information about legal aid.
- The Public Prosecutor’s Office - handles criminal prosecutions and receives complaints about unlawful detention or police conduct.
- The Greek Ombudsman - for administrative complaints and human rights issues involving public authorities.
- Non-governmental organisations and human rights groups in Greece that can provide information and support in cases involving rights violations.
If you or a loved one face arrest, search or criminal investigation in Nea Smyrni, follow these steps:
- Stay calm and avoid resisting. Make clear you wish to exercise your rights - including the right to remain silent and the right to a lawyer.
- Ask for the reason for arrest and, when relevant, ask to see any search warrant. Note the names or badge numbers of officers involved.
- Contact a criminal defence lawyer immediately - if you do not have one, contact the Athens Bar Association for a referral or information about legal aid.
- If you are injured or mistreated, request medical attention and make a record of injuries.
- Preserve any evidence you can - record witness names, times and locations, and keep copies of any documents or receipts.
- If you believe your rights were violated, instruct your lawyer to file the appropriate complaints with prosecutorial authorities, police oversight units or civil courts.
Legal rules and procedures can be complex and may change. This guide is informational and not legal advice - for case-specific guidance contact a qualified lawyer in Nea Smyrni or the Athens area as soon as possible.
