When Is a Person Required to Appear Before an Investigating Judge?
When Is a Person Required to Appear Before an Investigating Judge?
When is a person required to appear before an Investigating Judge in Greece? What is the procedure for the main investigation, when is the accused summoned to give a statement, and what decisions may be made upon its completion?
Being brought before an Investigating Judge is one of the most critical stages of criminal proceedings. Confusion often arises as to when and why a person is summoned to appear before an Investigating Judge, as well as the significance of the accused's statement within the criminal case file.
In this article, we examine when a main investigation is conducted, in which cases the accused is summoned to give a statement, what rights they have during the proceedings, and what decisions may be made following their statement.
What Is an Investigating Judge and What Is Their Role in Criminal Proceedings?
An Investigating Judge is a judicial officer responsible for conducting the main investigation in specific categories of criminal cases, in accordance with the provisions of the Greek Code of Criminal Procedure.
The main investigation constitutes a stage of the pre-trial proceedings and aims to examine the case, collect and assess evidence, and establish the circumstances under which the alleged criminal offence was committed.
The Investigating Judge examines the evidence contained in the criminal case file, carries out the necessary investigative procedures and summons the accused to give a statement, thereby providing them with the opportunity to present their position and identify the evidence and arguments supporting their defence.
It should be noted that the Investigating Judge does not make a final determination as to the guilt or innocence of the accused. The determination of the criminal charge falls within the jurisdiction of the competent court.
When Is a Person Required to Appear Before an Investigating Judge?
A person is summoned to appear before an Investigating Judge when criminal proceedings have been initiated and the competent public prosecutor has ordered the conduct of a main investigation, subject to the conditions laid down by the Greek Code of Criminal Procedure.
More specifically, the Public Prosecutor orders the conduct of a main investigation:
In cases involving felonies
In cases involving misdemeanours for which pre-trial detention may be imposed
Therefore, appearing before an Investigating Judge is not limited exclusively to felony cases. It may also concern specific cases involving misdemeanours.
In practice, this procedure usually concerns criminal cases of increased seriousness, such as serious drug-related offences, homicide, robbery and other offences prosecuted as felonies.
Important clarification: The initiation of criminal proceedings does not automatically mean that a person will be required to appear before an Investigating Judge. The statutory requirements for conducting a main investigation must be met. In felony cases, a main investigation is mandatory.
What Is a Statement Before an Investigating Judge?
A statement before an Investigating Judge involves the examination of the accused by the Investigating Judge within the framework of the main investigation. It is a particularly important stage of criminal proceedings, during which the accused is informed of the offence attributed to them and is invited to present their position regarding the charge.
During the statement:
The accused is clearly informed of the offence they are charged with
They have the opportunity to present their defence arguments
They may identify evidence and other material they consider relevant to their defence
They have the right to submit a written defence memorandum
They may exercise their right to remain silent and refuse to answer questions
Giving a statement is not merely a formal procedural step. A careful examination of the criminal case file and proper preparation of the defence are particularly important, since the arguments presented at this stage may influence the subsequent course of the case.
Is Giving a Statement Before an Investigating Judge Mandatory?
When the accused is lawfully summoned to appear before an Investigating Judge, they are required to respond to the summons in accordance with the provisions of criminal procedure.
However, this does not mean that they are obliged to answer questions or make statements that may adversely affect their position. The accused has the right to remain silent and the right not to incriminate themselves, and may also submit a written statement in their defence.
Accordingly, a distinction must be drawn between the obligation to appear before an Investigating Judge and the accused's right not to answer questions when giving their statement.
What Decisions May Be Made After Giving a Statement Before an Investigating Judge?
Following the accused's statement, it is examined whether the statutory requirements for imposing any procedural coercive measure are met or whether the accused should be released.
More specifically, the following decisions may be made:
The accused may be released without the imposition of any restrictive conditions
The accused may be released subject to restrictive conditions, such as an obligation to report to a police station, a travel ban preventing them from leaving the country, or other restrictions provided for by law
House arrest with electronic monitoring may be imposed, provided that the statutory requirements are met
Pre-trial detention may be ordered, provided that the strict statutory requirements are satisfied
Pre-trial detention is an exceptional measure and is not imposed automatically on account of the seriousness of the charge. The law establishes specific requirements and requires a special and reasoned justification. Its imposition also requires the prior written consent of the Public Prosecutor.
Furthermore, the assessment of the measures to be imposed must comply with the principle of proportionality and the order of priority established by law.
What Should a Person Know Before Giving a Statement Before an Investigating Judge?
Giving a statement is one of the most important stages of criminal proceedings and requires thorough preparation.
Before appearing before an Investigating Judge, it is important to have carefully examined the criminal case file in order to assess the available evidence, witness statements and factual circumstances relating to the charge.
Among other rights, the accused is entitled to access the material contained in the criminal case file and to be assisted by legal counsel when giving their statement.
The assistance of a criminal defence lawyer is important for assessing the legal issues involved, preparing the defence arguments and ensuring that the accused's rights are properly exercised.
Preparation is particularly important in drug-related cases, where the assessment of the factual circumstances, the type and quantity of the substances involved, as well as the role attributed to each person concerned, may be decisive in determining the legal classification of the alleged offence.
What Do We Commonly Encounter in Practice When an Accused Gives a Statement Before an Investigating Judge?
In practice, the stage at which the accused gives their statement is crucial to the development of criminal proceedings, as it provides an opportunity for the accused to address the charge and present their defence arguments in an organised manner.
Key issues frequently concern the assessment of the evidence, the credibility of witness statements, whether or not specific indications of guilt exist, and the role attributed to the accused.
In drug-related cases, for example, it may be necessary to examine whether the factual circumstances indicate drug trafficking or another form of conduct covered by drug legislation. This assessment is not made in isolation but on the basis of all the evidence contained in the criminal case file and the specific circumstances of each case.
For this reason, proper preparation of the accused's statement and a comprehensive assessment of the evidential material are of particular importance.
Frequently Asked Questions About Giving a Statement and Appearing Before an Investigating Judge
1. When Is a Person Summoned to Give a Statement Before an Investigating Judge?
A person is summoned to give a statement when criminal proceedings have been initiated and the competent Public Prosecutor has ordered the conduct of a main investigation, in accordance with the statutory requirements.
The summons is addressed to the accused and specifies the offence in respect of which they are required to give a statement.
2. Are All Criminal Cases Referred to an Investigating Judge?
No. A main investigation is not provided for in all criminal cases. It concerns felonies and specific categories of misdemeanours, where the procedural requirements laid down by law are met.
3. If Criminal Proceedings Are Initiated Against Me, Does That Mean I Will Have to Appear Before an Investigating Judge?
Not necessarily. The initiation of criminal proceedings does not automatically entail the conduct of a main investigation.
The subsequent procedure depends on the legal classification of the alleged offence and the specific requirements laid down by the Greek Code of Criminal Procedure.
4. Can I Refuse to Give a Statement Before an Investigating Judge?
The accused has the right to remain silent and is not obliged to answer the questions put to them. They may also submit a written statement in their defence.
This right should not be confused with a right to disregard a lawful summons to appear before an Investigating Judge.
5. Is the Presence of a Lawyer Mandatory When Giving a Statement?
The accused has the right to be assisted by legal counsel when giving their statement. Legal representation is particularly important for the proper preparation of the defence.
6. Can Pre-Trial Detention Be Imposed Immediately After Giving a Statement?
Yes, provided that the strict statutory requirements are met. Pre-trial detention is not an automatic consequence of giving a statement or of the seriousness of the charge.
The requirements of the Greek Code of Criminal Procedure must be satisfied, a specific and reasoned justification must be provided, and the prior written consent of the Public Prosecutor is required.
7. Can I Be Released After Giving a Statement Before an Investigating Judge?
Yes. Following the statement, the accused may be released without any restrictive conditions.
Depending on the evidence and the circumstances of the case, restrictive conditions or other measures provided for by law may also be imposed.
8. What Happens If Someone Fails to Appear Before an Investigating Judge?
Failure of the accused to appear following a lawful summons may have procedural consequences. Depending on the circumstances and the statutory requirements, a warrant for compulsory appearance may be issued or the conditions for issuing an arrest warrant may be met.
For this reason, a lawful summons should never be ignored.
9. Does the Investigating Judge Decide Whether I Am Guilty or Innocent?
No. The Investigating Judge conducts the main investigation and examines the case but does not make a final determination as to the guilt or innocence of the accused.
The determination of the criminal charge falls within the jurisdiction of the competent court.
Related Articles on Criminal Proceedings and Giving a Statement Before an Investigating Judge
In this section, we have gathered informative articles concerning criminal proceedings, the rights of the accused and important legal issues that may arise during the investigation and trial of a criminal case.
Through the following articles, you can find more detailed information about:
Legal Representation in Cases at the Investigation Stage
Giving a statement before an Investigating Judge is one of the most critical stages of criminal proceedings and requires thorough legal preparation and careful examination of the criminal case file. Our law firm in Thessaloniki handles criminal law cases, with particular emphasis on drug-related offences, providing legal representation at every stage of criminal proceedings.
Handling a criminal case requires substantial knowledge of criminal procedure, careful examination of the evidence and appropriate preparation at every stage. Seeking legal assistance at an early stage can contribute to a more comprehensive assessment of the case and the proper organisation of the defence strategy.
Our law firm has been practising in the field of Criminal Law since 2010, with particular involvement in criminal cases and 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.
Having served for many years as a member of the team of lawyers at KETHEA (Therapy Centre for Dependent Individuals), handling cases involving drug legislation and broader issues of Criminal Law, he has acquired extensive courtroom experience in this particular area of law.
Contact a Criminal Defence Lawyer for Representation Before an Investigating Judge 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. Contacting a lawyer who regularly practises Criminal Law at an early stage can help you better understand the proceedings and prepare the appropriate defence measures.
Early preparation before giving a statement or attending other critical procedural stages is particularly important, depending on the progress of the case.
For legal assistance concerning your case, you can contact us:
