Details

Grécia - Autoridade central (Art. 2) e informações práticas

Central Authority(ies):

Hellenic Ministry of Justice, Transparency & Human Rights

 

Contact details:
Address: Hellenic Ministry of Justice, Transparency & Human Rights
Directorate of Legislative Work, International Legal Relations and International Judicial Cooperation,
Department of International Judicial Cooperation in Civil and Criminal Cases
96 Mesogeion Av.
Athens 11527
Greece
Telephone: +30 213 130 7322, +30 213 130 7312
Fax: +30 213 130 7499
E-mail: gkouvelas@justice.gov.gr, avasilopoulou@justice.gov.gr, civilunit@justice.gov.gr
General website: www.ministryofjustice.gr
Contact person: Mr. George Kouvelas, Mrs. Athanasia Vasilopoulou
Languages spoken by staff: Greek, English

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)
Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)
Transmission of Letters of Requests:

Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Central Authority.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. See Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.
Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into Greek.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Greece has not sought reimbursement of costs under Art. 14(2).
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).
Time for execution:

No information available.
Art 23 pre-trial discovery of documents:

Letter of Request will not be executed (full exclusion).
Information about domestic rules on the taking of evidence: 

European Judicial Network in Civil or Commercial Matters - Greece.

Witness examination under Chapter I
Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

A list of specific questions must be included.
Is it a public or private hearing?

Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No, the Request will simply be rejected.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.
Are documents produced by the witness authenticated by the court?

Yes.
Is an oath generally administered to the witness?

Yes.
Can the witness be made subject to further examination and recall?

Yes but a second request is necessary.
Are there sanctions for non-appearance of witness?

Provided that the witness was legitimately summoned to appear before the court, depending on the case, the court orders either for the police to bring the non-appearing witness by force or to condemn the witness to pay a fine from 15 up to 150 Euros for non-appearance.
Must interpreters who assist with the witness examination be court-certified?

No.
How is the testimony transcribed?

The testimony is transcribed by an appointed judicial secretary.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15

Applicable.
Article 16

Applicable.
Article 17

Applicable.
Article 18

Applicable. See conditions.

Taking of evidence by video-links
(under either chapter) 

Chapter I
Are there legal obstacles to the use of video links?

No. Our State bases the use of video-link on the functional development and medium neutral interpretation of the Convention in light of modern technologies.
Technology used:

No information available.
Level of interpretation required:

No information available.
Simultaneous or in sequence interpretation:

No information available.
Interpretation required in which jurisdiction?

No information available.
Who pays for the interpretation?

No information available.
How would a request for evidence be handled if witness not willing?

No information available.

Chapter II
Are there legal obstacles to the use of video links?

No. Our State bases the use of video-link on the functional development and medium neutral interpretation of the Convention in light of modern technologies.
Technology used:

No information available.
Level of interpretation required:

No information available.
Simultaneous or in sequence interpretation:

No information available.
Interpretation required in which jurisdiction?

No information available.
Who pays for the interpretation?

No information available.
Bilateral or multilateral agreements

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.
Useful links:

 

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