The judge is a member of the judiciary who exercises his/her duties independently, deciding only in accordance with the Greek Constitution and the Law.
The inspection of ordinary judges shall be carried out by senior judges and by the Prosecutor and the Deputy Prosecutors of the Supreme Court, in accordance with the definitions laid down by law. The Ministry of Justice is responsible for the status of judicial officers.
Criminal courts try crimes (criminal offences) and impose sentences on offenders according to the penalties provided for by law. According to the Constitution, Article 96(1):
The ordinary criminal courts are responsible for investigating crimes and taking all the measures provided for by the criminal laws.
In Greece, the criminal courts include: Supreme Court, Courts of Appeal, Plenary Courts, Courts of Misdemeanors.
Various judges may be involved during the course of criminal proceedings:
a judge at the investigation stage, in court, and the appellate judges in the courts of appeal and the Supreme Court.
During the course of the investigation, in other words at the inquiry and examination stages, the judge may adopt measures to ensure that acts such as the imposition of a restraining order, the carrying out of an expert examination, searches of residential premises do not violate fundamental rights or, if they do, that the investigation justifies them and that they are limited to what is strictly necessary.
At the prosecution stage, the investigating judge is responsible for deciding whether or not the decision taken by the prosecution at the end of the investigation stage was appropriate. To this end, he or she will examine the evidence gathered at the investigation stage, as well as any other evidence he or she deems should be gathered, or evidence submitted at the examination stage which he or she deems relevant.
After receiving the case file, the judge schedules the date of the trial and issues an invitation or notice to all persons who are to participate in the proceedings.
At the trial stage, the judge has two main tasks:
- first, to preside over the trial. The judge is responsible for managing the case, making sure that everything runs smoothly and in a disciplined manner, that evidence is provided, and that participants in the proceedings have the opportunity to examine and question it.
- second, to decide on the basis of the evidence whether the defendant should be convicted or acquitted and, if convicted, what sentence should be imposed. If there is a claim for damages, the judge must also rule on that claim. The judge is responsible for drafting the judgment, reading it aloud in the courtroom on a scheduled date, and explaining it to the participants in the proceedings, in particular the defendant and the victim, if present.
In cases involving the most serious crimes, the court is composed of three judges. In these cases, one of the judges is appointed president and his/her duty is to preside over the trial, but the other two judges may also intervene. The ruling is made by a majority decision of three Judges.
One of the responsibilities of the judges of the Court of Appeal is to weigh and decide on appeals submitted to the Court of Appeal and the Supreme Court.
The judge holds a degree in law and has completed a special postgraduate program for judges at the National School for Judges.
If you feel a judge has not respected your rights, you should report it to the Supreme Judicial Council.