Under Investigation in Greece: What Are Your Rights?
A Practical Guide for Individuals Facing Criminal Investigations in Greece
Many people associate criminal proceedings with arrest, detention or trial. In reality, most criminal cases begin much earlier, during the investigation stage.
Whether you have received a summons from a prosecutor, a request to provide explanations, or information that you are being investigated by the authorities, understanding your procedural rights is essential.
In many cases, the investigation stage is where the outcome of a case is effectively determined. Early legal intervention may prevent prosecution, limit exposure, or identify procedural defects before they become irreversible.
This guide explains the principal rights of individuals who are under criminal investigation in Greece.
What Does It Mean to Be “Under Investigation”?
A person is considered to be under investigation when the authorities are examining whether sufficient evidence exists to support criminal charges.
Investigations may be conducted in various forms, including:
- preliminary examination (prokatarktiki exetasi);
- police investigation;
- prosecutorial investigation;
- judicial investigation before an Investigating Judge.
At this stage, the authorities gather evidence, examine witnesses, obtain documents, and assess whether criminal prosecution should be initiated.
Importantly, being under investigation does not mean that a person has been charged or found guilty of any offence.
How Will I Learn That I Am Being Investigated?
In some cases, individuals become aware of an investigation only when they receive:
- a summons to provide explanations;
- a request to appear before the authorities;
- notice of investigative measures;
- a summons from an Investigating Judge;
- information that their bank accounts, assets or communications are being examined in connection with a criminal case.
Particularly in financial crime, fraud, tax and money laundering investigations, the investigation may have been ongoing for months before the individual becomes aware of it.
The Right to Be Informed of the Allegations
One of the most important procedural safeguards is the right to know the subject matter of the investigation.
Where a specific person is suspected of committing a criminal offence, Greek criminal procedure generally requires that the suspect be invited to provide explanations before prosecution is initiated.
The authorities must identify the alleged offence and provide sufficient information to enable the suspect to prepare a defence.
The right to information is also protected by Article 6 of the European Convention on Human Rights and the relevant European Union procedural rights framework.
The Right to a Lawyer
A person under criminal investigation has the right to be assisted by legal counsel.
This right applies long before any trial takes place.
A lawyer may:
- review procedural developments;
- advise on defence strategy;
- prepare written explanations;
- identify procedural violations;
- accompany the client during procedural acts where permitted by law;
- communicate with the authorities on the client’s behalf.
One of the most common mistakes made by suspects is waiting until formal charges have already been filed before seeking legal advice.
In practice, the investigation stage is often the most important opportunity to influence the direction of the case.
The Right to Remain Silent
Greek criminal procedure recognises the privilege against self-incrimination.
A suspect is not required to contribute to his or her own conviction.
This means that an individual generally has the right:
- not to answer substantive questions;
- not to make self-incriminating statements;
- not to produce evidence against himself or herself.
The exercise of this right cannot be treated as proof of guilt.
The decision whether to provide explanations, submit written observations, or remain silent should always be made after obtaining legal advice.
Summoned to Provide Explanations: What Should I Do?
Many investigations begin with a formal invitation to provide explanations (anomoti katathesi).
This is often the first indication that criminal liability is being considered.
A summons should never be ignored.
The recipient should immediately:
- review the allegations;
- obtain legal representation;
- assess the available evidence;
- prepare a defence strategy;
- determine whether written submissions should be filed.
In many cases, carefully prepared written explanations become an important part of the defence record.
Conversely, poorly considered statements may create evidentiary difficulties that persist throughout the proceedings.
Do I Have Access to the Case File?
Access to the case file depends on the procedural stage and the nature of the investigation.
Unlike a defendant facing trial, a suspect at the preliminary investigation stage may not always enjoy unrestricted access to all materials gathered by the authorities.
However, defence rights require that sufficient information be disclosed to permit effective participation in the proceedings and meaningful exercise of defence rights.
The precise scope of access frequently becomes a significant issue in complex economic crime and corruption investigations.
Can My Home or Office Be Searched?
Potentially, yes.
Greek law permits searches and seizures under specific legal conditions.
Depending on the circumstances, investigators may:
- search premises;
- seize documents;
- examine computers and electronic devices;
- collect digital evidence.
Such measures must comply with statutory requirements and constitutional safeguards protecting privacy and property rights.
Evidence obtained in violation of procedural guarantees may become subject to legal challenge.
What About My Bank Accounts and Assets?
In financial crime investigations, authorities may seek measures affecting property and financial assets.
These may include:
- freezing of bank accounts;
- restrictions affecting real estate;
- seizure of movable property;
- preservation measures intended to secure potential confiscation or compensation claims.
Such measures often arise in investigations involving:
- money laundering;
- fraud;
- corruption;
- tax offences;
- organised crime.
Because these restrictions can have immediate commercial and personal consequences, early legal assessment is frequently essential.
Can I Travel While the Investigation Is Pending?
In many cases, yes.
However, restrictions may be imposed depending on the stage of the proceedings and the seriousness of the allegations.
Potential measures include:
- reporting obligations;
- travel restrictions;
- prohibition on leaving Greece;
- other restrictive conditions authorised by law.
The existence of an investigation alone does not automatically prevent travel.
Each case must be assessed individually.
Can the Investigation End Without Charges?
Absolutely.
A criminal investigation does not necessarily lead to prosecution.
Possible outcomes include:
- dismissal of the allegations;
- archival of the case file;
- termination of the investigation;
- prosecution for a different offence;
- initiation of formal criminal charges.
An effective defence during the investigation stage may significantly increase the likelihood of a favourable outcome.
Common Mistakes Made by Suspects
Ignoring a Summons
Failure to respond may create procedural complications and deprive the individual of an important opportunity to present their position.
Speaking to Investigators Without Preparation
Unstructured explanations often generate inconsistencies that later become difficult to address.
Assuming That No Action Is Required Because No Charges Have Been Filed
Many cases are effectively shaped long before formal prosecution begins.
Waiting Too Long to Seek Legal Advice
Delays frequently result in lost opportunities to challenge investigative measures or present exculpatory material.
Practical Advice
If you learn that you are under criminal investigation in Greece:
- Do not panic.
- Obtain legal advice immediately.
- Preserve relevant documents and communications.
- Avoid discussing the case with third parties.
- Carefully review any summons or procedural document received.
- Develop a defence strategy before providing explanations.
Early intervention is often the most effective form of defence.
Conclusion
The investigation stage is one of the most important phases of Greek criminal proceedings. It is during this period that evidence is gathered, allegations are assessed and crucial procedural decisions are made.
Being under investigation does not mean that criminal charges will follow. However, it does mean that the authorities are actively evaluating potential criminal liability.
Understanding and exercising procedural rights from the outset is essential. In many cases, the quality of the defence during the investigation stage will shape everything that follows.
About the Authors
Karydas – Fouskarinis & Associates advises Greek and international clients in criminal investigations, white-collar crime matters, fraud, money laundering cases, extradition proceedings and cross-border criminal litigation before Greek courts.