The lawyer Kasatkina-Kouskou Svetlana assumes legal assistance and support in case of judicial expulsion of foreigners from the country.
According to article 74 of the Penal Code, “1. The Court may order the expulsion of an alien sentenced to imprisonment according to the relevant provisions contained in international conventions ratified by the country. If the alien at the time that the offence was committed was a minor, the legal establishment and residence of his family, or in case that the family lives abroad, the serious risk to life, physical integrity, personal or sexual freedom are all factors that are seriously reconsidered for his deportation. When an alien resides legally in the country, deportation cannot be ordered unless they are imposed imprisonment for at least three months. Deportation is executed immediately after serving the sentence or the release of the prison. The same applies when the expulsion is imposed by Court as an ancillary penalty.
The Court may also order the expulsion of any alien to whom security measures of articles 69, 71, 72 of the Penal Code have been imposed. In this case deportation can be ordered in place of these measures.
Foreigners deported in this way may return to the country with decision of the Minister of Justice, after three years and for a certain period that can be extended. The Minister of Justice, is not limited by the time limit of the preceding paragraph, in case of a foreigner married to a Greek citizen, for as long as the marriage lasts, as well as in case of a returnee with a Greek origin. The decision above shall be taken after consultation of a three member council, composed by a counselor or Deputy Legal Adviser of the State, as chairman, suggested by the Chairman of the State Legal Council, a senior officer of the Immigration Headquarters of the Greek Police proposed by the Ministry of Public Order and the Director of the relevant Department of the Public Order. An employee of the relevant Department of the Ministry of Justice is the Secretary. The chairman, the members of the council, the secretary and their deputies are defined for three years by the Ministry of Justice.
The alien remains in custody, in special places of detention until the deportation.
There are certain guarantee conditions so that the measure of judicial deportation can be imposed against a foreigner. These conditions can be divided into formal and substantive and they are also cumulative:
a. The damnation of the foreigner to imprisonment or the imposition against him of another measure such as admission to a therapeutic store. When an alien resides lawfully in the country, expulsion can be ordered only if an at least three months sentence has been imposed against him.
b. The substantive condition is the need to remove the alien from the country because he is considered to be a serious and present threat for the public order and national security of the country. This judgment of the Court must be in compliance with the general juridical principle of proportionality applicable in all fields of law and is based on the nature and consequences of crime, on the behavior, career guidance and the existence or non existence of family.
As a rule, expulsion is ordered potentially by Court according to the article 74 of the Penal Code, except the case of imprisonment of the alien for drug trafficking, where, according to provisions of Law 4251/2014, the expulsion is obligatory, unless the Court finds that there are important reasons to stay in the country.
