Summoned to give unsworn explanations in Greece: rights and preparation

What unsworn explanations mean

A preliminary examination investigates whether there are grounds to bring a prosecution. Where a particular person is suspected of an offence, the Criminal Procedure Code provides for that person to be called to give explanations as a suspect. Those explanations are given without taking an oath.

The summons is not a judgment of guilt, but it is a substantive procedural step requiring preparation. A suspect has a different position from a witness. Saying that you were 'asked to give a statement' does not establish which rules apply: the actual document needs to be examined.

Relevant procedural rights

Information about the act under investigation, assistance from a lawyer, access to the material under the applicable rules and adequate preparation time are key considerations. It is also necessary to establish whether written explanations can be submitted and whether personal attendance is required.

A suspect has the right to remain silent and not to incriminate themselves. Exercising that right is not an admission of guilt. Whether to provide explanations, and their content, should be discussed with counsel on an informed basis. If language is a difficulty, raise the need for interpretation or translation promptly.

What to bring to the first meeting

Provide the complete summons and record when it was received. The issuing authority, case reference, alleged act and attendance or submission date must be checked. A telephone call or request for an extension does not itself change the requirements; confirmation from the competent authority is necessary.

Prepare an accurate chronology and gather documents lawfully in your possession. Distinguish what you remember from what the records show. If you do not remember something, tell your lawyer instead of filling the gap with speculation. Discuss which material is relevant and how it should be used.

• Summons and available proof of service
• Contracts, records or correspondence connected with the matter
• A timeline of key dates
• Details of potential witnesses and earlier related proceedings

Careful, lawful preparation

Preserve relevant files in their original form. Do not delete or alter evidence or attempt to coordinate other people's statements. Legal preparation concerns understanding the matter and exercising your rights accurately.

What happens next depends on the competent authorities' assessment of the file. It is not predetermined by the summons or a single explanation. Early contact with a lawyer allows the applicable deadlines and defence preparation to be addressed before the scheduled procedural step.