GREECE Law and Practice Contributed by: Ilias Anagnostopoulos and Alexandros Mezari, Anagnostopoulos
1. Criminal Law 1.1 Criminal Offences
in a criminal organisation is a continuous offence and, therefore, the limitation period does not begin until the perpetrator leaves the organisation. Special criminal statutes may include different provi - sions in relation to limitation periods. 1.4 Extraterritorial Reach and Cross-Border Co-Operation Greek criminal law is applicable (ie, Greek courts have jurisdiction over the offence) to a serious crime or mis - demeanour that was committed in a foreign state by a Greek citizen or by a foreign national against a Greek citizen, subject (in both cases) to the condition of dual criminality, according to which the offence must also be punishable under the law of the state where it was committed, taking into account the specific circum - stances of the case. However, in some cases, Greek criminal law is appli - cable regardless of the law of the state of commission (principle of universal jurisdiction) – eg, for offences committed by or against Greek public officials, drug trafficking, human trafficking or offences relating to the currency. Participation in a criminal organisation is punishable under Greek law – regardless of the law of the place of commission – if the offence was committed abroad by a Greek national or against a Greek citizen or a legal person headquartered in Greece or against the Greek State. Money laundering committed in a foreign state by a Greek citizen is punishable under Greek law regard - less of the law of the place of commission. It is also punishable if committed in a foreign state for the ben - efit of a legal person or entity having its registered office or place of business in Greece. Greece is party to many bilateral or multilateral extradi - tion treaties, and the European Arrest Warrant and the European Investigation Order are applied in Greece. The Greek judicial authorities co-operate with for - eign judicial authorities and numerous cross-border enforcement authorities, such as Interpol, Europol and
According to the Greek Criminal Code, offences (acts or omissions) are classified into two categories depending on the type and severity of the applicable penalties: • serious crimes; and • misdemeanours. The objective constitutive elements of each offence are described in the law, according to the constitution - al principle of nullum crimen, nulla poena sine lege. Both categories of offences are punished if they are committed intentionally. Misdemeanours shall also be punished if they are committed negligently, but only in cases where this is expressly provided for by law. Attempted offences are subject to less severe penal - ties. 1.2 Burden of Proof Criminal conviction requires proof beyond reasonable doubt. The judicial authorities bear the burden of prov - ing the guilt of the defendant, who is presumed inno - cent until a final conviction by the competent criminal court. Reasonable doubts on guilt must result in an acquittal (in dubio pro reo principle). 1.3 Statute of Limitations The prosecution of serious crimes is time-barred after 20 years if the penalty prescribed by law is life impris - onment or if the crime is directed against the prop - erty of the Greek State. Other serious crimes have a 15-year statute of limitations. The period of limitation begins on the day the offence was committed, is sus - pended for five years after indictment, and runs again from when it stopped after the end of the five-year suspension. Misdemeanours have a five-year statute of limitations, with a possible suspension of three years after indict - ment. In the case of a continuous offence, the limitation time does not begin until the perpetrator stops committing the offence. For example, the offence of participation
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