CHAPTER I

PURPOSE – SUBJECT MATTER

Article 52

Purpose

The purpose of this Part is to assist the judicial authorities in their work, to contribute to speeding up the administration of justice and improving the quality of services provided to citizens, to resolve problems relating to the organisation and functioning of courts and the career development of judges, in a way that safeguards their personal and functional independence, by harmonising the Code of Criminal Procedure (Law 4620/2019, ΄ 96) with Law 5108/2024 (Government Gazette, Series I, No 65) on the unification of the first instance.

Article 53

Subject matter

The object of this Part is to amend provisions of the Code of Criminal Procedure (Law 4620/2019, ΄ 96) and in particular to amend:

a) the First Book of the Code of Criminal Procedure, on general definitions;

b) the Second Book of the Code of Criminal Procedure, on evidence,

Book Three of the Code of Criminal Procedure, on pre-trial proceedings; and

the Sixth Book of the Code of Criminal Procedure on appeals.

CHAPTER II

GENERAL DEFINITIONS – AMENDMENT OF THE FIRST BOOK CODE OF CRIMINAL PROCEDURE

Article 54

Preliminary investigation and preliminary examination by investigating magistrates at first instance – Amendment of Article 31(1) of the Code of Criminal Procedure

Article 31(1) of the Code of Criminal Procedure (Law 4620/2019, ΄ 96) on general and special investigators replaces point (a) and paragraph 1 reads as follows:

‘1. The pre-trial investigation and preliminary examination shall be carried out at the request of and under the direction of the public prosecutor for misdemeanours: a) by the preliminary investigators at first instance, b) by the competent ranks of the Hellenic Police and the Coast Guard, designated in the respective organisations as general investigators and c) by civil servants, where this is provided for in special laws, designated as special investigators.’.

Article 55

Jurisdiction of the Three-Member Court of Appeal – Amendment to appendix 6 Article 111 Code of Criminal Procedure

In approx. 6 of Article 111 of the Code of Criminal Procedure (Law 4620/2019, Α΄ 96), concerning the jurisdiction of the Three-Member Court of Appeal, the words ‘of magistrates, special magistrates’ and appendix Article 111(6) is worded as follows:

‘6. The felonies of competence of the single-member court of appeal of judges of political, criminal and administrative justice and prosecutors, including the associate judges, members of the Council of State, its associate judges, rapporteurs and probationary rapporteurs, members of the Court of Audit, its associate judges, rapporteurs and probationary rapporteurs, the Commissioner-General, Commissioners and Vice-Commissioners serving therein, the Commissioner-General, Commissioners and Vice-Commissioners of State in the ordinary administrative courts, lawyers and members of the Legal Council of State.’.

CHAPTER C

EVIDENCE – AMENDMENT OF A SECOND BOOK CODE OF CRIMINAL PROCEDURE

Article 56

Faint witness at questioning or in court – Amendment of Article 231(1) of the Code of Criminal Procedure

In the second sentence of Article 231(1) of the Code of Criminal Procedure (Law 4620/2019, Government Gazette, Series I, No 96) on witness failing to testify during questioning or in court, the words ‘magistrate or criminal judge’ are replaced by the words ‘or investigating judge at first instance’ and paragraph 1 is worded as follows:

‘1. The person who summons the witness, if the summons is lawful (Article 213) and the witness does not appear, issues against him a warrant of forcible arrest. If the caller is a public prosecutor, an investigating magistrate or an investigating magistrate at first instance, he may also sentence the witness who did not appear as a result of disobedience on the specified day to a fine of one hundred (100) to three hundred (300) euros and to payment of the fees. A witness who has appeared shall also be liable to the same penalty, but shall refuse, without legitimate reason, his testimony or the oath of his testimony, without prejudice to the heaviest penalty under the Criminal Code.’

Article 57

Opposition proceedings following a conviction for failing to testify – Amendment of paragraph 2 Article 232 of the Code of Criminal Procedure

In the fifth sentence of Article 232(2) of the Code of Criminal Procedure (Law 4620/2019, Government Gazette, Series I, No 96), revoking the conviction for failing to testify, the word ‘magistrate’ is replaced by the word ‘court of first instance’ and paragraph 2 is worded as follows:

‘2. The witness or expert convicted in accordance with Article 231(2) and (3) may lodge an objection himself or by proxy against the conviction within fifteen days of being served on him or her. In that case, a report shall be drawn up before the registrar of the court which issued the decision. The report must state why it did not appear legally. Legal impediments are only cases of force majeure or other insurmountable obstacles. The notice of opposition may also be drawn up before the registrar of the district court of the domicile or residence of the person lodging the objection. In this case, the registrar is obliged to send the report on the same day to the registrar of the court that issued the decision against which an objection has been lodged otherwise, he or she shall be liable to disciplinary action.’

CHAPTER D

PRELIMINARY RULING – AMENDMENT OF THE THIRD BOOK CODE OF CRIMINAL PROCEDURE

Article 58

Night search of a dwelling – Amendment of Article 256(5) of the Code of Criminal Procedure

In the introductory sentence of Article 256(5) of the Code of Criminal Procedure (Law 4620/2019, Government Gazette, Series I, No 96), on the formalities and procedures for conducting a search of a dwelling and on the night search of a dwelling, the words ‘to magistrates or magistrates’ are replaced by the words ‘to the investigating judge at first instance and to the court of first instance’ and paragraph 5 is worded as follows:

‘5. A night search of a dwelling is permitted in the following cases and only to the public prosecutor, the investigating judge, the investigating judge at first instance and the court of first instance:

if a lawfully prosecuted person is to be arrested;

b) if someone is caught in the act of committing a felony or misdemeanour in the home;

c) if there is a concentration in a residence where games of chance are played on a professional basis or the residence is used as a place of debauchery on a professional basis.'

CHAPTER E

LEGAL INSTRUMENTS – AMENDMENT OF OUTSIDE THE BOOK CODE OF CRIMINAL PROCEDURE

Article 59

Appeal – Amendment of Article 474(1) of the Code of Criminal Procedure

In the first sentence of Article 474(1) of the Code of Criminal Procedure (Law 4620/2019, ΄ 96), on the methods and grounds of appeal, the word ‘district court’ is replaced by the word ‘court of first instance’ and paragraph 1 reads as follows:

‘1. The appeal is lodged with a declaration to the registrar of the court that issued the decision (or decision) or to the registrar of the court of first instance or to the head of the consular authority located abroad in whose district the beneficiary resides or stays temporarily. If he is being held in prison, the statement can also be made to the person who directs it. The declaration shall be the subject of a report signed by the person submitting it or his representative (Article 466(1)) and by the person accepting it. The public prosecutor may also declare that an appeal has been lodged by fax or e-mail, in which case the appeal shall be deemed to have been lodged with their proven dispatch.’.