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

The preliminary investigation is the first substantive stage of criminal proceedings following the initiation of criminal prosecution, during which the key elements of the case are gathered. Understanding this stage of the process can significantly influence the course of a criminal case

The preliminary investigation is the initial stage of the criminal investigation following the initiation of criminal prosecution and plays a decisive role in shaping the case file that will subsequently be brought before the competent judicial authorities.

During this stage, crucial evidence is collected and assessed, and this evidence may substantially influence the further course of the criminal proceedings.

What Is a Preliminary Investigation in Criminal Proceedings?

The preliminary investigation is a stage of the criminal proceedings that follows the initiation of criminal prosecution and is intended to collect and process the evidence necessary for the preparation of the case file.

At this stage, the authorities do not determine whether the accused is guilty or innocent. Instead, the available evidence is organised and prepared for further evaluation by the competent judicial authorities.

Who Conducts the Preliminary Investigation?

The preliminary investigation is primarily conducted by investigating officers, police authorities, and judicial officers entrusted with investigative powers, under the general supervision of the competent Public Prosecutor.

Competent Authorities

The authorities typically involved include:

• Police authorities and investigating officers

• Judicial officers conducting the preliminary investigation

• The Public Prosecutor, acting in a supervisory capacity

What Does the Preliminary Investigation Include?

During the preliminary investigation, various investigative measures are carried out to collect evidence relevant to the case.

Main Investigative Measures

These commonly include:

• taking witness statements and interviewing persons involved in the case

• collecting documents and other documentary evidence

• conducting on-site inspections where relevant

• examining witnesses and other persons connected with the case

• carrying out searches, seizures, and other investigative measures.

These investigative actions form the evidential material that becomes part of the official criminal case file.

The Relationship Between the Preliminary Investigation and Criminal Prosecution

The preliminary investigation follows the initiation of criminal prosecution and serves as an important preparatory stage of the criminal proceedings.

The evidence gathered during this phase is evaluated by the judicial authorities and may significantly influence the subsequent course of the case.

The Practical Importance of the Preliminary Investigation

In practice, the preliminary investigation is one of the most important stages of a criminal case, as the evidence collected during this phase often influences how the case develops in the subsequent procedural stages.

Proper handling of the investigative process and a clear understanding of the rights of the persons involved are therefore of fundamental importance.

Frequently Asked Questions (FAQ) about the Preliminary Investigation

1. Can I give a statement without a lawyer?

Yes. A statement may be given without the presence of a lawyer. However, in criminal cases, obtaining legal advice is often essential for ensuring that the procedure is handled correctly.

A lawyer experienced in Criminal Law and criminal procedure can help you understand your rights, prepare appropriately before giving a statement, and avoid procedural mistakes that could adversely affect the course of your case.

2. Can I be summoned to give a statement?

Yes. A person may be summoned to give a statement either as a witness or as a suspect, depending on the available evidence and the procedural stage of the criminal case.

3. What is the role of a Criminal Defence Lawyer during the Preliminary Investigation?

A Criminal Defence Lawyer plays an important role from the preliminary investigation stage onwards by advising the client on their legal rights and explaining the applicable criminal procedure.

In practice, the presence or legal guidance of an experienced Criminal Defence Lawyer helps ensure better case management, a proper assessment of the available evidence, and the avoidance of procedural mistakes that could negatively affect the subsequent course of the criminal proceedings.

Legal assistance in Criminal Cases during the Pre-Trial Stages

Criminal proceedings, particularly their initial stages such as the preliminary investigation, require careful legal handling, as the evidence collected may have a decisive impact on the outcome of the case.

An assessment by a lawyer experienced in Criminal Law and criminal procedure can provide valuable guidance regarding your legal rights and the options available to you, always taking into account the specific circumstances of your case.

Have your case assessed by an experienced Criminal Defence Lawyer

In criminal matters involving the preliminary investigation stage, obtaining an early legal assessment may prove crucial for the effective handling of your case.

Our Greek Law office based in Thessaloniki, 19A Dodekanisou Street, has extensive experience in criminal cases and in-depth knowledge of Greek criminal procedure, providing tailored legal advice based on the specific facts and circumstances of each case.

📞 Telephone:  +30 697 742 4779

📲 Viber  /  WhatsApp:  +30 697 742 4779

📧 Email:  terzidislaw@yahoo.gr

Useful Articles on Criminal Law

For further information on criminal procedure, you may also find the following articles published by our law firm useful. They analyse important stages of criminal proceedings and practical issues arising under Greek Criminal Law:

• Involved in a Criminal Case? What You Should Do Immediately

• Criminal Prosecution in Greece: How Criminal Proceedings Begin

• Criminal Law – Domestic Violence Law in Greece

• What Applies to Arrests in Drug-Related Cases in Greece?
  

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

• Understanding the Penalties and Legal Framework for Drug Trafficking in Greece

• Significant Court Victories Achieved by Our Law Firm in Criminal Law Cases