GREECE Law and Practice Contributed by: Petros Machas, Dimitris Zanganas and Katerina Chrysi, Machas & Partners
These provisions concern management and service- related offences (in particular, bribery of public officials or judges, as well as active trading in influence) and, for the first time, provide for sanctions against legal persons within the context of criminal proceedings. This development does not amount to the full recogni - tion of criminal liability of legal entities. Nevertheless, it constitutes a significant innovation in Greek criminal law, which, until now, provided only for administrative Financial crime cases, particularly those involving serious offences against the public interest (such as offences against the Greek state or the European Union, or involving public officials), are in principle required to be handled expeditiously. To this end, in addition to the Financial Crime Prosecutor’s Office, a Special Investigating Judge (under Law 4022/2011) has been established for serious felonies of major public interest. This judge, assisted by other investi - gators, experts, public officials, and the Anti-Money Laundering Authority, is tasked with conducting the investigation with priority and without delay, inter alia, to avoid the risk of limitation periods expiring. sanctions against companies. 4.2 Due Process and Bail In practice, however, financial crime cases often take longer to complete than other types of offences. This is mainly due to the large volume of case files, the complexity of financial, technical, and legal issues involved, the frequent need for expert reports, and the examination of specialised witnesses. As regards pre-trial detention, under the Code of Criminal Procedure it may be imposed during the pre- trial stage where there are serious indications of guilt, and only if less restrictive measures – such as elec - tronic monitoring, reporting obligations, or travel bans – are considered insufficient. It is primarily imposed in felony cases, particularly where there is a risk of absconding or reoffending, assessed on the basis of specific criteria (eg, lack of a known residence, prior conduct, or preparatory acts indicating flight risk). Pre-trial detention may also be ordered where the alleged offence carries severe penalties (including long-term or life imprisonment), has been committed
repeatedly, within a criminal or terrorist organisation, or involves a large number of victims, and where there is a justified risk of further offending. The seriousness of the offence alone is not sufficient to justify deten - tion. In any case, pre-trial detention may not exceed 12 months for the same offence, and only in exceptional circumstances, particularly for the most serious felo - nies – may it be extended up to a maximum of 18 months, within which time the case must be brought to trial. In financial crime cases of a felony nature, the sever - ity of the potential penalties allows for the imposi - tion of pre-trial detention. However, in “white-collar” cases, due to the profile of the defendants (typically established individuals, non-recidivists, with stable residence), investigative authorities more common - ly impose restrictive conditions or bail as sufficient measures to secure their appearance before the judi - cial authorities. 4.3 Public or State Funding Αppointment of a defence lawyer by the state, also known as Legal Aid, in criminal, civil, and adminis - trative proceedings in Greece is governed by Law 3226/2004. In criminal matters – particularly given the importance of personal liberty – legal aid operates as a key safe - guard of the right to legal protection, a fair trial, and the presumption of innocence. It applies across all offences, depending on their classification (felonies or misdemeanours). In felony cases, legal aid is provided automatically and without any means test. The state appoints a defence lawyer ex officio (unless the defendant expressly refuses), regardless of the defendant’s financial situa - tion, and no contribution is required from the accused. For less serious offences (misdemeanours), legal aid is subject to financial eligibility criteria. It is available to individuals with low income (Greek citizens, EU nationals, and third-country nationals lawfully resid - ing in Greece), upon application, provided that the offence carries a potential custodial sentence (typi -
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