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Βούλευμα Δικαστικού Συμβουλίου περί μη εκτέλεσης Ευρ. Εντ. Σύλληψης

From the provisions of article 1 paragraphs 1 and 2 of Law 3251/2004 it arises that, the
European Arrest Warrant is a decision or order of a judicial authority of a member state

of the European Union which is issued with the purpose of the arrest and the surrender
of a person, which finds itself in the territory of another state member of the European

Union and is wanted by the competent authorities of the state issuing the warrant in the

framework of penal proceedings, either in order that a penal prosecution is lodged
against him for an act which is attributed to him, or to execute a custodial sentence or

a detention order privative of freedom and with the reservation of the non-infringement
by his extradition of the fundamental rights and principles, which derive from the

standing Constitution and article 6 of the Treaty of the European Union. Also from the
provisions of article 2 paragraph 1 of the same law it arises, that the European Arrest

Warrant, for its formal validity, must contain: a) the identity and nationality of the

requested person, b) the name, address, telephone and fax connection number and
electronic address of the issuing judicial authority of the warrant, c) a mention of the

enforceable judicial decision of the arrest warrant or the related order of the judicial

authority, d) the nature and the legal classification of the crime, e) a description of the
circumstances of the commission of the crime in which are included the time and the

place of the commission as well as the form of the participation of the requested person,
f) the inflicted sentence if we have an final decision, or the framework of the sentence

st
which is stipulated– 41 sheet of the under number 129/2019 minutes and decision of
the Appeals Court Council of Athens (in public session)- for the punishable act by the

legislation of the member state issuing the warrant and g) to the extent possible, any

other information on the punishable act and its implications. Also, in article 9 paragraph
3 of the same law it is stated that when the requested person does not consent to be

surrendered to the state issuing the warrant, the competent Judicial authority for the
issuance for the decision executing the warrant is the Appeals Court Council, in the

circuit of which the requested person resides or is arrested. Α requirement for the
issuance of the European Arrest Warrant, under article 5 of the hereinabove law is that

the acts, in which the penal prosecution is to be commenced must be punished in

accordance with the Greek penal laws with a custodial sentence or a detention order
privative of freedom, the maximum limit of which is at least twelve months and, if we