Greece: White Collar Crime

This country-specific Q&A provides an overview of White Collar Crime laws and regulations applicable in Greece.

  1. What are the key financial crime offences applicable to companies and their directors and officers? (E.g. Fraud, money laundering, false accounting, tax evasion, market abuse, corruption, sanctions.) Please explain the governing laws or regulations.

  2. Can corporates be held criminally liable? If yes, how is this determined/attributed?

  3. What are the commonly prosecuted offences personally applicable to company directors and officers?

  4. Who are the lead prosecuting authorities which investigate and prosecute financial crime and what are their responsibilities?

  5. Which courts hear cases of financial crime? Are trials held by jury?

  6. How do the authorities initiate an investigation? (E.g. Are raids common, are there compulsory document production or evidence taking powers?)

  7. What powers do the authorities have to conduct interviews?

  8. What rights do interviewees have regarding the interview process? (E.g. Is there a right to be represented by a lawyer at an interview? Is there an absolute or qualified right to silence? Is there a right to pre-interview disclosure? Are interviews recorded or transcribed?)

  9. Do some or all the laws or regulations governing financial crime have extraterritorial effect so as to catch conduct of nationals or companies operating overseas?

  10. What are the rules regarding legal professional privilege? Does it protect communications from being produced/seized by financial crime authorities?

  11. What rights do companies and individuals have in relation to privacy or data protection in the context of a financial crime investigation?

  12. Is there a doctrine of successor criminal liability? For instance in mergers and acquisitions?

  13. What factors must prosecuting authorities consider when deciding whether to charge?

  14. What is the evidential standard required to secure conviction?

  15. Is there a statute of limitations for criminal matters? If so, are there any exceptions?

  16. Are there any mechanisms commonly used to resolve financial crime issues falling short of a prosecution? (E.g. Deferred prosecution agreements, non-prosecution agreements, civil recovery orders, etc.) If yes, what factors are relevant and what approvals are required by the court?

  17. Is there a mechanism for plea bargaining?

  18. Is there any requirement or benefit to a corporate for voluntary disclosure to a prosecuting authority? Is there any guidance?

  19. What rules or guidelines determine sentencing? Are there any leniency or discount policies? If so, how are these applied?

  20. In relation to corporate liability, how are compliance procedures evaluated by the financial crime authorities and how can businesses best protect themselves?

  21. What penalties do the courts typically impose on individuals and corporates in relation to the key offences listed at Q1?

  22. What rights of appeal are there?

  23. How active are the authorities in tackling financial crime?

  24. In the last 5 years, have you seen any trends or focus on particular types of offences, sectors and/or industries?

  25. Have there been any landmark or notable cases, investigations or developments in the past year?

  26. Are there any planned developments to the legal, regulatory and/or enforcement framework?

  27. Are there any gaps or areas for improvement in the financial crime legal framework?