GREECE Law and Practice Contributed by: Ilias Anagnostopoulos and Alexandros Mezari, Anagnostopoulos
If the embezzlement is directed directly against the Greek State, legal entities governed by public law or municipal authorities, and the value of the mov - able property exceeds EUR120,000, imprisonment of between ten and 20 years and a monetary penalty shall be imposed. Fraud by using computers (Article 386A) and fraud in relation to grants or subsidies (Article 386B) are also recognised. Breach of Trust (Article 390 of the Greek Penal Code) Breach of trust is committed when a person, in viola - tion of the rules of diligent management, knowingly causes damage to the property of another, of which he/she has custody or management (in whole or in part, or only for a specific act). Breach of trust is punished with imprisonment of up to five years; if the damage caused is major, the sanction is imprisonment of at least three months (up to five years) and a monetary penalty. If the damage caused exceeds EUR120,000, imprisonment of up to ten years and a monetary penalty shall be imposed. If the breach of trust is directed directly against the Greek State, legal entities governed by public law or municipal authorities, and the value of the dam - age exceeds EUR120,000, imprisonment of between ten and 20 years and a monetary penalty shall be imposed. 3.2 Bribery, Influence Peddling and Related Offences Bribery/influence peddling offences in Greece include the following. Bribery A public official who requests or receives any unlaw - ful benefit, directly or through a third party, for them - selves or for another person, or accepts the promise of such a benefit, for an action or omission related to or against their duties commits passive bribery according to Article 235 of the Greek Penal Code. Active bribery is committed by any person who prom - ises or gives to a public official, directly or through a
third party, any illegal benefit for an action or omission by the official related to or against their duties (Article 236 of the Greek Penal Code). Bribery in the public sector is punishable by imprison - ment of between one and 20 years and a monetary penalty, depending on the special circumstances of each case. The provisions may also apply in the case of bribery of foreign public officials. Bribery of Judges Active and passive bribery of judges is provided for by Article 237 of the Greek Penal Code. The offence is punishable by imprisonment of between five and 20 years and a monetary penalty, depending on the Bribery of political officials (Articles 159 and 159A of the Greek Penal Code) is punishable by imprisonment for between five and 20 years and a monetary penalty, depending on the circumstances of each case. Bribery in the Private Sector According to Article 396 of the Greek Penal Code, (active and passive) bribery in the private sector is punishable if it is committed in exchange for an action or omission in breach of one’s duties. Imprisonment of between one and five years and a monetary penalty can be imposed. Influence Peddling Exerting improper influence over officials is punishable under Article 237A of the Greek Penal Code. Impris - onment of up to five years and a monetary penalty can be imposed, depending on the circumstances of each case. 3.3 Anti-Bribery Regulation An obligation to implement specific compliance pro - cedures and anti-corruption measures exists in cer - tain areas (eg, the banking sector), for governmental authorities and other entities governed by public law. Moreover, private companies are also obliged to establish – as appropriate for each case – compli - circumstances of each case. Bribery of Political Officials
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