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![]() ![]() Greece How the System Works https://photius.com/countries/greece/national_security/greece_national_security_how_the_system_works.html Sources: The Library of Congress Country Studies; CIA World Factbook
Greek law classifies any person between seven and seventeen years of age as a juvenile. The crime rate among juveniles in Greece is rather low compared with those in other Western countries. It is confined mainly to petty theft and property damage. Police officers may arrest persons caught in the act of committing a crime; citizen's arrests also may be considered valid. In no other case can a person be arrested without a judicial warrant. Suspects must be brought before an examining magistrate within twenty-four hours of arrest. Within three to five days of arraignment, magistrates are required either to release a suspect or to issue a warrant for imprisonment pending trial. The maximum detention permissible before trial is nine months, or, if cause is demonstrated by the prosecutor, eighteen months. Administrative measures to restrict the movement of citizens are prohibited unless they are backed by a court ruling. Public prosecutors represent the state whenever a criminal case is brought before a court. Before a suspect is remanded by the police to court authorities, the public prosecutor conducts a preliminary investigation, the results of which are passed to the court for further investigation or establishment of a trial date. An injured party may initiate prosecution when the appropriate public prosecutor fails to act. The constitution provides full protection of the rights of the accused. The public prosecutor must explain comprehensibly to the accused all aspects of the case, including his or her rights and options and all documents bearing on the case. Illegally obtained confessions may not be used against the accused. Bail may be posted except for the most serious crimes. Criminal and political offenses are tried by juries composed of judges and lay people in so-called mixed courts that combine the functions of judge and jury in common law courts. The accused is present during the trial and may compel the appearance in court of defense witnesses. The court must appoint legal counsel if the accused lacks a lawyer. Criminal trials are open to the adult public. Although the criminal code specifies rules for the presentation of evidence, judicial panels are given considerable latitude in arriving at their verdict. The burden of proof rests with the prosecution. Legal limits restrict the length of sentence or amount of fine that a presiding judge may levy at each level of the judicial system, as well as the applicable penalty for each kind of offense. Magistrates in juvenile courts are permitted considerable discretion in sentencing youthful offenders. Punishment for juvenile delinquency may range from a reprimand to committal to a training school or correctional institution. The Greek court system is overburdened, especially at the lower levels of magistrates' courts and courts of first instance. Because of the large number of trivial cases (mostly misdemeanors, traffic violations, and accidents) that are not resolved before reaching the stage of trial, many cases wait for trial for two or three years. Data as of December 1994
NOTE: The information regarding Greece on this page is re-published from The Library of Congress Country Studies and the CIA World Factbook. No claims are made regarding the accuracy of Greece How the System Works information contained here. All suggestions for corrections of any errors about Greece How the System Works should be addressed to the Library of Congress and the CIA. |
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