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have the execution of a custodial sentence or detention order, which has already been
inflicted, that it be in the duration of at least four months. Furthermore, a requirement

for the execution of the warrant under article 10 paragraph 1 of the same law is in the
case on the issuance for the commencement of a prosecution, that the punishable act

for which it was issued, constitutes a crime also under the Greek penal laws and that it
is punished under the law of the issuing state with a custodial sentence or a detention

order privative of freedom, the maximum limit of which is at least twelve months, while

under paragraph 2 of this article the execution of the European Arrest Warrant is
permitted, without a verification of double criminality, for the offences which are stated

in this paragraph, as they are stipulated by the law of the state issuing the warrant, in so
far as they are punished in the state with a custodial sentence or a detention order

privative of freedom, the maximum limit of which is at least three years, and among
these offences is included also the offence of fraud (item k).The European warrant, also,

is executed subject to the provisions of articles 11 up to and including 13 of the

hereinabove law. Moreover, the Greek judge, as the executing judicial authority of the
European Arrest Warrant, after initially reviewing the legality of the warrant, namely

the external (e.g. in legal form issuance of the warrant by the judicial authority) and the

internal (e.g. issuance for punishable acts and sentences permitting the surrender of the
requested person) legality thereof, has to, in turn, review if there is fulfilled one of the

prescribed in article 11 of law 3251/2004 grounds of the mandatory refusal of the
execution of the warrant and, in an affirmative case, issue a dismissive decision and

deny the surrender of the requested person or if there is fulfilled one of the grounds of
the potential refusal of the warrant of article 12 of the same law, the fulfillment of which

provides to the judge the discretionary power, exercised in accordance with the standing

in the Greek penal system principles, to refuse the execution of the warrant (Court of
Cassation 280/2017, Court of Cassation 1001/2017, Court of Cassation 616/2016

publication in ΝΟΜΟS). In particular, under article 11 case d´ there is prohibited the
issuance of a European Arrest Warrant if there has occurred, a time limitation of the

crime or the sentence, in accordance with the Greek penal laws and the punishable act
is subject to the competence of the Greek judicial authorities in accordance with the

Greek penal laws, and under article 11 case g´ (i), if the European Arrest Warrant has

been issued for a punishable act, which is regarded, under the Greek penal law, that it
was committed in whole or in part in the territory of Greece, or at a place equated to it.