Greece

Law No. 3948/2011 on the adaptation of internal law to the provisions of the ICC Statute, adopted by Law 3003/2002 (A '75)

PART B
PROCEDURAL PROVISIONS AND JUDICIAL COOPERATION

II. JUDICIAL COOPERATION

Art. 20

1. Any request for surrender of a sought person to the ICC, done in English and officially
translated in Greek language, shall be directed to the Secretary of State for Justice, Transparency and Human Rights and consequently shall be forwarded to the Office of the Prosecutor of the Court of Appeals.

2. The request shall be supported, as a minimum, by the following documents:
(a) Data proving the identity of the accused, such as a thorough description of his/her physical characteristics, photograph or fingerprints or any other element of proof,
(b) A certified copy of the arrest warrant and a brief statement of the facts of the case and
(c) A certified copy of the indictment or of the judgment of the court pronouncing the guilt.

3. In cases of urgency, the above data may be transmitted via any medium leaving a written
or electronic trace. In such a case, the request shall be served according to the provisions of par. 1.

4. In case of competing requests for surrender to the ICC or to another court or to another
State requesting extradition or on the basis of a European arrest warrant, the provisions of art. 90 of the Statute of the ICC, which was ratified with Law. 3003/2002, shall apply.


Art. 21
Arrest of the requested person

1. The Prosecutor of Athens Appeals Court, upon reception of the request, shall order the arrest of the requested person, who must be brought before him/her without delay. The arrested person must be immediately informed about the existence and the content of the request, as well as for the right to legal representation by an attorney at law. In case that the arrested person lacks sufficient command of the Greek language, an interpreter shall be appointed. If the requested person has not appointed a legal representative, the Prosecutor is under the obligation to appoint one by his/her own initiative.

2. The arrested person shall have the right of recourse to the Judicial Council, in order to challenge his/her identification, in a time-limit of two working days after the arrest.

3. The Judicial Council of the Appeals Court (Chamber of 3 judges) shall sit in public in a period of 15 days after the arrest the latest and is under the obligation to decide finally and irrevocably in 10 days. The arrested shall be summoned before the Council at least 3 days before the date of the hearing.

Keywords

Arrest
Request for arrest and surrender



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