Constitution of the Hellenic Republic (1975, as amended 2008) (excerpts related to Fair Trial (Right to a)) (English)



Article 6
1. No person shall be arrested or imprisoned
without a reasoned judicial warrant which
must be served at the moment of arrest or detention pending trial,
except when caught in
the act of committing a crime.
2. A person who is arrested in the act of committing
a crime or on a warrant shall be brought
before the competent examining magistrate within
twenty-four hours of his arrest at the latest;
should the arrest be made outside the seat of the
examining magistrate, within the shortest time
required to transfer him thereto. The examining
magistrate must, within three days from the day
the person was brought before him, either release
the detainee or issue a warrant of imprisonment.
Upon application of the person brought before
him or in case of force majeure confirmed by
decision of the competent judicial council, this
time-limit shall be extended by two days.
3. Should either of these time-limits elapse
before action has been taken, any warden or
other officer, civil or military servant, responsible
for the detention of the arrested person
must release him immediately. Violators shall
be punished for illegal detention and shall be
liable to restore any damage caused to the sufferer
and to pay him a monetary compensation
for pain and suffering, as specified by law.
** 4. The maximum duration of detention
pending trial shall be specified by law; such
detention may not exceed a period of one year
in the case of felonies or six months in the case
of misdemeanours. In entirely exceptional cases,
these maximum limits may be extended by
six or three months respectively, by decision of
the competent judicial council.
It is prohibited to exceed these maximum
limits of detention pending trial, by successively
applying this measure to separate acts of the
same case.

Article 7
1. There shall be no crime, nor shall punishment
be inflicted unless specified by law in
force prior to the perpetration of the act, defining
the constitutive elements of the act. In no
case shall punishment more severe than that
specified at the time of the perpetration of the
act be inflicted.
2. Torture, any bodily maltreatment, impairment
of health or the use of psychological violence,
as well as any other offence against human
dignity are prohibited and punished as provided
by law.
** 3. The general confiscation of property is
prohibited. The death penalty shall not be
imposed, except in the cases provided by law
for felonies perpetrated in time of war and
related thereto.
4. The conditions under which the State, following
a judicial decision, shall indemnify persons
unjustly or illegally convicted, detained
pending trial, or otherwise deprived of their
personal liberty shall be provided by law.

Article 8
No person shall be deprived of the judge
assigned to him by law against his will.
Judicial committees or extraordinary courts,
under any name whatsoever, shall not be constituted.


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