Arrest Warrant: When Is It Issued?
When Can an Arrest Warrant Be Issued and What Does Criminal Procedure Provide?
An arrest warrant is one of the most important procedural measures in criminal proceedings and is directly connected with the need to ensure the presence of the accused before the competent authorities.
When is an arrest warrant issued? What requirements must be met under the Greek Code of Criminal Procedure, and what rights does the person against whom an arrest warrant is issued have?
This article examines the basic requirements for issuing an arrest warrant, the relevant procedure and the key legal issues that may arise in practice.
What Is an Arrest Warrant?
An arrest warrant is a judicial order by which the arrest of a specific person is ordered in the context of criminal proceedings. It is not merely an administrative act, but a measure that directly affects the constitutionally protected right to personal liberty.
For this reason, an arrest warrant may only be issued in the circumstances provided for by law and subject to specific procedural safeguards. The legality of the procedure is subject to strict scrutiny, as any restriction of personal liberty must be based on a clear legal ground.
When Is an Arrest Warrant Issued?
The issuance of an arrest warrant is not the rule, but an exceptional measure applied when specific requirements are met.
Its purpose is to ensure the presence of the accused before the competent judicial authorities and to prevent the criminal proceedings from being frustrated.
Serious Indications of Guilt
The issuance of an arrest warrant requires serious indications that the person has committed a criminal offence. Mere suspicions or vague information are not sufficient. The judicial authorities must assess the available evidence before deciding whether to issue the measure.
Risk of Flight
One of the most common reasons for issuing an arrest warrant is the risk that the accused may flee, making it impossible to secure their presence before the competent authorities or the court.
The assessment is made on the basis of the facts and circumstances of each case and the particular characteristics of the person under investigation.
Risk of Obstructing the Investigation
In certain cases, consideration is also given to the possibility that the accused may influence witnesses, tamper with evidence or take other actions that could obstruct the administration of justice.
Who Issues an Arrest Warrant?
An arrest warrant is issued by the competent judicial authority in accordance with the requirements laid down by law.
The involvement of a judicial officer constitutes an essential safeguard for the protection of the individual’s rights, ensuring that the decision is not taken arbitrarily but following an assessment of the evidence contained in the case file. The reasoning of the arrest warrant must be sufficient and must allow its legality to be reviewed.
More specifically, an arrest warrant is issued by the Investigating Judge and is enforceable throughout Greece under the supervision of the Prosecutor.
Arrest Warrant and the Flagrante Delicto Procedure: What Is the Difference?
Confusion is often observed between an arrest warrant and the flagrante delicto procedure. However, these are different concepts under criminal procedure.
What Is a Flagrante Delicto Offence?
A flagrante delicto offence is an offence that is being committed or has been committed very recently under the conditions provided for by law. In such cases, an arrest may be carried out without the prior issuance of an arrest warrant.
Read below the article published by our law firm concerning immediate legal assistance in cases of arrest under the flagrante delicto procedure and learn about some of the latest Criminal Law cases we have undertaken and successfully handled:
When Is an Arrest Warrant Required?
Where the conditions for a flagrante delicto offence are not met, an arrest may generally only be carried out in accordance with the procedures provided for by criminal procedure and where the required judicial order is in place.
Below you can find our article concerning a police search of a home without a warrant. Can the police enter a residence without a warrant? Find out what the Constitution and Greek legislation provide, when a home search is permitted, what your rights are and what applies in drug-related cases:
What Are the Rights of an Arrested Person?
An arrest does not result in the loss of the rights of a person who has been temporarily deprived of their liberty. On the contrary, the law provides a number of procedural safeguards.
The Right to Be Informed of the Reason for the Arrest
The arrested person must be informed of the reasons for their arrest and of the relevant charge they are facing.
The Right to Legal Assistance
The right to communicate with a lawyer is a fundamental right and may prove crucial from the very first hours following an arrest.
The Right to Remain Silent
The arrested person is not required to incriminate themselves or to give evidence against themselves. The right to remain silent is a fundamental safeguard of fair criminal proceedings.
What Happens After an Arrest?
Following the execution of the arrest warrant, the prescribed procedural steps are taken. The arrested person is brought before the competent authorities and informed of their rights.
Depending on the nature of the case, further investigative acts, the accused’s examination or statement, the imposition of restrictive measures or other procedures provided for by criminal law may follow.
Each stage of the proceedings is particularly important for the defence and for assessing the available legal options.
How Can Timely Legal Assistance Affect a Criminal Case?
The issuance of an arrest warrant is usually an indication that the case has reached a particularly critical stage. Decisions and actions taken immediately following an arrest may significantly affect the subsequent course of the proceedings.
Obtaining timely information about the rights of the accused, assessing the legality of procedural actions and properly preparing for the next stages of the case often become crucially important.
Frequently Asked Questions About Arrest Warrants and the Arrest Procedure
1) Can an arrest warrant be issued for every offence?
The issuance of an arrest warrant requires specific conditions to be met, as provided for by criminal procedure.
An arrest warrant is not automatically issued in every criminal case. There must be serious indications of guilt or indications, based on specific circumstances, that the accused has planned to flee or commit other serious offences.
2) Can someone be arrested without an arrest warrant?
Yes. In cases of a flagrante delicto offence, an arrest may be carried out without the prior issuance of an arrest warrant, subject to the conditions laid down by law.
3) Is an arrested person required to answer all questions put by the authorities?
An arrested person has the right to remain silent and is not required to contribute to their own incrimination.
4) Can the legality of an arrest warrant be challenged?
The legality of every procedural act is subject to the safeguards and forms of judicial review provided for by the Greek legal system.
Useful Legal Issues Related to Arrest Warrants
The issuance of an arrest warrant is often connected with issues such as pre-trial detention, restrictive measures, giving a statement before the Investigating Judge, the presumption of innocence, the rights of the accused during the pre-trial stage and the exercise of legal remedies in the context of criminal proceedings.
Understanding these issues contributes to a more complete picture of the operation of the criminal justice system and the procedural safeguards that protect individuals.
Legal Information in the Event of an Arrest
The issuance of an arrest warrant and the subsequent deprivation of personal liberty constitute particularly serious developments in the context of a criminal case. Immediate information about the rights of the arrested person and an assessment of the legality of the procedural actions taken are important for the effective protection of the defence.
Every criminal case has its own particular characteristics and requires an individual legal assessment, taking into account the facts and circumstances of the case, the case file and the applicable procedural framework.
For immediate legal assistance in the event of an arrest or in relation to any other Criminal Law matter, you may contact our law firm on 00306977424779 or via Viber / WhatsApp on the same number.
Christos Terzidis, Attorney at Law before the Supreme Court (Areios Pagos), Criminal Defence Lawyer and Doctor of Law at Aristotle University of Thessaloniki, specialises in Criminal Law and holds a doctoral degree in the field of drug offences. He handles Criminal Law cases, with particular emphasis on drug-related offences, providing personalised legal assistance at every stage of the proceedings.
Having been a member of the legal team of KETHEA (Therapy Center for Dependent Individuals) for many years, he has extensive knowledge of Criminal Law and specialises in drug-related legislation.
Useful Legal Articles on Criminal Procedure
For a more complete understanding of criminal procedure issues and cases involving drug-related legislation, you may also read the following articles:
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