Invitation to Provide Explanations: Rights, Procedure and Legal Considerations in Greek Criminal Proceedings

Learn what an Invitation to Provide Explanations is, the rights of a suspect under Greek criminal procedure, and how this procedural step should be handled during the preliminary investigation and the preparation of the criminal case file

An Invitation to Provide Explanations is one of the earliest and most critical stages of criminal proceedings in Greece. It takes place before criminal prosecution is initiated and forms part of the preliminary examination conducted by the competent prosecuting authorities. At this stage, a person is invited to present their account and provide explanations regarding allegations that are under investigation.

Handling this procedure appropriately is of particular importance, as the statements and legal arguments submitted at this stage may substantially influence both the development of the criminal case file and the subsequent course of the criminal proceedings.

What Is an Invitation to Provide Explanations in Greek Criminal Proceedings?

An Invitation to Provide Explanations is a procedural act carried out during the preliminary examination, whereby the competent authorities invite a person to present their position regarding an alleged criminal offence.

The purpose of this procedure is to gather sufficient information in order to determine whether criminal prosecution should be initiated or whether the case should be dismissed without further proceedings.

When Is Someone Invited to Provide Explanations?

An Invitation to Provide Explanations is issued when there are indications that a person may be connected to an alleged criminal offence under investigation.

Receiving such an invitation does NOT mean that criminal charges have already been brought. Instead, it indicates that the matter is still at the pre-prosecution stage of the criminal investigation.

Rights When Providing Explanations

A person invited to provide explanations enjoys several important procedural rights, including:

The Right to Be Informed About the Case

The individual has the right to receive information regarding the allegations and the subject matter of the investigation.

The Right to Remain Silent

No one is obliged to answer questions or make statements that may incriminate themselves.

The Right to Legal Representation

The person may be assisted and represented by a criminal defence lawyer throughout the procedure.

The Right to Request Additional Time and Access to the Case File

Where permitted under the Greek Code of Criminal Procedure, the individual may request additional time to prepare and obtain access to the relevant parts of the criminal case file.

The proper exercise of these procedural rights may significantly affect the outcome of the investigation.

How Should an Invitation to Provide Explanations Be Handled?

In practice, this stage requires careful legal consideration, as every statement submitted becomes part of the criminal case file and may later be examined during subsequent stages of the criminal proceedings.

For this reason, thorough legal preparation before providing explanations is generally regarded as essential for protecting the individual's legal interests.

How Does It Relate to the Criminal Case File and Criminal Prosecution?

The explanations submitted become part of the criminal case file and are assessed by the competent prosecuting authorities.

Based on the evidence collected during the preliminary examination, the authorities will determine whether criminal prosecution should be initiated or whether the case should be closed without further action.

Read our detailed legal article on Criminal Prosecution in Greece to learn when criminal proceedings begin, how prosecution is initiated, and what this means in practice for the accused:

• Criminal Prosecution in Greece: How Criminal Proceedings Begin

Frequently Asked Questions about Invitation to Provide Explanations (FAQ)

1. Does Receiving an Invitation to Provide Explanations Mean That I Have Been Charged?

No. It means that the case is still under investigation and that criminal prosecution has not yet been initiated.

2. Should I Be Represented by a Criminal Defence Lawyer?

Although legal representation is not mandatory at this stage, assistance from an experienced criminal defence lawyer is strongly recommended, as it may significantly influence the future development of the case.

3. Can I Refuse to Answer Questions?

Yes. You have the right to remain silent.

You may choose not to make any statement and instead seek legal advice from a criminal defence lawyer before responding to the authorities.

Related Articles on Greek Criminal Procedure and Criminal Case Files (H2)

An Invitation to Provide Explanations forms part of the broader framework of Greek criminal procedure and specifically the preliminary stage, during which the criminal case file is established and gradually supplemented with evidence.

The criminal case file constitutes the central file of every criminal case and includes witness statements, official documents, forensic reports, and all other evidence collected by the investigating and prosecuting authorities. For many individuals, the Invitation to Provide Explanations represents their first interaction with the criminal case file.

For a broader understanding of Greek criminal proceedings, you may also find the following articles useful:

• Arrest for Drug Offences in Greece: What You Need to Know

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

• Pre-Trial Detention in Greece: When It Is Imposed, the Legal Requirements, Duration, and the Rights of the Accused

• Criminal Prosecution in Greece: How Criminal Proceedings Begin

• Drug Trafficking in Greece: Penalties and Legal Framework

• I Am Accused of a Drug Offence: What Are the Next Steps?

• Preliminary Investigation in Criminal Proceedings: What it is and why it matters

• Main Investigation in Criminal Proceedings: What It Is, How It Is Conducted & Why It Is Crucial to a Criminal Case

Legal Assistance Following an Invitation to Provide Explanations

An Invitation to Provide Explanations is a particularly important stage of Greek criminal proceedings, as it often shapes the initial direction of the case and the development of the criminal case file. The explanations provided and the legal arguments submitted will be assessed by the competent authorities and may influence the decision on whether criminal prosecution will be initiated.

For this reason, obtaining timely legal advice from a lawyer experienced in Greek Criminal Law can play a decisive role in evaluating the case properly and developing a carefully planned defence strategy.

Our Greek Law Office provides legal representation and strategic advice at every stage of Greek criminal proceedings, with particular experience in preliminary examinations, criminal investigations, and the preparation of criminal defence cases.

For immediate legal assistance, you may contact our law firm by telephone  at  +30 697 742 4779  or via Viber or WhatsApp  using the same number.

Alternatively, you may send documents or other relevant material for preliminary legal assessment by email at terzidislaw@yahoo.gr.