The Public Prosecutor’s Office is a judicial authority, being the “materially” competent authority which carries out criminal prosecutions on its own initiative or on request. Its first responsibility is to receive reports and allegations of crime and to initiate criminal proceedings.
According to the Constitution, the Prosecutor enjoys functional and personal independence. However, he or she is required to obey the orders of the senior prosecutors. For example, the Prosecutor of the Court of Appeal may order the Prosecutor of the Criminal Court to prosecute, but not vice versa.

The primary purpose of the prosecutor’s duties is to solve the case.
The public prosecutor is the head of the prosecuting authorities and supervises the judicial officers, and prosecutes either on his or her own initiative or on request (following a complaint or indictment).
The public prosecutor may issue a public prosecutor’s order requiring the authorities to take certain action if he or she has been informed that a criminal offence has been committed.

At the investigation stage, the prosecutor directs and supervises the summary investigation. He or she also has the right to carry out himself/herself any preliminary inquiry, such as taking witness statements, conducting an autopsy, drawing up documents, etc.
At the end of the investigation, the police officer in charge of the case forwards all the information collected to the competent public prosecutor. The public prosecutor examines the work done up to that point and forwards the case to the court together with his or her recommendation as to how the proceedings should proceed.
After prosecution, and if it is proven during the pre-trial proceedings that the defendant did not commit the act of which he or she is accused, the prosecutor may submit a proposal for the discharge of the defendant to the Judicial Council.

The Prosecutor shall take part in the composition of the court and shall speak during the course of the trial, but shall not be entitled to take part in the deliberations leading to the judgment, although he or she shall be responsible for its execution. No decision of a criminal court taken in a public session or council may be valid unless the public prosecutor has first delivered an opinion. Therefore, if during the trial the prosecutor is convinced that the defendant is innocent, he or she must ask the court to acquit him or her. The public prosecutor may appeal against the decisions of the criminal courts. He or she is the only person who can appeal against acquittals (except for judgements where a civil claimant can also seek legal redress).

In cases where a victim directly reports a crime to the Public Prosecutor’s Office, the Public Prosecutor must provide information to the victim, as provided for in Article 57 of Law 4478/2017.

If you believe that the prosecutor has not respected your rights, you can report this to a senior prosecutor or to the Public Prosecutor’s Office of the Supreme Court.


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