Arrested in Greece? Your Rights During the First 48 Hours
A Practical Guide for Foreign Nationals, Tourists and Business Travellers
Being arrested in a foreign country is often overwhelming. Language barriers, unfamiliar legal procedures and uncertainty about what happens next can create significant stress for both the individual concerned and their family.
The first forty-eight hours following an arrest are often the most important stage of any criminal case. Decisions made during this period may affect the entire course of the proceedings.
This article explains what typically happens after an arrest in Greece and outlines the key rights available under Greek law and the European Convention on Human Rights.
The Moment of Arrest
A person may be arrested in Greece either:
- because they were allegedly caught committing an offence (in flagrante delicto); or
- pursuant to an arrest warrant issued by the competent judicial authority.
The police must identify themselves, inform the individual of the reason for the arrest and record the relevant procedural acts.
In practice, many foreign nationals are surprised to learn that even relatively minor offences may result in arrest if they fall within the Greek autoforo procedure.
The arrest itself does not constitute a finding of guilt. It merely marks the beginning of the criminal process.
What Happens Immediately After the Arrest?
Following arrest, the individual is usually taken to the competent police station.
The authorities will generally:
- verify identity details;
- conduct lawful searches where appropriate;
- register the arrest;
- collect information relevant to the investigation;
- prepare the case file for submission to the Public Prosecutor.
During this stage, individuals are often asked questions regarding the circumstances of the case.
This is frequently the first moment at which legal representation becomes critical.
Do I Have to Answer Police Questions?
Not necessarily.
Under Greek criminal procedure and the broader principle against self-incrimination, suspects are not required to contribute to their own conviction.
Although individuals must provide accurate identification details, they are generally not obliged to answer substantive questions regarding the allegations before receiving legal advice.
Many defendants mistakenly believe that immediate explanations will resolve a misunderstanding. In reality, statements made during the first hours of detention frequently become important evidence later in the proceedings.
For this reason, legal advice should be obtained before making detailed statements.
The Right to a Lawyer
One of the most important rights following arrest is access to legal counsel.
A suspect has the right to:
- consult a lawyer;
- communicate privately with counsel;
- receive legal advice before questioning;
- have a lawyer present during procedural acts where permitted by law;
- challenge procedural irregularities affecting the legality of the proceedings.
The European Court of Human Rights has repeatedly emphasised the importance of early access to legal assistance as a fundamental component of the right to a fair trial.
In practice, the first consultation with a lawyer often determines the overall defence strategy.
What If I Do Not Speak Greek?
Foreign nationals have the right to interpretation and translation assistance.
The authorities must ensure that the arrested person understands:
- the reasons for the arrest;
- the nature of the accusations;
- important procedural documents;
- the rights available under Greek law.
Proceedings conducted without adequate interpretation may give rise to significant procedural and human rights concerns.
Language difficulties should therefore be raised immediately.
Can I Contact My Embassy?
Yes.
Foreign nationals are entitled to communicate with their embassy or consular authorities.
Consular officials may:
- assist with communication;
- help family members obtain information;
- facilitate contact with local lawyers;
- monitor detention conditions.
Although consular authorities cannot interfere with judicial proceedings, their involvement is often valuable in cross-border cases.
How Long Can the Police Hold Me?
Greek law does not permit indefinite police detention.
Under Article 279 of the Greek Code of Criminal Procedure, a person arrested pursuant to the criminal process must be brought before the competent Public Prosecutor without delay and, in principle, within twenty-four hours from the arrest, subject to the time strictly necessary for transportation where applicable.
This is one of the most important safeguards against arbitrary detention.
Appearance Before the Prosecutor
The prosecutor’s review represents the first judicial assessment of the case.
At this stage, the prosecutor may:
- initiate criminal prosecution;
- refer the matter for further investigation;
- release the individual where appropriate;
- refer the case to another competent authority.
The prosecutor does not determine guilt or innocence. Rather, the prosecutor decides whether sufficient grounds exist for the criminal process to continue.
Will I Be Released?
Many arrested individuals are released shortly after appearing before the prosecuting authorities.
Whether release is possible depends on several factors, including:
- the seriousness of the alleged offence;
- criminal history;
- risk of absconding;
- risk of interference with the investigation;
- specific statutory provisions.
Contrary to popular belief, arrest does not automatically lead to pre-trial detention.
Under Greek law, detention before trial constitutes an exceptional measure rather than a form of punishment.
What Happens in Serious Cases?
In felony cases, the suspect may subsequently appear before an Investigating Judge.
After the defence is heard, the judicial authorities may:
- order release without conditions;
- impose restrictive conditions;
- require periodic reporting;
- prohibit departure from the country;
- impose bail where legally available;
- order pre-trial detention where the statutory requirements are satisfied.
The decision must be based on specific legal criteria and cannot be justified solely by the seriousness of the accusation.
Common Mistakes During the First 48 Hours
The most frequent mistakes include:
Making Detailed Statements Without Legal Advice
Individuals often attempt to “explain everything” immediately after arrest. This frequently creates inconsistencies that later become problematic.
Signing Documents Without Understanding Them
Foreign nationals should never sign documents that they cannot read or fully understand.
Assuming the Matter Is Minor
Even apparently minor allegations may carry serious procedural consequences, particularly for non-residents.
Delaying Contact With a Lawyer
Important procedural opportunities may arise immediately after arrest and can be lost if legal representation is not secured promptly.
What Should Family Members Do?
If a relative has been arrested in Greece, family members should:
- identify the place of detention;
- obtain information regarding the competent authority;
- arrange legal representation as soon as possible;
- provide lawyers with any relevant documents or information;
- contact the relevant embassy where appropriate.
Early intervention often proves decisive.
Practical Advice
If you are arrested in Greece:
- Remain calm and cooperative.
- Request legal representation immediately.
- Exercise caution before making substantive statements.
- Request an interpreter if needed.
- Inform the authorities if you wish to contact your embassy.
- Do not sign documents you do not understand.
- Ensure that family members are informed of your situation.
Conclusion
The first forty-eight hours following an arrest are often the most important stage of a criminal case. Although Greek law provides significant procedural safeguards, those safeguards are most effective when exercised promptly and with proper legal assistance.
An arrest does not mean that a person will be convicted, detained pending trial or extradited. However, the decisions made during the initial stages of the proceedings may have lasting consequences.
For foreign nationals facing criminal proceedings in Greece, obtaining experienced legal representation at the earliest possible opportunity is often the most effective way to protect their rights and interests.
About the Authors
Karydas – Fouskarinis & Associates represents Greek and international clients in criminal investigations, arrests, extradition proceedings, European Arrest Warrant cases, INTERPOL matters and complex cross-border criminal litigation before Greek courts.