PART B
PROCEDURAL PROVISIONS AND JUDICIAL COOPERATION
II. JUDICIAL COOPERATION
Art. 22
Decision for surrender to the ICC
1. The Judicial Council of the Appeals Court, after examining the arrested, in cases he
preferred to present him/herself before it and after hearing the Prosecutor and the accused or his legal representative, shall decide by a reasoned judgment upon the following issues of the request:
(a) Whether the warrant applies to that person,
(b) Whether the person has been arrested in conformity with the lawful procedure (bene detentus)
(c) Whether the rights of the person have been respected, especially the right to an attorney and interpreter (in case that the arrested person lacks sufficient command of the Greek language),
(d) Whether the crime attributed to the arrested person or, in case of the existence of a verdict of guilt, the crime for which this verdict was issued, are included in the list of crimes for which the surrender is allowed, according to the provisions of the present law.
2. The Judicial Council of the Appeals Court may order the conduct of supplementary
investigations concerning the elucidation of the data of par. 1, deferring the final decision for 15 days the utmost.
3. The final decision of the Judicial Council of the Appeals Court may be appealed by the
person whose surrender is sought and by the Prosecutor before the Supreme Criminal Court (Areios Pagos)in a deadline of 3 days after the publication of the decision. A report of the appeal shall be drawn up by the Registrar of the Appeals Court.
4. The Supreme Court shall decide in camera within ten days. Art. 448 and 450 of the C.C.P. shall apply by analogy.
5. The person whose surrender is sought, shall be summoned by the General Attorney of the Supreme Court in person or through his appointed representative, at least 3 days before the hearing.
6. The Judicial Council of the Appeals Court may, at any stage of the proceedings, order the interim release of the arrested according to the stipulations of art. 59 paras 3-6 of ICC Statute , ratified by Law 3003/2002. The provision of art. 449 par. 2 of C.C.P. shall apply analogously. In case of appeal, the Judicial Council of the Supreme Court shall be competent for adjudication.
Art. 23 Surrender to the ICC
1. The decision for surrender issued by the competent Judicial Council shall be executed
within a period of one month after its public announcement. In such a case, the Prosecutor of the Appeals Court shall submit the decision, accompanied by the relevant record, to the Secretary of State for Justice, Transparency and Human Rights, who takes care of its execution.
2. In the case that an irrevocable decision concerning the request for surrender is not
published within 3 months from the date of arrest, the arrested person shall be released.
Surrender
Surrender - procedures
EDIT.