Appeal Against a Criminal Conviction in Greece

As a second-instance court, the Court of Appeal is not a mere formal rubber-stamp. It retries and reconsiders the case from the beginning. This means that all the factual allegations, the witnesses and the evidence are examined afresh, allowing a full reassessment of the substance of the case, away from the haste or the mistaken perception of the first instance.

Absolutely. A fresh, new and more specialised perspective is often the key to success. An appeal calls for a lawyer who will not simply rehash what was said at the first trial, but will identify the structural legal and factual errors in the conviction. New counsel can reshape the strategy, expose gaps that were passed over, and dismantle the indictment.

Yes. The law expressly permits new evidence (particularly crucial documents) to be produced at second instance, with a view to a fuller ascertainment of the truth. The appellate court will admit it, unless it finds that the failure to produce it at the first trial was deliberate or due to gross negligence — something our methodology rules out when designing the defence.

Because the initial appeal is often lodged within an extremely tight and short deadline (just 10 days), many junior lawyers confuse it with an appeal against a civil judgment. In a criminal appeal there is no provision for “additional grounds”. By contrast, additional grounds are allowed only in a cassation appeal against a criminal judgment (Article 509 CCP), fifteen days before the hearing. Matters such as limitation or nullities are examined by the court of its own motion.

If you were convicted without being present (or without legal representation), the first court effectively ruled with the defence’s side left “empty”. With the appeal — lodged within 10 days of formal service of the in absentia judgment — the case is reopened. Before the Court of Appeal you will be present, closing the evidential gap and putting forward, for the first time, our complete account of the truth.

If the appeal has been brought by you alone (and not by the public prosecutor against your acquittal or in favour of a harsher outcome), the fundamental principle prohibiting any worsening of the accused’s position (reformatio in peius) applies. This means the Court of Appeal is barred by law from imposing a heavier sentence on you or taking away your right to a suspended sentence. The only paths open are keeping the same position, reducing the sentence, or acquitting you outright.

In cybercrime, first-instance convictions are often based on a superficial reading of the digital evidence by judges who lack technical knowledge. With our background in Computer Science, we analyse the judgment like a piece of software riddled with “bugs” (logical errors). We test the validity of the IPs, the hash values and the metadata, exposing the technical contradictions that create the necessary reasonable doubt.

Yes, the prosecution witnesses are called again before the Court of Appeal. The difference this time is that we know precisely what they testified at first instance. Using advanced cross-examination techniques, we isolate their contradictions, falsehoods or inaccuracies against the digital exhibits, demolishing their credibility in front of the appellate judges.

The scheduling time depends on the caseload of the particular Court of Appeal, but usually a period of several months to a few years intervenes. What matters is that lodging the appeal (provided it was granted suspensive effect at first instance) “freezes” the execution of your sentence. You remain entirely free and protected until the second-instance court issues its final judgment.

After the Court of Appeal, the case closes as regards its “factual” part (the facts and the evidence). The last remedy is an appeal in cassation before the Supreme Court. However, the Supreme Court is a court of cassation: it reviews solely whether the law was correctly applied and whether the decision has the required specific reasoning, without retrying the substance. That is why the Court of Appeal is the last and most decisive battle over the facts of your life.