specific procedure. While a joint decision issued by the
Ministers of Justice and Finance determines the calculation
and payment of the attorney’s fees. We would like to
emphasize, however, that the legislation in effect does not
provide for the ex officio appointment of a counsel by an
investigating officer, a fact which our Department intends to
airless to the above mentioned Ministry of Justice, which has
forwarded said Bill for our information, with a view to
covering this case as well.
k.
Note is made that foreign nationals arrested for violations of
the legislation on foreign nationals (Act No 1975/1991), such
as illegal entry into the Greek territory (article 4 para.3, Act
No 1975/1991) are detained for criminal offences and are
treated within the frame of the current criminal procedure.
Such foreign nationals, and any person arrested for criminal
offences, are provided with general information forms
concerning the prisoners’ rights (Sample D-33) immediately
upon their arrival at the relevant Police Establishments, where
all their rights are detailed, both concerning their period of
detention therein, as well as concerning the procedure
followed. The provisions of the legislation on foreign nationals
(article 4 para.4 Act No 1975/1991) set forth that, in the frame
of the criminal procedure, the public prosecutor of the Court of
Magistrates can abstain, upon the consent of the public
prosecutor of the Appellate Court, from to criminal
proceedings against a foreign national for the offence of illegal
entry into the Greek territory, in which case the foreign
national is again immediately turned back to the country of his
departure or origin. Until the relevant decision is issued by the
public prosecutor of the Court of Magistrates, the foreign
national in detention is treated according to the criminal
procedural provisions.
l.
Stress should be put to the fact that the Ministry of Public
Order has shown particular concern about this matter. In
particular, circular order Ref.10 4803/22/14-ëóô´ of 31 March
1997 has been issued by the Ministry’s Secretary General,
offering clarifications to the Police Departments and
underlining the police officers’ obligations to offer information
to foreign nationals detained for violations of the legislation on
foreign nationals (Act No 1975/1991).
Page 11
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