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. 31 Enforcement of sentences

1. In case that the ICC, according to art. 103 of its Statute, designates that a custodial
sentence shall be served in Greece, the Secretary of State for Justice, Transparency and Human Rights shall forward the case file to the Prosecutor of the Athens Appeals Court, who shall introduce the case to the Appeals Court (Chamber of 3 Members) for recognition and adjustment of the sentence imposed.

2. The Athens Appeals Court (Chamber of 3 Members) shall recognize the decision of the
ICC and order the execution of the custodial sentence imposed, with the following adjustments;
(a) A term of imprisonment of equal duration, in case the imposed sentence does not exceed 5 years in duration,
(b) A term of incarceration (temporary or for life), in case of heavier penalties imposed.

3. The sentence of temporary incarceration shall, in any case, not exceed 25 years in
duration.

4. The Athens Appeals Court (Chamber of 3 Members) shall recognize and order the
execution of fines and forfeiture measures, as well as the compensation awarded to the victim, by adjusting them to the provisions of Greek legislation.

5. Sentences shall be enforced according to the provisions of the Greek legislation, under
the supervision of the ICC, as stipulated in art 106 and 110 of the ICC Statute.

6. A convicted person whose sentence is enforced in Greece, shall not be subject to
prosecution or punishment or to extradition to a third State for any conduct engaged in prior to that person's delivery to the State of enforcement, unless such prosecution, punishment or extradition has been approved by the Court at the request of the Hellenic Republic, according to art. 108 of the ICC Statute.

7. Communication between the sentenced person and the ICC shall be unimpeded and
confidential.


Art. 32

The enforcement of the provisions of the present Act should never lead to the violation of fundamental rights and principles recognized and protected by the Constitution, the European Convention on Human Rights and the International Covenant on Civil and Political Rights.

Keywords

Enforcement of sentences imposed
National procedures re enforcement of sentences imposed



EDIT.