TSALIKIDIS AND OTHERS v. GREECE JUDGMENT 11 Article 47 Rejection of the criminal complaint “1. The public prosecutor shall examine the criminal complaint and if he considers that it has no legal basis, or that it is not subject to judicial assessment, or that it is unfounded on its merits, he shall reject it by means of a duly reasoned order which shall be served on the complainant. 2. If a preliminary investigation or preliminary measures pursuant to Article 243 § 2 or a sworn administrative investigation had been conducted and the public prosecutor considers that there is not sufficient evidence to initiate criminal proceedings, he shall act as described in the preceding paragraph. ...” Article 48 Complainant’s right to appeal “A person who lodges the criminal complaint may, within fifteen days of the service of the public prosecutor’s order under paras. 1 and 2 of the preceding article, lodge an appeal with the competent public prosecutor at the Court of Appeal against the order issued by the public prosecutor at the Court of First Instance .... If the public prosecutor grants the appeal, then the last subparagraph of Article 43 § 2 shall apply.” Article 180 When and how a forensic examination (αυτοψία) is performed “1. A forensic examination may be performed at any stage of the proceedings on places, objects or persons with a view to verifying the commission of offences and the circumstances under which they were committed. 2. If there are no traces of the offence or other material evidence or if such evidence has been eliminated or altered, the person performing the forensic examination shall describe the current situation, investigating at the same time if possible the previous situation ...” Article 183 When an expert evaluation is ordered “If specialised scientific or cultural knowledge is required in order to obtain an accurate diagnosis and judgment of a certain event, those conducting the investigation or the court may of their own motion or at the request of one of the parties or of the public prosecutor order an expert opinion.” B. Introductory Law to Civil Code 35. Article 105 of the Introductory Law to the Civil Code provides as follows: “The State shall be duty-bound to make good any damage caused by unlawful acts or omissions attributable to its organs in the exercise of public authority, except where such unlawful act or omission was in breach of an existing provision but was intended to serve the public interest. The person responsible and the State shall be jointly and severally liable, without prejudice to the special provisions on ministerial responsibility.”