GREECE Trends and Developments Contributed by: Ilias Anagnostopoulos and Constantina Akrida, Anagnostopoulos
Criminalising EU Sanctions Evasion and Prosecuting EU-Funds Fraud: Recent Developments in Greece and the EU Introduction
tice, this means that in the event of the adoption of a Directive under Article 83, TFEU, which seeks to punish a specific conduct, the national legislator is not allowed to choose a different means, eg, an admin - istrative sanction, nor to impose a milder penalty or to increase the threshold for criminal liability, thereby rendering the provision less stringent. Directive 2024/1226 served the need for uniform enforcement of Union sanctions against Russia. Indeed, under the pre-Directive regime – where each member state provided for different rules and pen - alties for sanctions violations – the phenomenon of “forum shopping” had been observed, that is, the vio - lators’ choice of the legal system with the most lenient regulatory framework in order to limit or entirely avoid the consequences of their actions. Furthermore, the adoption of Directive 2024/1226 was driven by the desire to make sanctions against Russia truly “painful”, so as to weaken its economic base and consequently limit its ability to wage war. Directive 2024 / 1226 The key provisions of Directive 2024/1226 can be summarised as follows. Directive 2024/1226 requires member states to crimi - nalise a wide range of conduct constituting violations of restrictive measures when committed intentionally. Such conduct includes: the release or failure to freeze funds or economic resources belonging to sanctioned persons; facilitating the entry of sanctioned persons into the EU; executing or continuing transactions with sanctioned entities; engaging in prohibited trade; pro - viding financial services in breach of EU sanctions; and circumventing sanctions, which includes, inter alia, concealing funds or providing false or mislead - ing information, and failing to comply with reporting requirements, etc. Directive 2024/1226, distinguishes between natural persons and legal entities and provides for the fol - lowing penalties. Individuals found criminally liable face imprisonment for a term of 1–5 years, while additional penalties may
In April 2026, the European Union (EU) approved its 20th package of sanctions against Russia, which includes stringent economic measures targeting key sectors that fuel Russia’s aggressive war against Ukraine. That same year, the European Public Pros - ecutor’s Office (EPPO) forwarded case files to the Hel - lenic Parliament relating to the possible involvement of Members of Parliament (MPs) in subsidies fraud in the agricultural sector. This case has been highly politicised as a multi-year scandal. These developments confirm that changes in the field of economic crime are rapid and continue to have high priority in legislative initiatives and law enforcement, both at European and national level. Sanctions The need to criminalise violations of EU sanctions Restrictive measures are a key tool in the European Union’s foreign and security policy toolkit. By their very nature, they act as a deterrent and a lever of pressure, aiming at countering activities that violate international law and the rule of law. The imposition of such measures against Russia has surpassed all previous records in numerical terms. However, the desired level of de-escalation of that country’s aggression against Ukraine has not been achieved, prompting the Union to seek more efficient solutions. In November 2022, the Council adopted a unanimous decision to include the violation of Union sanctions among the areas of “particularly serious crime with a cross-border dimension” defined in Article 83 (1) of the Treaty on the Functioning of the European Union (TFEU). This inclusion in the list paved the way for the criminalisation of the relevant acts. Notably, Article 83 (1) of the TFEU provides that the European Parliament and the Council of Ministers determine, through Directives, the minimum elements of the offenses it intends to punish, as well as the minimum level of the penalty to be imposed. In prac -
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