Criminal Prosecution in Greece: How Criminal Proceedings Begin

Criminal prosecution is the first and most critical stage of any criminal case. Learn when criminal prosecution is initiated, how the process begins, and what it means in practice for the accused

Criminal Prosecution as the Starting Point of Criminal Proceedings

Criminal prosecution marks the beginning of every criminal proceeding. From the moment criminal charges are brought against an individual, that person officially enters the criminal justice system, with all the legal consequences that this entails.

In practice, this stage is of crucial importance, as the initial procedural steps often shape the future course of the case.

Understanding how criminal prosecution begins and what follows thereafter is particularly important for anyone involved in a criminal matter.

What Is Criminal Prosecution?

Criminal prosecution is the formal act by which the State, acting through the competent Public Prosecutor, attributes the commission of a criminal offence to a specific individual.

Once criminal prosecution is initiated:

• Criminal proceedings officially begin

• The criminal case file is established

• The pre-trial stages of the proceedings are activated

• The individual acquires the legal status of an accused person

The initiation of criminal prosecution is not merely a procedural formality. It is the point at which the criminal justice process effectively begins.

When Is Criminal Prosecution Initiated?

Criminal prosecution is initiated when the Public Prosecutor determines that there are sufficient indications that a criminal offence may have been committed.

At this stage, full proof of guilt is not required. Rather, a preliminary assessment must be made that the case warrants further investigation.

In practice, understanding how criminal prosecution is initiated in each case is essential, as it directly affects the subsequent stages of the proceedings and the development of the defence strategy.

How Is Criminal Prosecution Initiated?

Criminal Complaint or Formal Complaint by the Victim

The process often begins with the submission of a criminal complaint by the person who believes they have been harmed by a criminal offence.

A formal complaint by the victim is primarily required for offences prosecuted only upon complaint. In such cases, criminal proceedings cannot commence unless the injured party submits the required complaint.

By contrast, a criminal complaint may also relate to offences that are prosecuted ex officio.

Report to the Competent Authorities

In many cases, criminal proceedings begin following a report submitted to the competent authorities, such as the police or the Public Prosecutor's Office.

The report may be submitted either by the victim or by a third party with knowledge of the relevant facts.

The authorities then forward the information to the competent Public Prosecutor, who assesses whether the legal requirements for initiating criminal prosecution are satisfied.

Ex Officio Intervention by the Public Prosecutor

For a large number of criminal offences, particularly more serious crimes, criminal prosecution is initiated ex officio by the Public Prosecutor without requiring any action by the victim.

This applies, among other cases, to drug-related offences, violent crimes, and offences that affect the broader public interest.

In such situations, it is sufficient for the relevant information to come to the attention of the authorities for criminal proceedings to begin.

What Does Criminal Prosecution Mean in Practice for the Accused?

The initiation of criminal prosecution is not merely a procedural step. It is a significant legal event that directly affects the position of the accused.

It gives rise to both rights and obligations that must be carefully evaluated throughout the proceedings.

In practice, criminal prosecution may lead to:

• A summons to provide explanations or testimony

• The imposition of restrictive conditions

• Investigative actions and procedural measures

• The freezing or seizure of assets in certain cases

Proper handling of this stage is essential, as any action taken may influence the future development of the case.

What Happens After Criminal Prosecution?

Once criminal prosecution has been initiated, the pre-trial procedure follows.

This may include:

• Preliminary investigation and evidence gathering

• Main judicial investigation (in more serious cases)

• Evaluation of the case by the Public Prosecutor

• Potential referral of the case for trial

In practice, the stages that follow require close monitoring and careful legal management, as the evidentiary foundation of the case is being formed.

Frequently Asked Questions About Criminal Prosecution

1. Can a formal complaint be withdrawn?

In certain cases, the matter may be discontinued or the criminal proceedings may be terminated following the withdrawal of the complaint.

2. Who decides whether criminal prosecution will be initiated?

The decision is made by the competent Public Prosecutor.

3. Is the presence of a lawyer mandatory?

The presence of a lawyer is not always legally required. However, in practice, legal representation is often crucial for safeguarding the rights of the accused.

4. Can criminal prosecution lead directly to trial?

Yes. In certain situations, such as summary proceedings for offences committed in flagrante delicto, the case may proceed rapidly to court.

5. What does it mean when a case is closed and archived?

It means that there is insufficient evidence or insufficient indications to justify the continuation of criminal proceedings.

Legal Representation in Criminal Cases

Timely legal representation from the earliest stage of criminal prosecution can be decisive for the outcome of a case.

Mistakes, omissions, or procedural errors made during the initial stages of criminal proceedings are often difficult to remedy at a later stage. Proper evaluation of the case file, guidance throughout the pre-trial process, and the timely exercise of procedural rights require specialised knowledge and extensive experience in Criminal Law.

The assistance of a lawyer experienced in Criminal Law can contribute significantly to the proper handling of the case and the effective protection of the accused person's rights.

If you would like to discuss your case with us, we are available to assist.

A consultation with our law firm may help you gain a clearer understanding of your legal position and available options.

Call us today  on  +30 697 742 4779   or  contact us via Viber or WhatsApp using the same number.

Related Articles on Criminal Procedure

Understanding criminal prosecution is only the first step. Criminal proceedings involve a series of procedural stages, each of which may significantly affect the outcome of a case.

For a more comprehensive understanding of the criminal justice process, you may also find the following articles useful:

• Preliminary Examination and Legal Representation in Criminal Cases

• Defence Representation at Every Stage of Criminal Proceedings

• Arrest for Drug Offences in Thessaloniki: Legal Framework and Protection of Your Rights

• Pre-Trial Detention in Greece: When Can It Be Imposed Under Greek Law?

• Criminal Defense Attorney in Thessaloniki: The Role at Every Stage of the Criminal Procedure

• Juvenile Criminal Law in Greece: Defence of Minors & Legal Representation in Thessaloniki

• Drug Trafficking: When Is It Considered a Felony in Greece?

Each stage of criminal proceedings requires a different legal approach and careful handling, particularly where important rights and legal interests of the accused are at stake.