Can I Travel While Criminal Proceedings Are Pending?
Can I Travel While Criminal Proceedings Are Pending?
Can a person travel abroad while criminal proceedings are pending in Greece? What restrictive conditions may be imposed, and when is leaving the country prohibited?
The fact that criminal proceedings are pending does not automatically restrict a person's freedom of movement. However, in certain circumstances, restrictive conditions may be imposed that affect the person's ability to travel, particularly abroad.
A prohibition on leaving the country is one of the restrictive conditions that may be imposed in the context of criminal proceedings, provided that the statutory requirements are met.
In this article, we examine when travel is permitted, under what circumstances leaving the country may be prohibited, what applies to travel within Greece, and how a request may be submitted for the lifting or modification of a restrictive condition.
Can I Travel While Criminal Proceedings Are Pending?
As a general rule, the fact that criminal proceedings are pending does not automatically deprive the accused of their right to freedom of movement, nor does it mean that travelling abroad is prohibited.
However, the ability to travel may be restricted if specific restrictive conditions or other measures affecting the person's freedom of movement have been imposed.
Particular importance should be attached to the contents of the relevant judicial or prosecutorial order, as well as the stage of the criminal proceedings.
Therefore, before undertaking any journey, it is important to establish whether any restrictive conditions are currently in force and to determine their exact scope.
What Is a Prohibition on Leaving the Country?
A prohibition on leaving the country is a restrictive condition that may be imposed on an accused person in the context of criminal proceedings, provided that the statutory requirements are met.
Once this condition has been imposed, the accused is not permitted to travel outside Greece for as long as the restriction remains in force.
The purpose of restrictive conditions is, among other things, to ensure the accused's presence throughout the investigation and judicial proceedings, as well as to prevent the risk of further criminal offences being committed.
A prohibition on leaving the country is not automatically imposed in every criminal case. It is a specific procedural measure that must be justified by the circumstances of the case and satisfy the requirements established by law.
When Can a Prohibition on Leaving the Country Be Imposed?
A prohibition on leaving the country may be imposed during the pre-trial stage of criminal proceedings, provided that the statutory requirements for imposing restrictive conditions are met.
When assessing whether such a measure is necessary, factors relating to both the case and the accused are taken into consideration.
More specifically, the following factors may be taken into account:
The existence of serious indications of guilt in relation to the alleged criminal offence
The specific circumstances of the case and the need to ensure the accused's presence before the competent judicial authorities
Any indications or specific circumstances suggesting a risk of flight
The need to prevent the commission of further criminal offences
The imposition of restrictive conditions cannot be based solely on the seriousness of the charge. The statutory requirements must be satisfied, and the necessity of the specific measure must be duly justified.
Furthermore, a prohibition on leaving the country may be imposed independently or in combination with other restrictive conditions, depending on the circumstances of each case.
Can I Travel Within Greece While Criminal Proceedings Are Pending?
Yes. As a general rule, the fact that criminal proceedings are pending does not prevent a person from travelling within Greece.
A prohibition on leaving the country concerns travel abroad and does not, in itself, prohibit movement within Greek territory.
However, it is necessary to examine whether any other restrictive conditions have also been imposed, such as a prohibition on visiting or residing in a specific location.
Therefore, the ability to travel within Greece also depends on the exact scope of any restrictions that may have been imposed on the accused.
What applies to Travel Abroad while Criminal Proceedings are pending?
The ability to travel abroad primarily depends on whether a restrictive condition prohibiting departure from the country has been imposed or whether another active judicial restriction exists that prevents the person from travelling.
More specifically, before travelling abroad, it is necessary to establish whether:
A prohibition on leaving the country has been imposed
Other restrictive conditions exist that affect the person's ability to travel or reside abroad
An active judicial order or other lawful restriction exists that prevents departure
There is an obligation to appear before an investigating, prosecutorial or judicial authority on a specific date.
The mere existence of criminal proceedings is not sufficient, in itself, to prohibit a person from travelling. Equally, however, being unaware of the existence of restrictive conditions does not mean that such conditions are not in force.
For this reason, it is important to check the procedural status of the case and any relevant decisions that may have been issued before departing from the country.
Can a Prohibition on Leaving the Country Be Lifted or Modified?
Yes. Subject to specific statutory requirements, the accused may request the lifting or replacement of the restrictive conditions imposed on them, including a prohibition on leaving the country.
The relevant request is examined by the competent judicial authority, depending on the stage of the criminal proceedings and the jurisdiction established by law.
When assessing such a request, factors that may be taken into consideration include:
The length of time the restrictive conditions have been in force
The accused's compliance with their obligations up to that point
The progress of the criminal proceedings
The existence of specific guarantees that the accused will continue to comply with their obligations towards the judicial authorities.
The lifting or modification of a restrictive condition is not automatic. A relevant application must be submitted and assessed on the basis of the facts and circumstances of the particular case.
Important: Simply submitting an application for the lifting or modification of a restrictive condition does not mean that the accused is permitted to travel before the relevant decision is issued. The existing restriction remains in force unless and until it is duly lifted or modified by the competent authority.
What Do We Commonly Encounter in Practice in Cases Involving a Prohibition on Leaving the Country?
In practice, many accused persons are unaware of whether restrictive conditions have been imposed on them, what their exact scope is, or whether they remain in force.
This issue becomes particularly important when a person intends to travel abroad for professional, family or other personal reasons.
In certain cases, the accused may believe that the prohibition on leaving the country has ceased to apply because a considerable period of time has passed since it was imposed or because the circumstances of the criminal case have changed.
However, the passage of time or changes in certain factual circumstances do not automatically result in the lifting of a restrictive condition.
Furthermore, the imposition, modification or lifting of a prohibition on leaving the country is also linked to the notification of the competent police authorities and the corresponding registration or removal of the relevant administrative restriction.
For this reason, before undertaking a planned journey, it is essential to have checked both the judicial status of the case and whether any prohibition on leaving the country remains in force.
Frequently Asked Questions About Travelling While Criminal Proceedings Are Pending
1. Can I Travel Abroad If Criminal Proceedings Are Pending Against Me?
Yes. As a general rule, the fact that criminal proceedings are pending does not automatically prohibit travel abroad.
However, if restrictive conditions or other judicial restrictions prohibiting departure from the country have been imposed, travelling is not permitted for as long as those restrictions remain in force.
2. Can I Travel Before My Court Hearing If I Have a Scheduled Court Date?
The fact that a court hearing has been scheduled does not, in itself, prohibit travel. However, the accused must comply with their obligations towards the court and ensure their presence whenever required.
It is also necessary to establish whether any restrictive conditions are currently in force.
3. How Can I Find Out Whether a Prohibition on Leaving the Country Has Been Imposed on Me?
The existence of a prohibition on leaving the country must be verified by examining the relevant judicial or prosecutorial orders and the procedural status of the criminal case.
Examining the criminal case file and contacting the competent authorities through the appropriate procedure may help establish whether an active restriction exists.
4. Can I Travel Within Greece If a Prohibition on Leaving the Country Has Been Imposed on Me?
Yes. A prohibition on leaving the country concerns travel abroad and does not, in itself, prohibit movement within Greece. However, other restrictive conditions may also apply and must be examined separately.
5. Can I Request Permission to Travel Abroad If I Am Subject to a Prohibition on Leaving the Country?
An application may be submitted requesting the lifting or modification of the restrictive condition, depending on the circumstances and the stage of the criminal proceedings.
The application must be duly reasoned and assessed by the competent authority. Until a relevant decision is issued, the prohibition remains in force.
6. Can a Prohibition on Leaving the Country Be Lifted Before the Trial?
Yes. Subject to the statutory requirements, the lifting or replacement of restrictive conditions may be requested even before the case is heard by the court.
The decision depends on the circumstances of the case and the assessment of the competent judicial authority.
7. What Happens If I Attempt to Travel While Subject to a Prohibition on Leaving the Country?
If an active prohibition on leaving the country is in force, departure from Greece is not permitted. Breaching restrictive conditions may have serious procedural consequences and, subject to the statutory requirements, may even result in their replacement by a more severe measure, such as pre-trial detention.
8. Does a Prohibition on Leaving the Country Remain in Force After a Long Period of Time?
The passage of time does not automatically result in the lifting of a prohibition on leaving the country. It must be established whether a subsequent decision has been issued modifying or lifting the specific restrictive condition and whether the required procedure for notifying the competent authorities has been completed.
9. Can I Travel for Professional or Family Reasons If I Am Subject to Restrictive Conditions?
Professional, family or other serious personal reasons may be put forward in support of an application for the lifting or modification of restrictive conditions.
However, the existence of such reasons does not automatically remove the prohibition on leaving the country. An assessment by the competent authority and the issuance of a relevant decision are required.
Legal Assistance in Cases Involving Restrictive Conditions and Prohibitions on Leaving the Country
Restrictive conditions and travel restrictions require careful legal assessment, as they directly affect the personal liberty of the accused and their ability to travel within or outside the country.
Addressing such matters requires an examination of the criminal case file, an assessment of the decisions that have been issued and an investigation of the legal options available for lifting or modifying the restrictive conditions.
Our law firm in Thessaloniki has been practising systematically in the field of Criminal Law since 2010, providing legal assistance in criminal cases, with particular emphasis on drug-related offences.
Attorney at the Supreme Court (Areios Pagos) Christos Terzidis, criminal defence lawyer and Doctor of Law from Aristotle University of Thessaloniki, specialising in drug-related matters, has extensive experience in handling criminal cases and representing accused persons before the competent judicial authorities.
Contact a Criminal Defence Lawyer in Thessaloniki
Every criminal case has its own particular characteristics and requires an individual assessment of the factual circumstances and the evidence contained in the criminal case file.
If a prohibition on leaving the country or another restrictive condition has been imposed on you, it is important to have its scope and current validity examined without delay, as well as the legal options available for its lifting or modification.
For legal assistance concerning your case, you can contact our law firm in Thessaloniki on 6977424779 or find us on Viber and WhatsApp using the same number.
You may also send any relevant available material by email to terzidislaw@yahoo.gr , so that it can be assessed as part of our communication.
