GREECE Law and Practice Contributed by: Petros Machas, Dimitris Zanganas and Katerina Chrysi, Machas & Partners
of their duties, or involving legal entities governed by private law that have received grants or funding, jurisdiction for conducting investigations, preliminary examinations, and prosecutions lies with the Depart - ment of the Public Prosecutor for Financial Crime (Articles 33–36, CCP). The Financial Crime Prosecutor, bearing responsibil - ity for the supervision and direction of investigations, either personally or by issuing orders to general or special investigative officers (such as the Financial and Economic Crime Unit, the Directorate of Finan - cial Crime Investigations, and the Directorate of Eco - nomic Police) collects the evidentiary material which, depending on the degree of indications that arise, may subsequently lead to the initiation of prosecu - tion against the perpetrator. At the same time, for offences against the financial interests of the European Union (eg, fraud against the EU, subsidy-related fraud, and tax evasion), jurisdic - tion lies with the European Public Prosecutor’s Office. Other administrative, customs, police, or tax authori - ties have the duty and obligation to assist these pros - ecutorial authorities in the performance of their duties. 2.2 Initiation of Investigations The initiation of an investigation into a financial offence may begin by any means or in any manner. Financial cases of greater significance for the public interest typically arise from intelligence and investigations con - ducted by regulatory authorities – ex officio – whereas less serious cases may be initiated by private criminal proceedings, where individuals submitting a criminal complaint to the prosecutor. The Head Prosecutor of the Financial Crime Department is informed of all complaints or information that come to the attention of the local Public Prosecutors’ Offices and enforce - ment services (see 2.1 Investigative and Enforcement Authorities ) concerning offences within his jurisdic - tion. He evaluates and investigates this information, as well as any other relevant intelligence that comes to his knowledge by any means or method, prioritising those cases that seriously harm the interests of the Greek state and the European Union. If the complaint, information, or report is not support - ed by law, or is manifestly unfounded in substance, or
not amenable to judicial assessment, the Prosecutor may refrain from initiating prosecution and proceed to archive the case. 2.3 Investigatory Powers The Financial Crime Prosecutor is vested with extend - ed powers, including the ability to order and carry out special investigative measures. Subject to the princi - ple of proportionality, they may access any informa - tion or data necessary for the performance of their duties, without being bound by tax, banking, stock exchange, or other confidentiality rules. This access also extends to records held by public authorities pro - cessing personal data, in accordance with applicable traceability requirements. However, legal professional privilege is absolutely excluded from such access. Access to telecommunications data is permitted only under the specific conditions set by law, namely where it is necessary to establish the objective elements of a felony. Additionally, both the Financial Crime Pros - ecutor and the Independent Authority for Combating Money Laundering are vested with the power to order the freezing of assets. In particular, at the stage of the preliminary examination, they may, by means of a reasoned order, freeze bank accounts, the contents of safe deposit boxes, and assets in general (mov - able and immovable), for the purpose of safeguarding the interests of the state. The order does not need to specify any particular assets, is issued without prior hearing, and takes effect from the moment it is duly notified to the relevant authority or institution. The order may also be revoked or amended if new evi- dence arises, allowing the affected party or a third Τhe Greek Code of Criminal Procedure does not expressly regulate the use of AI or other advanced digital technologies – such as predictive analytics, big data analysis, or blockchain tracing – authorities may nonetheless make use of such tools in practice. As a general principle, any evidence that has been law - fully obtained is admissible in criminal proceedings and may be relied upon by both investigative authori - ties and the parties. Within this framework, enforce - ment bodies and appointed experts are permitted to use modern technological tools in a supportive role, provided that their use is scientifically substantiated party to challenge it again on that basis. 2.4 Use of Technology and Data
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