GREECE Law and Practice Contributed by: Ilias G. Anagnostopoulos and Padelis V. Bratis, ANAGNOSTOPOULOS
2.3 Obtaining Disclosure of Documents and Evidence From Third Parties Civil Proceedings A litigant may file an application with the court for the presentation of a specific document by the opposing party or a third party (Article 450 et seq GCCivP). The party filing the application for the presentation of the document should expressly specify, in its application, the document for which disclosure is sought. An order granting or dismissing the application is issued by the competent court. Criminal Proceedings Please see 2.1 Disclosure of Defendants’ Assets . Rules of Evidence Lawfully obtained evidence may constitute means of proof and may be used as such before Greek courts in civil and criminal proceedings. The evaluation of evidence is made freely by the court, but the final rul - ing needs to be sufficiently reasoned. 2.4 Procedural Orders Provisional orders may be issued ex parte, even with - out the service of a notice to the opposing litigant (Article 691A paragraph 2 GCCivP). Please see also 1.7 Prevention of Defendants Dissipating or Secret- ing Assets . 2.5 Criminal Redress Fraud Victim as a Party to Criminal Proceedings The victim of a criminal offence (including a fraud vic - tim) is entitled to acquire plaintiff status in criminal proceedings by making a declaration in support of the charges against the accused. Such a declaration can be submitted as a written statement during the pretrial stages or before the criminal court, until the beginning of the examination of evidence (ie, usually before the calling of the first witness). Articles 63–68 in conjunction with Articles 82–88 GCCP comprise the relevant legal framework. Moreover, after issuing its judgment on the charges brought, the criminal court has the power to order the return of seized assets to the victim of fraud or other related offences.
The participation of the (fraud) victim in criminal proceedings aims at the conviction of the accused, with no possibility of the filing of private claims for compensation that arise from the same wrongful act. Nonetheless, the victim may pursue civil claims before civil courts. Parallel Criminal and Civil Proceedings When a civil lawsuit is intertwined with criminal claims, which are to be adjudicated by the competent criminal court, it is usual practice (though not mandatory) for the ruling of the civil court to be postponed until a final criminal judgment has been issued. 2.6 Judgment Without Trial Occasionally, it is possible for the judgment of a civil or criminal court to be issued without the conduct of a full trial. More specifically, the following applies. Dispute Resolution Article 293 GCCivP, under the title “Procedure and Results of Conciliation”, stipulates those litigants who may, at any stage of the trial, reach a settlement provided under the applicable laws. The settlement is made by means of a declaration before the court or the surrogated judge, or before a notary public, and terminates the proceedings. The minutes of the conciliation constitute an enforceable title (Article 904 paragraph 2 GCCivP). Plea Bargaining The newly enacted Articles 303 et seq GCCP (by vir - tue of Law 4620/2019) introduced the possibility of plea bargaining in criminal proceedings. According to the relevant provisions, the defendant may, dur - ing the pretrial stages or until the beginning of the evidence hearing before the competent first-instance court, submit a request for plea bargaining in relation to the charges filed. The prosecutor has no right to sua sponte initiate such plea bargaining. In exchange for the defendant’s confession and acceptance of criminal charges, the prosecutor may propose a reduced penalty, as prescribed by law, after considering the nature and specifics of the case. If a final agreement is reached between the defendant and the prosecutor, the competent criminal court ratifies said agreement in a summary hearing.
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