A Guide for Individuals Facing Extradition Proceedings Before Greek Courts

Εxtradition is one of the most intrusive forms of international judicial cooperation. Through extradition, one state requests the surrender of an individual located within the territory of another state for the purpose of criminal prosecution or the enforcement of a criminal sentence.

For the person concerned, extradition proceedings often involve arrest, detention, complex international legal issues and significant consequences for personal liberty.

Greece regularly receives extradition requests from European and non-European countries, including the United States, the United Kingdom, Canada, Australia and numerous other jurisdictions.

This guide provides an overview of the extradition process in Greece and the principal legal issues that arise during extradition proceedings.

Note: This article concerns traditional extradition proceedings. The European Arrest Warrant system operates under a separate legal framework and is not examined here.

What Is Extradition?

Extradition is the formal process through which one state requests another state to surrender a person who is:

• accused of a criminal offence; or
• sought for the enforcement of a criminal sentence.

The requested state does not determine whether the individual is guilty. Instead, it examines whether the legal requirements for surrender are satisfied.

Extradition proceedings therefore focus primarily on questions of legality, treaty obligations and fundamental rights.

The Legal Framework Governing Extradition in Greece

Extradition proceedings in Greece are governed by:

• the Greek Code of Criminal Procedure;
• bilateral extradition treaties;
• multilateral conventions;
• the European Convention on Extradition;
• constitutional principles;
• the European Convention on Human Rights.

The applicable framework depends on the requesting state and the treaty relationship between Greece and that state.

How Does an Extradition Case Begin?

Most extradition cases begin in one of three ways:

Arrest Pursuant to an International Arrest Warrant

The individual is arrested after a border control or police check reveals an international arrest request.

Provisional Arrest Request

A foreign state requests the immediate provisional arrest of the individual pending submission of the formal extradition documentation.

Formal Extradition Request

The foreign state submits an extradition request through diplomatic or judicial channels.

In many cases, the requested person learns of the foreign proceedings for the first time only after arrest.

What Happens After Arrest?

Once arrested, the individual is brought before the competent prosecutorial and judicial authorities.

The court does not immediately decide whether extradition should be granted.

Instead, proceedings commence to determine whether the statutory and treaty requirements for extradition have been satisfied.

The requested person must be informed of:

• the basis of the request;
• the requesting state;
• the offences involved;
• the procedural rights available.

Early legal representation is often crucial because important procedural issues arise from the very beginning of the proceedings.

Can a Person Be Detained Pending Extradition?

Yes.

Greek law permits detention during extradition proceedings.

However, detention is not automatic.

The court will consider factors such as:

• the seriousness of the allegations;
• the risk of absconding;
• the procedural status of the case;
• the circumstances of the requested person.

In practice, detention frequently becomes one of the first contested issues in extradition litigation. The requested person has the right file a petition for release under conditions, such as bail, visits at the local police station and prohibition to leave Greece.

The Principle of Double Criminality

One of the fundamental requirements of extradition is the principle of double criminality.

This means that the conduct alleged by the requesting state must constitute a criminal offence under both:

• the law of the requesting state; and
• Greek criminal law.

The focus is on the underlying conduct rather than the precise legal classification used by the foreign jurisdiction.

For example, differences in terminology will not necessarily prevent extradition if the essential criminal conduct is punishable in both legal systems.

Political Offences and Extradition

A longstanding principle of extradition law is that extradition is generally not granted for political offences.

Although modern treaty practice has narrowed the scope of this exception, it remains an important safeguard in appropriate cases.

The distinction between genuine criminal conduct and politically motivated prosecution can be particularly significant in cases involving:

• political activists;
• opposition figures;
• journalists;
• individuals involved in politically sensitive disputes.

Human Rights Defences

Human rights considerations play an increasingly important role in extradition proceedings.

Greek courts may examine whether surrender would expose the requested person to:

• torture;
• inhuman or degrading treatment;
• flagrant denial of justice;
• serious fair trial violations;
• other violations of fundamental rights.

The European Convention on Human Rights frequently forms the basis of such arguments.

The assessment is highly fact-specific and depends on the circumstances of the requesting state and the individual case.

Extradition Following an In Absentia Conviction

Particular difficulties arise where extradition is sought to enforce a conviction rendered in the person’s absence.

In such situations, courts often examine:

• whether the individual knew about the proceedings;
• whether the right to participate in the trial was waived;
• whether a retrial will be available after surrender.

The right to a fair trial may require effective opportunities to challenge an in absentia conviction following extradition.

Can Greece Extradite Its Own Nationals?

Unlike some jurisdictions, Greek law does not establish an absolute constitutional prohibition against the extradition of Greek nationals.

The answer depends on the applicable treaty framework, the requesting state and the circumstances of the case.

Nationality is therefore an important consideration but not necessarily a complete defence.

Can the Requested Person Challenge Extradition?

Absolutely.

The requested person has the right:

• to legal representation;
• to appear before the court;
• to challenge the legal basis of the request;
• to raise treaty objections;
• to invoke constitutional and human rights protections;
• to contest issues of identity where relevant.

Extradition proceedings frequently involve extensive legal argument concerning both domestic and international law.

Does the Court Examine the Evidence?

This is one of the most misunderstood aspects of extradition law.

Extradition proceedings are not a criminal trial.

Greek courts generally do not determine whether the requested person is guilty or innocent of the alleged offence.

However, the court may examine whether the extradition request satisfies the legal requirements imposed by treaties, domestic law and fundamental rights protections.

The extent of judicial review depends upon the applicable legal framework and the nature of the objections raised. For example, under the Greek Cod of Criminal Procedure the court must examine evidence of the requesting country, which should raise probable cause for the undelying criminal charges.

What Happens If the Court Approves Extradition?

A judicial decision declaring extradition admissible does not necessarily end the process.

The requested party has the right to file an appeal at the Supreme Court within 5 days.

Depending on the applicable legal framework, additional administrative steps may follow before surrender takes place.

The precise procedure varies according to the treaty regime governing the request.

Common Defence Strategies in Extradition Cases

Although every case is unique, common defence arguments include:

Lack of Double Criminality

The alleged conduct is not criminal under Greek law.

Political Motivation

The prosecution is politically motivated.

Human Rights Concerns

The requested person faces a real risk of unfair treatment.

In Absentia Conviction

The foreign judgment was rendered without effective participation by the defendant.

Mistaken Identity

The requested person is not the individual sought by the requesting state.

Procedural Defects

The request fails to satisfy treaty or statutory requirements.

The viability of these arguments depends entirely upon the facts of each case.

Why Early Legal Advice Matters

Extradition proceedings move quickly.

Important issues concerning detention, evidence, procedural objections and human rights protections often arise immediately after arrest.

A comprehensive defence frequently requires:

• analysis of the foreign proceedings;
• review of treaty obligations;
• examination of foreign court documents;
• consideration of constitutional and human rights issues.

The earlier these issues are identified, the more effective the defence is likely to be.

Conclusion

Extradition proceedings in Greece involve far more than a simple request for surrender. They require courts to balance international cooperation in criminal matters against individual rights, constitutional guarantees and international human rights obligations.

Whether extradition will ultimately be granted depends upon a wide range of legal and factual considerations, including treaty requirements, procedural safeguards and the circumstances of the individual case.

For individuals facing extradition proceedings, early legal advice is often essential to protecting their rights and ensuring that all available legal arguments are properly presented before the Greek courts.

About the Authors

Karydas – Fouskarinis & Associates represents Greek and international clients in extradition proceedings, INTERPOL Red Notice cases, cross-border criminal investigations and international criminal litigation. The firm regularly advises individuals sought by foreign authorities and appears before Greek courts in complex extradition matters.