Referral for Trial in Greece: When Is a Judicial Council Decision Issued and How Does a Criminal Case Proceed to Court?
What referral for trial means, when a judicial council decision is issued, and the main stages leading to the trial of a criminal case
Referral for trial is an important stage in criminal proceedings, as it marks the transition from the pre-trial stage to the examination of the case by the competent court. Where a formal judicial investigation has taken place, the evidence gathered during that investigation is assessed to determine whether the legal requirements for referring the accused for trial are met.
The relevant decision depends on the procedure applicable to the case and its specific circumstances. Where a judicial council decision is required, the competent judicial council examines the case file and the relevant legal issues before deciding how the proceedings should continue.
What Does Referral for Trial Mean?
Referral for trial is the procedural step by which a criminal case is brought before the competent court for trial, provided that the statutory requirements are met. In cases subject to the procedure for issuing a judicial council decision, the judicial council examines the evidence contained in the case file and determines whether the case should proceed to trial.
Referral for trial does not amount to a conviction. It means that the case will be examined by a court in relation to the charges brought against the accused.
When Is a Criminal Case Referred for Trial?
When a criminal case is referred for trial depends on the nature of the case and the procedure prescribed for its adjudication. Where a decision by a judicial council is required, the council examines whether the evidence in the case file provides sufficient indications to justify referring the accused for trial.
The following steps will generally have taken place beforehand:
The institution of criminal proceedings
The conduct of a formal judicial investigation, where required
The collection and assessment of the evidence
The submission of a prosecutor's written proposal to the competent judicial council, in cases where the law so provides
The final decision is reached after the evidence contained in the case file has been assessed as a whole.
To better understand the earlier stages of criminal proceedings, you can also read the relevant articles published by our law firm:
What Is a Judicial Council Decision?
A judicial council decision (voulefma) is a decision issued by the competent judicial council during the pre-trial stage, in cases where the law provides for this procedure.
Depending on the circumstances of the case and the applicable legal requirements, the judicial council may decide to:
Refer the accused to the competent court for trial
Discontinue the criminal proceedings, where the relevant legal requirements are met
Decline to refer the case for trial where the required indications are lacking or another legal ground applies
The judicial council bases its decision on the evidence contained in the case file and the applicable legal framework.
The Role of the Prosecutor's Proposal in the Issuing of a Judicial Council Decision
Before the judicial council issues its decision, the competent prosecutor submits a written proposal to the council in accordance with the prescribed procedure.
This proposal assesses the facts of the case, the available evidence and the relevant legal issues, and sets out the prosecutor's position on how the proceedings should continue.
The prosecutor's proposal is an important procedural stage, but it does not bind the judicial council in reaching its final decision. The council independently assesses the evidence and decides within the scope of its legal powers.
How Does the Criminal Case File Affect the Decision to Refer a Case for Trial?
The criminal case file provides the principal evidential basis on which the judicial authorities reach their decision.
Witness statements, the accused's statements during questioning, documents, expert reports, digital data and any other relevant evidence are assessed to determine whether sufficient indications exist to justify referring the case for trial.
For this reason, a careful examination of the case file and a thorough assessment of the evidence are particularly important when preparing the defence and determining the appropriate legal steps.
Why Is Referral for Trial a Critical Stage of Criminal Proceedings?
Referral for trial is an important stage in criminal proceedings because it determines whether the case will be examined by the competent court, subject to the applicable legal requirements.
For the accused, this stage is particularly significant. The assessment of the case file and the preparation of the defence may substantially affect how the case is addressed during the subsequent stages of the proceedings.
Frequently Asked Questions About Referral for Trial
1. Does Referral for Trial Mean That the Accused Is Guilty?
No. Referral for trial does not constitute a finding of guilt. It is a procedural decision that the case should be examined by the competent court.
2. Who Decides Whether a Case Should Be Referred for Trial?
Where the applicable procedure requires a judicial council decision, the competent judicial council determines whether the case should proceed to trial by issuing the relevant decision.
3. Can a Criminal Case Be Discontinued Without Going to Trial?
Yes. Depending on the evidence contained in the case file and the applicable legal requirements, a judicial council decision may result in the case not proceeding to trial.
4. Is the Prosecutor's Proposal Binding on the Judicial Council?
No. The prosecutor's proposal sets out the prosecutor's position on the case, but it does not bind the judicial council.
The council assesses the evidence contained in the case file and reaches its own decision within the scope of its legal powers.
5. How Long Does It Take for a Judicial Council Decision to Be Issued?
There is no fixed timeframe that applies to every case.
The time required depends, among other factors, on the nature and complexity of the case, the stage reached in the proceedings and the workload of the competent judicial authorities.
6. What Happens After a Case Is Referred for Trial?
Following referral for trial, the procedural steps required to bring the case before the competent court and proceed with the examination of the charges are taken.
The next steps depend on the applicable procedure and the specific circumstances of the case.
Specialist Legal Assistance in Criminal and Drug Offence Cases
Handling a criminal case requires substantial knowledge of criminal procedure, a careful assessment of the evidence and appropriate preparation at every stage. Early assistance from a lawyer can help the accused understand the available options and organise their defence more effectively.
Our law firm in Thessaloniki has been actively practising in the field of Criminal law since 2010, with a particular focus on criminal cases and drug offences. We have extensive knowledge of this area of law and significant courtroom experience in handling criminal cases, providing legal assistance from the earliest stages of the proceedings through to trial before the competent courts.
Christos Terzidis, a lawyer admitted to practise before the Supreme Court of Greece (Areios Pagos), criminal defence lawyer and Doctor of Law at Aristotle University of Thessaloniki, specialising in drug-related law, has extensive experience representing individuals undergoing treatment through his participation in KETHEA's team of lawyers. His work has included cases involving drug legislation and broader issues of criminal law.
Contact a Criminal Defence Lawyer in Thessaloniki
Every criminal case has its own particular circumstances and requires an individual assessment of the facts and the evidence contained in the case file. Contacting a lawyer who regularly practises criminal law at an early stage can help the accused better understand the proceedings and prepare the appropriate defence strategy.
Early preparation before questioning or other critical procedural stages may be particularly important, depending on how the case develops.
For legal assistance in relation to your case, you can contact our law firm in Thessaloniki:
Telephone: 6977424779
Viber / WhatsApp: 6977424779
Email: terzidislaw@yahoo.gr
You may also send us documents and other relevant material by email so that they can be reviewed as part of our initial communication.
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