According to the Greek Criminal Code, offences (acts or omissions) are classified into two categories depending on the type and severity of the applicable penalties:
The objective constitutive elements of each offence are described in the law, according to the constitutional principle of nullum crimen, nulla poena sine lege. Both categories of offences are punished if they are committed intentionally. Misdemeanours shall also be punished if they are committed negligently, but only in cases where this is expressly provided for by law.
Attempted offences are subject to less severe penalties.
Criminal conviction requires proof beyond reasonable doubt. The judicial authorities bear the burden of proving the guilt of the defendant, who is presumed innocent until a final conviction by the competent criminal court. Reasonable doubts on guilt must result in an acquittal (in dubio pro reo principle).
The prosecution of serious crimes is time-barred after 20 years if the penalty prescribed by law is life imprisonment or if the crime is directed against the property of the Greek State. Other serious crimes have a 15-year statute of limitations. The period of limitation begins on the day the offence was committed, is suspended for five years after indictment, and runs again from when it stopped after the end of the five-year suspension.
Misdemeanours have a five-year statute of limitations, with a possible suspension of three years after indictment.
In the case of a continuous offence, the limitation time does not begin until the perpetrator stops committing the offence. For example, the offence of participation in a criminal organisation is a continuous offence and, therefore, the limitation period does not begin until the perpetrator leaves the organisation.
Special criminal statutes may include different provisions in relation to limitation periods.
Greek criminal law is applicable (ie, Greek courts have jurisdiction over the offence) to a serious crime or misdemeanour that was committed in a foreign state by a Greek citizen or by a foreign national against a Greek citizen, subject (in both cases) to the condition of dual criminality, according to which the offence must also be punishable under the law of the state where it was committed, taking into account the specific circumstances of the case.
However, in some cases, Greek criminal law is applicable regardless of the law of the state of commission (principle of universal jurisdiction) – eg, for offences committed by or against Greek public officials, drug trafficking, human trafficking or offences relating to the currency.
Participation in a criminal organisation is punishable under Greek law – regardless of the law of the place of commission – if the offence was committed abroad by a Greek national or against a Greek citizen or a legal person headquartered in Greece or against the Greek State.
Money laundering committed in a foreign state by a Greek citizen is punishable under Greek law regardless of the law of the place of commission. It is also punishable if committed in a foreign state for the benefit of a legal person or entity having its registered office or place of business in Greece.
Greece is party to many bilateral or multilateral extradition treaties, and the European Arrest Warrant and the European Investigation Order are applied in Greece.
The Greek judicial authorities co-operate with foreign judicial authorities and numerous cross-border enforcement authorities, such as Interpol, Europol and the European Public Prosecutor’s Office (EPPO); notably, Greece is an EPPO member state.
As a rule, according to Greek criminal law, criminal sanctions cannot be imposed against legal persons. On the contrary, natural persons who are in charge of a corporation or responsible for its operation can be criminally liable if they participated in the commission of a crime or, in certain cases, if they failed to exercise supervisory responsibilities (eg, in cases of offences of omission, environmental crimes, antitrust crimes or bribery).
In many cases, administrative penalties or fines may be imposed on legal entities that have gained profit or advantages related to an offence committed by a natural person. This does not preclude the criminal liability of the natural person who committed the offence.
Α successor entity may be held liable for unpaid fines or other administrative penalties that had been imposed on a predecessor company.
In 2024, hybrid criminal liability for legal entities was introduced in relation to corrupt practices (Articles 134–135 of Law 5090/2024). The practical impact of this law cannot yet be assessed.
According to Article 79 of the Greek Penal Code, in order to determine the appropriate sentence within the applicable framework, the court weighs up the facts and circumstances for and against the defendant and takes numerous objective and subjective criteria into consideration, such as:
Article 84 provides for mitigating circumstances, including the fact that the perpetrator:
Victims of a white-collar offence may claim compensation for their loss before civil courts.
In parallel, the injured party has the right to participate in criminal (pre-trial and trial) proceedings against the perpetrator as a party in support of the charges.
Class actions are not available for white-collar offences in Greece.
As a rule, the Public Prosecutor has the power to conduct a preliminary investigation and to prosecute a person for a white-collar offence. If the Public Prosecutor considers the evidence to be sufficient after the preliminary investigation, he/she orders a formal investigation to be carried out by the Investigating Judge in cases of serious crimes.
The special Department of the Financial Crime Prosecutor’s Office is responsible for the prosecution of financial crimes, while the investigation and prosecution of crimes affecting the European Union’s financial interests falls under the jurisdiction of the EPPO.
During investigations, the judicial authorities are supported by police units – eg, the Financial Police.
All administrative authorities must co-operate with judicial authorities. In certain cases, administrative authorities – such as the Hellenic Capital Market Commission (in relation to market abuse), the Environmental Inspectors (in relation to environmental crimes) or the Anti-Money Laundering Authority – collect evidence within the scope of their administrative powers, which they then submit to the Public Prosecutor’s Office. The Anti-Money Laundering authority has the power to freeze assets, even before a preliminary investigation.
According to the Greek Code of Criminal Procedure, criminal proceedings are opened by an order of the Public Prosecutor, after receiving any kind of information that a criminal offence has been committed. In practice, the opening of criminal proceedings does not require serious indications that an offence has been committed; even thin evidence suffices to open a preliminary investigation.
In flagrant crimes and other urgent cases, evidence must be secured by the Police or other investigating officers with no prior order from the Public Prosecutor.
For certain misdemeanours, a criminal complaint by the alleged victim (within three months after they came to know of the offence and the perpetrator) is required in order to start criminal proceedings.
The investigative authorities have the power to conduct all necessary investigating acts in relation to the offence under (preliminary or formal) investigation, such as examination of witnesses (eg, directors or employees of a company), inspection of places and searches (eg, at the headquarters of a company), expert opinions, seizure of documents, digital evidence or items, freezing of assets, etc. The investigative authorities may also interview suspects.
The seizure of digital data related to a crime under investigation is expressly regulated in Article 265 of the Greek Code of Criminal Procedure.
In applying the above-mentioned investigating acts, the investigative authorities must respect the procedural rights of suspects and third parties, and the principle of proportionality.
The use of ΑΙ or other advanced digital tools, such as predictive analytics, big data review or blockchain analysis, is not explicitly regulated in the Greek Code of Criminal Procedure. However, any lawfully acquired evidence is, in principle, admissible in criminal proceedings and can be adduced by the investigating authorities or the parties (the defendant and the injured party).
It is not prohibited for enforcement authorities and experts to make use of modern tools in a supportive manner, if there is appropriate scientific documentation and the procedural rights of the parties are not violated. For example, the Greek tax and anti-money laundering authorities use digital tools to detect and combat tax evasion and money laundering.
Communication surveillance is regulated in Law 5002/2022 and requires an order by the competent judicial authorities based on serious indications that specific offences have been committed.
Internal investigations are not mandatory under Greek criminal law. The company itself decides whether an internal investigation should be carried out to examine the relevant facts, and whether to co-operate with the judicial authorities.
During an internal investigation, Law 4624/2019 regarding data protection is applicable. The Greek legislation is based on the European General Data Protection Regulation.
Under labour law, employees have a duty of loyalty to their employer and a duty to co-operate, which also covers internal investigations. However, from a criminal law point of view, the general principle of nemo tenetur se ipsum accusare should be considered, and the attorney-client privilege must be respected.
Companies are not obliged to share the findings of internal investigations with enforcement authorities. However, the judicial authorities have the power to:
In this context, investigating authorities are, in principle, not allowed to seize documents or digital data (eg, electronic correspondence) covered by the attorney-client privilege, which is strongly protected in Greece.
The right to prosecute a person for a criminal offence falls under the competence of the Public Prosecutor. According to the principle of legality, the Prosecutor has a duty to prosecute if there is sufficient incriminating evidence after the completion of the preliminary investigation. For serious crimes, the Prosecutor orders a formal investigation, while for misdemeanours he/she refers the defendant to a criminal court.
However, there are some exceptions to the principle of legality, as follows.
Deferred prosecution agreements and non-prosecution agreements are not available under Greek law. However, the Public Prosecutor may refrain from prosecution in certain circumstances (see 2.6 Prosecution).
Important white-collar offences related to companies include the following.
Fraud (Article 386 of the Greek Penal Code)
Fraud is committed when a person knowingly represents untrue facts as being true, or unlawfully conceals or suppresses true facts, and in this way persuades another to act, omit or tolerate, thus damaging a person’s property, in order to gain an illegal financial advantage for themselves or others.
Fraud is punished by imprisonment of up to five years; if the damage caused is major, the sanction is imprisonment of at least three months (up to five years) and a monetary penalty. If the pecuniary damage exceeds EUR120,000, imprisonment of up to ten years and a monetary penalty shall be imposed.
If the fraud is directed directly against the Greek State, legal entities governed by public law or municipal authorities, and the damage exceeds EUR120,000, imprisonment of between ten and 20 years and a monetary penalty shall be imposed.
Embezzlement (Article 375 of the Greek Penal Code)
Embezzlement is the unlawful appropriation of another person’s movable property that came into the offender’s possession in any way. In such cases, the perpetrator shall be punished with imprisonment of up to two years; if the movable property is of particularly high value, the sanction is imprisonment of at least three months (up to five years) and a monetary penalty.
If the movable property has been entrusted to the perpetrator out of necessity or because of their capacity as an agent, trustee, guardian or administrator of another person’s property, the perpetrator shall be punished with imprisonment of between one and five years and a monetary penalty. If the value of the movable property exceeds EUR120,000, imprisonment of up to ten years and a monetary penalty shall be imposed.
If the embezzlement is directed directly against the Greek State, legal entities governed by public law or municipal authorities, and the value of the movable property exceeds EUR120,000, imprisonment of between ten and 20 years and a monetary penalty shall be imposed.
Fraud by using computers (Article 386A) and fraud in relation to grants or subsidies (Article 386B) are also recognised.
Breach of Trust (Article 390 of the Greek Penal Code)
Breach of trust is committed when a person, in violation of the rules of diligent management, knowingly causes damage to the property of another, of which he/she has custody or management (in whole or in part, or only for a specific act).
Breach of trust is punished with imprisonment of up to five years; if the damage caused is major, the sanction is imprisonment of at least three months (up to five years) and a monetary penalty. If the damage caused exceeds EUR120,000, imprisonment of up to ten years and a monetary penalty shall be imposed.
If the breach of trust is directed directly against the Greek State, legal entities governed by public law or municipal authorities, and the value of the damage exceeds EUR120,000, imprisonment of between ten and 20 years and a monetary penalty shall be imposed.
Bribery/influence peddling offences in Greece include the following.
Bribery
A public official who requests or receives any unlawful benefit, directly or through a third party, for themselves or for another person, or accepts the promise of such a benefit, for an action or omission related to or against their duties commits passive bribery according to Article 235 of the Greek Penal Code.
Active bribery is committed by any person who promises or gives to a public official, directly or through a third party, any illegal benefit for an action or omission by the official related to or against their duties (Article 236 of the Greek Penal Code).
Bribery in the public sector is punishable by imprisonment of between one and 20 years and a monetary penalty, depending on the special circumstances of each case.
The provisions may also apply in the case of bribery of foreign public officials.
Bribery of Judges
Active and passive bribery of judges is provided for by Article 237 of the Greek Penal Code. The offence is punishable by imprisonment of between five and 20 years and a monetary penalty, depending on the circumstances of each case.
Bribery of Political Officials
Bribery of political officials (Articles 159 and 159A of the Greek Penal Code) is punishable by imprisonment for between five and 20 years and a monetary penalty, depending on the circumstances of each case.
Bribery in the Private Sector
According to Article 396 of the Greek Penal Code, (active and passive) bribery in the private sector is punishable if it is committed in exchange for an action or omission in breach of one’s duties. Imprisonment of between one and five years and a monetary penalty can be imposed.
Influence Peddling
Exerting improper influence over officials is punishable under Article 237A of the Greek Penal Code. Imprisonment of up to five years and a monetary penalty can be imposed, depending on the circumstances of each case.
An obligation to implement specific compliance procedures and anti-corruption measures exists in certain areas (eg, the banking sector), for governmental authorities and other entities governed by public law.
Moreover, private companies are also obliged to establish – as appropriate for each case – compliance programmes according to specific legislation (eg, Law 4706/2020 on Corporate Governance) or the general principles of commercial law, such as the legality principle, duty of care, duty of diligence, duty of loyalty, etc.
Regulatory bodies (eg, the Bank of Greece, the Hellenic Financial Intelligence Unit, the Capital Market Commission) have also issued relevant guidelines, which may be applicable to certain regulated entities.
It should be noted that heads of departments, inspectors or persons with decision-making or supervisory powers in the public sector, as well as directors of private entities or other persons with decision-making or supervisory powers in a company, may be criminally liable if they fail, through negligence, in their duties to prevent bribery (Articles 159A par. 3, 235 par. 4, 236 par. 3, 237 par. 3 of the Greek Penal Code).
Public officials are obliged to report bribery to the authorities if they become aware of it in the course of their duties (Article 38 of the Greek Code of Criminal Procedure). The breach of this duty is punishable as a criminal offence.
Monitoring and reporting are also obligatory in other areas (eg, the banking sector) according to regulatory provisions and the anti-money laundering legislation (Law 4557/2018).
Insider Trading and Relevant Offences
Intentional insider trading can be committed by specific persons that use inside information either to acquire or dispose of financial instruments or to cancel or amend existing orders in relation to financial instruments, and is punishable, under special conditions, according to Article 28 of Law 4443/2016, by imprisonment of between one and 20 years.
Moreover, Articles 29 and 30 of Law 4443/2016 provide for criminal liability for:
Market Manipulation
Intentional market manipulation – which can be committed, inter alia, by executing a transaction or sending an order to execute a transaction or by disseminating misleading information in relation to financial instruments – is punishable by imprisonment of between one and 20 years under special conditions, according to Article 31 of Law 4443/2016.
Law 4443/2016 is based on the terms and provisions of the European market abuse legislation.
Criminal Banking Law
In practice, one of the most important offences regarding banking business is a breach of trust (Article 390 of the Greek Penal Code; see 3.1 Criminal Company Law and Corporate Fraud).
Intentional tax evasion, which can be committed by concealing income, etc, is punishable according to Article 79 of Law 5104/2024, if the tax evaded each year exceeds EUR100,000. In cases of intentional VAT evasion (eg, by not paying VAT or by receiving a VAT return through fraud), this limit is reduced to EUR50,000.
Issuing and accepting counterfeit or fictitious tax records and similar acts are also considered tax offences.
In relation to these tax offences, imprisonment for up to 20 years can be imposed, depending on the circumstances of each case.
False registrations in accounting books, as well as relevant omissions, are punishable according to Law 5104/2024 (see 3.5 Tax Fraud).
Inaccurate or false record keeping or making inaccurate/false statements on the financial status of a company, etc, can also be a criminal offence under special provisions of commercial law (eg, under Law 4548/2018 regarding the Greek Société Anonyme or Law 4738/2020 on Bankruptcy).
The level of sanctions (eg, imprisonment) varies, depending on the applicable law.
Αnti-Competitive Practices
Greek Law 3959/2011 on competition is based on the European antitrust legislation and provides for both administrative and criminal sanctions in case of anti-competitive practices or abuse of a dominant market position.
According to Article 44 of Law 3959/2011, which describes the relevant criminal offences, intentional antitrust acts are punishable by a monetary penalty of up to EUR1 million and/or imprisonment.
In this context, the Hellenic Competition Commission co-operates with the judicial authorities.
Unfair Competition
Law 146/1914 provides for offences related to violations of the fair competition duty, such as spreading false information against a business, unlawful disclosure of business secrets, etc.
Consumer protection is regulated by Law 2251/1994, which provides, inter alia, for administrative sanctions such as fines in case of consumer law violations (Article 13a).
In case of defective products that caused homicide or bodily harm, the perpetrator may be criminally liable under Chapter XV of the Greek Penal Code (offences against human life and the embryo) or Chapter XVI of the Greek Penal Code (offences against physical integrity).
Computer Fraud (Article 386A of the Greek Penal Code)
Computer fraud is committed when a person causes pecuniary damage to foreign property by influencing the outcome of a computer data processing operation in order to obtain unlawful financial benefit for themselves or for another person by:
The manufacture, distribution or possession of a program or information system intended for the commission of the above-mentioned offence is also punishable. Imprisonment of up to 20 years and a monetary penalty can be imposed, depending on the circumstances of each case.
Other Cybercrimes
Further cybercrime offences include:
Protection of Company Secrets
There are several provisions that protect company secrets, such as Articles 370B and 370C of the Greek Penal Code regarding company secrets in computer systems, or Article 16 of Law 146/1914 regarding an intentional breach of business secrets. Sanctions include imprisonment and/or monetary penalty.
Following the decisions of international or European bodies on an ad hoc basis, certain sanctions regimes may be applicable in Greece (measures against foreign states with a focus on trade, the financial and transport sector, the oil and gas industry, etc).
According to Article 142A of the Greek Penal Code, the intentional violation of sanctions or restrictive measures imposed by European Union regulations on states, entities, organisations and natural or legal persons is punishable by imprisonment of up to two years, unless another special provision provides for a more severe penalty.
There are various offences relating to “concealment”, such as:
These offences are punishable by imprisonment of up to five years and a monetary penalty, depending on the circumstances of each case.
Moreover, concealing the truth in relation to the nature, source, disposal, movement or use of assets, or the place in which they are located, or their ownership, while knowing that such property came from (participation in) criminal activity, may constitute money laundering, according to Article 2 par. 1b and Article 39 of Law 4557/2018.
Criminal liability for the predicate offence does not exclude criminal liability for money laundering, provided that the objective elements of money laundering are not identical with the predicate offence. The maximum sentence for money laundering is imprisonment of up to 20 years and a monetary penalty.
Article 45 of the Greek Penal Code defines co-principals as persons who intentionally co-execute an offence (strictly with regard to the constitutive elements of the offence).
Instigators are criminally liable for the same sanctions as principles, according to Article 46 of the Greek Penal Code.
The same applies for direct accessories, who intentionally provide decisive assistance during the execution of the offence. Simple accessories, who provide any other kind of assistance before or during the execution of the offence, shall be punished with a reduced sentence (Article 47 of the Greek Penal Code).
Law 4557/2018 is based on the relevant European legislation and contains the following main offences in relation to money laundering:
Article 4 of Law 4557/2018 describes predicate offences (participation in a criminal organisation, bribery etc) and provides that every offence that is punishable by a sentence of at least three months and from which a pecuniary benefit derives constitutes a predicate offence. Prosecution for the predicate offence is not necessary for a conviction on money laundering charges.
The level of the sanctions (eg, imprisonment) varies, depending on the predicate offence and the circumstances of each case. The maximum sentence for money laundering is imprisonment of up to 20 years and a monetary penalty.
It should be noted that certain legal persons (eg, banks and other financial services institutions) and professionals are obliged to fulfil specific monitoring and reporting duties in relation to money laundering. They may be held liable if they fail to comply with these obligations (eg, if they intentionally fail to report suspicious transactions). Natural persons may also be held criminally liable for such failures. Administrative sanctions can also be imposed, such as fines.
The Hellenic Anti-Money Laundering Authority collects evidence within the scope of its administrative powers, which is then forwarded to the Public Prosecutor’s Office.
Environmental Criminal Law
Greek environmental criminal law is based on the relevant European Directives. Article 28 of Law 1650/1986 criminalises:
Environmental pollution or degradation are also punishable if committed negligently.
It should be noted that persons who have a leading position within a legal person may be criminally liable if they fail in their duties to prevent environmental crimes (Article 28 par. 5.1 and 5.2 of Law 1650/1986).
Depending on the circumstances of each case, imprisonment of up to 20 years and a monetary penalty can be imposed for environmental crimes.
Human Trafficking
Human trafficking is a serious crime according to Article 323A of the Greek Penal Code, which criminalises, inter alia, the use or threat of violence, other coercive means or abuse of power to recruit, kidnap, transport, illegally detain, deliver or receive a third person for the purpose of exploiting such person. Article 323A covers all forms of “modern slavery” and similar acts of “exploitation” against adults or children.
The maximum sentence for trafficking in human beings is life imprisonment and a monetary penalty, depending on each case.
Compliance Programmes
Environmental protection and human rights protection are part of modern compliance programmes (see also 3.3 Anti-Bribery Regulation).
The Greek Penal Code contains several provisions in relation to fraud, computer fraud, cybercrime offences, etc (see 3.1 Criminal Company Law and Corporate Fraud and 3.9 Cybercrimes, Computer Fraud and Protection of Company Secrets) that may apply in cases of the misuse of AI or other modern technical tools to commit an offence.
For example, in some cases, “deepfakes” are already being used to commit fraud, which is punishable under Article 386 of the Greek Penal Code.
In 2025, a system of regulatory enforcement in relation to crypto-assets was introduced through Law 5193/2025. The Greek legislation is based on the European legal framework (Regulation (EU) 2023/1114 on markets in crypto-assets).
The Hellenic Capital Market Commission and the Bank of Greece have extensive administrative responsibilities in this sector, including supervisory powers and powers to impose corrective measures, to carry out investigations, to impose fines or other administrative sanctions, etc.
Under Article 107 of Law 5193/2025, intentionally providing professional crypto services without the licence required by Regulation (EU) 2023/1114 is recognised as a criminal offence, which is punishable by imprisonment of between one and five years. If the services are provided by legal entities, criminal sanctions shall be imposed on the person who exercises the administration or management of the legal entity.
Greek legislation also contains several other provisions in relation to fraud, computer fraud, cybercrime offences, tax evasion, money laundering, etc (see 3.1 Criminal Company Law and Corporate Fraud, 3.9 Cybercrimes, Computer Fraud and Protection of Company Secrets and 3.13 Money Laundering) that may apply in relation to criminal activities that involve crypto-assets, blockchain-based assets or digital currencies. In this context, the Anti-Money Laundering Authority and the judicial authorities also have the power to freeze assets.
As a rule, judicial authorities must collect all incriminating and exonerating evidence as well as any element concerning the defendant’s personality.
The defendant and his/her counsel are free to organise an appropriate defence strategy against white-collar crime charges, depending on the stage of the criminal proceedings. This includes the right to request access to the case documents and to receive copies, to file motions asking the authorities to carry out specific investigative measures, to challenge certain investigation measures and/or the evidence presented, etc.
The existence of an effective compliance programme may be considered when assessing (administrative or criminal) sanctions.
As a rule, in Greece there are neither de minimis exceptions nor exempt industries or sectors in relation to white-collar offences.
Under the Greek Code of Criminal Procedure, a criminal conciliation between the perpetrator and the victim is possible under certain conditions (Articles 301 and 302 of the Code of Criminal Procedure). A defendant who successfully negotiates with the victim may receive a reduced sentence from the court.
Since 2019, plea bargaining is also recognised in Article 303 of the Greek Code of Criminal Procedure as an alternative procedure for certain offences (the smuggling of immigrants, narcotics etc). A defendant who successfully negotiates with the prosecutor may receive a reduced sentence from the court, which confirms the agreement.
There is no general provision for leniency measures, but special provisions may be applicable in certain cases. For example, Article 263A of the Greek Penal Code provides, inter alia, for leniency measures (such as a reduced sentence or suspension of criminal proceedings) for individuals who have participated in active bribery, breach of trust committed by public officials or other offences committed by public officials, if they report the criminal conduct to the authorities and make substantial disclosures as to the official’s criminal acts.
Provisions related to whistle-blower protection have been introduced by Law 4990/2022 on the transposition of Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law. According to Article 2, the purpose of this law is to establish a system for internal and external reporting of violations of Union law, to protect persons who report such violations, to regulate the process for submitting, receiving and following up on reports, and to provide for sanctions.
Protection measures include the prohibition of retaliation against whistle-blowers, measures of support, measures for protection against retaliation and measures for the protection of persons concerned, which are mainly based on the protection measures outlined in Directive (EU) 2019/1937.
Defence lawyers are faced with new challenges in relation to complex cross-border investigations, transnational access to electronic evidence, etc. Cross-border defence strategies require familiarity with different legal systems, timely and effective co-operation between defence counsel in the relevant jurisdictions, and the co-ordinated exercise of defence rights within a holistic defence strategy.
In this context, the European legal framework (eg, on EAW, EIO, EPPO, E-evidence access) and the applicable international legal tools are of great importance.
Greek legislation has undergone numerous changes in the past few years to comply with international and European standards.
Legislation promoted in the field of criminal law over recent years in Greece tends to tighten the legislative framework and expand the powers of enforcement and judicial authorities. In some instances, the legislator’s piecemeal approach lacks clarity and has the potential to create conflicts with other applicable laws. This trend is expected to continue in the coming year.
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contact@iag.gr www.iag.grWhite-Collar Crime in Greece: An Introduction
Amendments to Greek Criminal Law
Since 2019, Greek criminal law has been subject to successive amendments, to both the Penal Code and the Code of Penal Procedure (CPP). This article focuses on certain amendments involving key criminal law issues, such as the rule of ex officio prosecution, the (procedural) principle of legality-mandatory prosecution and the non-recognition of corporate criminal liability, also noting their impact to date.
Initiation of criminal proceedings for property offences
Criminal proceedings are initiated by prosecutors, following any kind of information that a criminal offence has been perpetrated. However, for certain offences explicitly defined in the Penal Code, prosecution presupposes a criminal complaint duly filed by the alleged victim (individual or legal entity) within a three-month period starting from the time they became aware of the criminal act and one of the perpetrators (hereinafter “non ex officio offences”).
Until the introduction of the new Penal Code in 2019, the criminal complaint-based system provided mainly for offences lacking strong public interest (eg, insignificant value embezzlement/ theft) or involving a close relationship between the victim and the perpetrator (eg, embezzlement/theft between spouses), whereas key property offences could be prosecuted irrespective of whether the victim had filed a criminal complaint or not.
However, the list of non ex officio offences was extended in 2019 and restricted again in 2024.
From 1 July 2019 to 1 July 2024
The new Penal Code introduced in 2019 extended the list of non ex officio offences to include most property offences against individuals or private legal entities, even when punishable as felonies, with the exception of those committed against the State or public law legal entities or local authorities’ bodies.
For cases already pending, the victims were granted a four-month period to declare that they wish criminal proceedings to continue.
For the offence of breach of trust specifically, there was a two-step amendment in 2019 to the procedural requirements for its prosecution. “Breach of trust” refers to offenders who are entrusted with the management of another person’s/legal entity’s property and knowingly cause a loss to such property, acting in breach of diligent management rules. It is a typical white-collar crime in Greece and the main source of criminal liability risk for boards of directors, CEOs and other officers holding a position of trust within a corporation.
The 2019 Penal Code initially provided that misdemeanour breach of trust (ie, resulting in losses below the threshold of EUR120,000) was prosecuted only following a criminal complaint by the alleged victim; on the contrary, felony breach of trust remained an ex officio offence.
Soon after that, the requirements for the prosecution of breach of trust were re-amended, albeit in a limited scope. Since 18 November 2019, breach of trust against financial/credit institutions and organisations of the financial sector has been prosecuted only upon a criminal complaint by the victim (ie, the company). Again, for cases already pending, a specific provision was introduced prescribing that the above organisations were entitled to declare that they wish criminal proceedings to continue, within four months from the time the new law was issued (ie, starting on 18 November 2019).
The above amendments to the scope of non ex officio offences had a considerable impact on both pending and new cases.
Some of the pending criminal cases for offences previously prosecuted ex officio were dismissed due to the lack of a criminal complaint or a declaration for the continuation of criminal proceedings.
For new cases, notably for complex fraud cases, it was doubtful whether the victims had adequate time within the strict three-month deadline to evaluate their position, take informed decisions on whether to proceed with a criminal complaint and comply with the formal requirements of duly filing such a complaint.
From 1 July 2024 onwards
Law 5090/2024 reinstated the ex officio prosecution of fraud and all felony property offences, including breach of trust against institutions of the financial sector. It also established the ex officio prosecution of all offences committed against the State or public law legal entities or local authorities’ bodies. The Explanatory Note on the Law notes, inter alia, that setting a criminal complaint as a requirement for the prosecution of fraud cases had created significant difficulties in practice (especially for legal entities with a complex corporate structure), including due to the suffocating three-month deadline.
Therefore, the initiative for prosecution of the above offences now lies (again) with the prosecutors, irrespective of the victims’ decision to pursue criminal proceedings. This development is reasonably expected to increase criminal proceedings for the relevant offences.
Alternative models for resolving criminal cases and plea bargaining
The enhancement of alternative mechanisms for resolving criminal cases has been in the focus of the legislature during recent amendments to Greek criminal law, aiming to accelerate criminal proceedings and reduce court congestion.
A number of provisions in the Greek CPP dictate that the prosecutors may abstain from the initiation of criminal proceedings for specific offences defined in law, if certain conditions are met by the suspect. Following enforcement of Law 5090/2024, the relevant decision lies with the prosecutor of the first instance court, acting with the consent of the appeals court prosecutor.
In brief, Article 45, paragraph 2 of the CPP stipulates that the prosecutor of the first instance court, acting with the approval of the appeals court prosecutor, may abstain from the initiation of criminal proceedings in the case of misdemeanours that are punishable with a maximum of one year’s imprisonment, a pecuniary sanction, both imprisonment and pecuniary sanction or community service, if they deem that the prosecution of the alleged crime is not a serious matter of public interest or if there are special circumstances, such as the suspect’s efforts at reparation.
Under Article 48, paragraph 1 of the CPP, the prοsecutor of the first instance court – acting with the consent of the appeals court prosecutor – may abstain from the initiation of the criminal proceedings in the case of misdemeanours that are punishable with a maximum of three years’ imprisonment alone or combined with a pecuniary sanction, or community service, if the suspect agrees to comply with certain conditions, such as:
Article 48, paragraph 2 of the CPP concerns several crimes, such as forgery, embezzlement, breach of trust, fraud and certain other crimes that can be found in Greek special penal laws (eg, Tax Law No 4174/2013), where these are punished as misdemeanours. It instructs that the prosecutor of the first instance court, acting with the consent of the appeals court prosecutor, has the discretion not to prosecute the suspect on the condition that the damaged party will be fully compensated. This procedure cannot be used twice in favour of the same suspect for similar offences.
Article 49 of the CPP concerns the aforementioned crimes when they are punished as felonies. The prosecutor of the first instance court, acting with the consent of the appeals court prosecutor, may abstain from the initiation of criminal proceedings if the suspect proceeds to the full reparation of the alleged damages, under the condition that they do not commit a felony or misdemeanour of the same nature for three years following the prosecutor’s non-prosecution order.
The above provisions may be applicable even after prosecution has started and the defendant has been referred to trial. In such cases, the relevant decision lies with the court, following the prosecutor’s recommendation.
Based on publicly available information, the above provisions are very rarely applied in practice. It is worth noting that, in August 2022, the Supreme Court’s Prosecution issued a Circular addressing the importance of the provisions of Article 45 para 2 and Article 48 para 1 of the CPP in resolving criminal cases lacking strong public interest. It urged prosecutors to apply these provisions when deemed appropriate and to report to the Supreme Court’s Prosecution on their application on a six-month basis.
A similar Circular was recently issued by the Supreme Court’s Prosecution concerning the application of the provisions on plea bargaining. Depending on the seriousness of the offence (whether it is a misdemeanour or a felony) and the stage of the proceedings (before investigation or after the case is referred to trial), there are certain mechanisms for plea bargaining or settlement based on compensation for damage, which may end criminal proceedings or provide legal grounds for non-punishment or leniency.
For example, Article 301 of the CPP provides that, if criminal proceedings are initiated for particular felonies (eg, forgery, embezzlement, fraud, breach of trust, tax evasion) and, prior to the closing of the main investigation, the defendant pleads guilty and compensates for all damage resulting from such felonies, the maximum penalty to be imposed by the court is one year’s imprisonment, or two years if aggravating circumstances are applicable.
If the defendant pleads guilty and compensates for damages after the closing of the main investigation, according to Article 302 of the CPP, the court will treat the defendants with leniency (the maximum penalty is two years’ imprisonment, or three years if aggravating circumstances are applicable). The provision of Article 302 of the CPP is also applicable for certain offences, including forgery, money laundering and tax evasion, when they are punishable as misdemeanours; the maximum penalty in such cases is six months’ imprisonment, or 12 months if aggravating circumstances are present.
Article 303 of the CPP provides for the mechanism of sentence bargaining for all the offences that are prosecuted ex officio, with the exception of felonies that are punishable with life imprisonment, felony sexual offences and felony acts of terrorism. The process presupposes that the defendant pleads guilty, and its scope can only be the sentence of the alleged offence. The agreed sentence depends on the seriousness of the crime and the culpability of the defendant, as well as his or her personality and economic resources. It cannot exceed the following limits:
Prior to the amendment of the Greek CPP by virtue of Law 5090/2024, the initiative for the sentence bargaining process under Article 303 of the CPP presupposed a request by the defendant. The new provision establishes a new step where prosecutors can summon the defendant to explore potential sentence bargaining at the same time as a defendant receives a court subpoena. In view of that provision, in February 2025 the Supreme Court’s Prosecution issued a Circular on the application of provisions enhancing alternate justice models and restorative justice, such as plea bargaining, noting that they are rarely applied in practice. The Circular emphasises their importance in accelerating criminal proceedings and ensuring more direct compensation of victims of financial crimes, and urges prosecutors to take the initiative for their application. Furthermore, prosecutors were asked to provide specific information on the application of relative provisions and to report every six months in this regard.
This is an additional example indicating that it may take considerable time for new provisions to have an observable impact. Time will show if the above Circular will enhance the application of the plea bargaining mechanism.
Corporate liability for specific offences
Greece is one of the few EU states whose legal system does not recognise corporate criminal liability. According to Greek law, criminal liability presupposes that the actus reus of the offence is covered by the mens rea – ie, dolus (intent) or negligence of the perpetrator; hence, legal entities cannot be held criminally liable nor subject to criminal sanctions, although administrative sanctions may be applicable – eg, in cases of anti-money laundering law violations.
By virtue of Articles 134 and 135 of Law No 5090/2024, quasi-criminal proceedings are established against legal entities exclusively for certain bribery offences. Reference to these Articles is also made in the new Law 5232/2025, which was issued on 22 September 2025 and refers, inter alia, to criminal offences and penalties for the violation of EU restrictive measures.
General rule
If a company is under scrutiny for potential criminal offences related to its business, criminal investigation focuses on the company’s legal representatives appointed by virtue of the articles of association and/or board of directors’ decisions delegating the authority of representation to the CEO and/or other executives.
The time of commission of a criminal offence is crucial in identifying potential suspects or defendants; the management of a company cannot be held liable for acts or omissions that took place prior to or after their tenure. Thus, potential criminal liability risk under Greek jurisdiction concerns the legal representatives of the company at the time of the offence, as opposed to the previous or subsequent management or the company itself.
Bribery offences
For certain specific bribery offences, Articles 134 and 135 of Law 5090/2024 dictate, inter alia, the following.
If active bribery of judges, politicians, public officials, etc, or being an accessory thereto, is committed on behalf or for the benefit of a legal entity by a person acting individually or as a representative of the legal entity, a fine ranging from EUR50,000 to EUR10 million is imposed on the legal entity. The fine may reach double the annual pre-tax net earnings of the legal entity, if the latter exceeds EUR10 million.
The Law also establishes liability in cases where insufficient supervision allowed for the commission of bribery on behalf or for the benefit of the legal entity by lower-level employees or assignees. The fine may range from EUR10,000 to EUR5 million, or be equal to the annual pre-tax net earnings of the company if the latter exceeds EUR5 million. Further sanctions are possible, including permanent or temporary revocation or suspension of an operating licence, or disqualification from business activities.
If criminal charges are brought for such bribery offences, the above sanctions are imposed by the competent court, irrespective of any conviction of natural persons, and even if prosecution against natural persons has stopped or has been declared inadmissible during pre-trial proceedings. The Law dictates that legal entities are party to the proceedings and have the rights granted to defendants. Sentence bargaining is possible and leads to lower fines and the exclusion of further sanctions.
The provisions of Articles 134 and 135 of Law 5090/2024 raised several questions concerning the exact nature of the legal entities’ liability. As far as is known based on publicly available data, the provisions have not yet been tested in practice.
Violation of EU restrictive measures
In line with EU Directive 2024/1226 on the definition of criminal offences and penalties for the violation of EU restrictive measures, Greek Law 5232/2025 establishes criminal liability for specific acts or omissions stipulated therein, where they are intentional and in violation of a prohibition or an obligation that constitutes an EU restrictive measure or one that is set out in a national provision implementing an EU restrictive measure, where national implementation is required. Liability of legal entities for such offences is established by virtue of Articles 7 and 8 of Law 5232/2025, the latter referring, inter alia, to Articles 134 and 135 of Law 5090/2024.
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