GREECE Law and Practice Contributed by: Petros Machas, Dimitris Zanganas and Katerina Chrysi, Machas & Partners
15 years in all other cases (save for offences directed against the financial interests of the State). For less serious offences (misdemeanours), the limitation peri - od is five years. These limitation periods may be sus - pended where criminal prosecution cannot be initiated or continued, for up to five and three years respec - tively. As a general rule, the limitation period com - mences at the time the offence is committed. In the case of continuing offences, where the perpetrator’s acts were aimed at achieving an overall result, the limi - tation period runs from the date of the last individual act constituting the ongoing criminal conduct. Civil claims for monetary compensation arising from tort, as provided under the Civil Code, must be brought within five years from the time the act was committed (irrespective of any criminal liability) and are, in any event, subject to a long-stop limitation period of 20 years. 1.5 Extraterritorial Reach and Cross-Border Co-Operation Under the Greek Criminal Code, jurisdiction primarily extends to offences committed within Greek territory, including those committed by foreign nationals, as well as on Greek vessels and aircraft (Article 5). Greek criminal law may also apply extraterritorially, subject to the principle of double criminality, in cases where offences are committed abroad by Greek nationals (Article 6) or by foreign nationals against Greek citi - zens (Article 7). In addition, foreign criminal judgments may be recognised (Article 11). Accordingly, financial crime laws can apply to conduct occurring outside Greece, particularly where there is a link to Greek nationality or interests. Such jurisdiction is, however, limited by the principle of ne bis in idem, precluding prosecution where a final judgment has already been rendered in another jurisdiction. Greece provides for international co-operation in financial crime matters through both EU mechanisms and international agreements. Within the European Union, co-operation is primarily effected through the European Arrest Warrant, which enables simplified and expedited surrender procedures between mem - ber states, as well as instruments of mutual legal assistance and information-sharing (such as the Euro - pean Investigation Order). In addition, co-operation is reinforced through institutions such as the Euro -
pean Public Prosecutor’s Office (EPPO), competent for offences affecting the EU’s financial interests, and agencies addressing organised crime, such as Europol. Beyond the EU, Greece participates in extra - dition and mutual legal assistance through bilateral and multilateral conventions, including the European Convention on Extradition, as well as agreements with third states (eg, the United States and Australia). Police co-operation and information exchange are further facilitated through international organisations such as Interpol. 1.6 Extradition and Prohibited Destinations Under Greek law, extradition is governed by the Con - stitution, the Code of Criminal Procedure, and appli - cable international instruments. As a rule, the Greek Constitution prohibits the extradition of Greek nation - als to non-EU countries. However, surrender of Greek citizens is permitted within the EU under the EAW framework, which provides a streamlined, judicially driven surrender procedure based on mutual recog - nition, with limited grounds for refusal, as well as in limited cases provided by international agreements. Extradition may be refused in cases of ne bis in idem, political offences, risk of fundamental rights violations, lapse of limitation periods, or lack of double criminal - ity. 2. Enforcement Architecture 2.1 Investigative and Enforcement Authorities According to the Code of Criminal Procedure Crimi - nal proceedings are initiated by the Public Prosecu - tor of the First Instance Court after receiving a notitia criminis and also have an active role in enforcement efforts. Prosecutorial authority ordering the investi - gating officers to conduct a preliminary examination to gather evidence, which will determine whether to prosecute or to dismiss the case. For serious economic, tax, or related offences, insofar as they are committed against the Greek state, legal entities governed by public law, the European Union, or a foreign state, or seriously harm the national econ - omy, as well as for felonies committed by Ministers or Members of the European Parliament in the exercise
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