GREECE Law and Practice Contributed by: Ilias Anagnostopoulos and Alexandros Mezari, Anagnostopoulos
ance programmes according to specific legislation (eg, Law 4706/2020 on Corporate Governance) or the general principles of commercial law, such as the legality principle, duty of care, duty of diligence, duty of loyalty, etc. Regulatory bodies (eg, the Bank of Greece, the Hel - lenic Financial Intelligence Unit, the Capital Market Commission) have also issued relevant guidelines, which may be applicable to certain regulated entities. It should be noted that heads of departments, inspec - tors or persons with decision-making or supervisory powers in the public sector, as well as directors of pri - vate entities or other persons with decision-making or supervisory powers in a company, may be criminally liable if they fail, through negligence, in their duties to prevent bribery (Articles 159A par. 3, 235 par. 4, 236 par. 3, 237 par. 3 of the Greek Penal Code). Public officials are obliged to report bribery to the authorities if they become aware of it in the course of their duties (Article 38 of the Greek Code of Criminal Procedure). The breach of this duty is punishable as a criminal offence. Monitoring and reporting are also obligatory in other areas (eg, the banking sector) according to regulatory provisions and the anti-money laundering legislation (Law 4557/2018). 3.4 Insider Dealing, Market Abuse and Criminal Banking Law Insider Trading and Relevant Offences Intentional insider trading can be committed by spe - cific persons that use inside information either to acquire or dispose of financial instruments or to can - cel or amend existing orders in relation to financial instruments, and is punishable, under special condi - tions, according to Article 28 of Law 4443/2016, by imprisonment of between one and 20 years. Moreover, Articles 29 and 30 of Law 4443/2016 pro - vide for criminal liability for: • an intentional recommendation on the conduct of financial transactions by using inside information; and
• an illegal disclosure of inside information. Market Manipulation
Intentional market manipulation – which can be com - mitted, inter alia, by executing a transaction or sending an order to execute a transaction or by disseminating misleading information in relation to financial instru - ments – is punishable by imprisonment of between one and 20 years under special conditions, according to Article 31 of Law 4443/2016. Law 4443/2016 is based on the terms and provisions of the European market abuse legislation. Criminal Banking Law In practice, one of the most important offences regard - ing banking business is a breach of trust (Article 390 of the Greek Penal Code; see 3.1 Criminal Company Law and Corporate Fraud ). 3.5 Tax Fraud Intentional tax evasion, which can be committed by concealing income, etc, is punishable according to Article 79 of Law 5104/2024, if the tax evaded each year exceeds EUR100,000. In cases of intentional VAT evasion (eg, by not paying VAT or by receiving a VAT return through fraud), this limit is reduced to EUR50,000. Issuing and accepting counterfeit or fictitious tax records and similar acts are also considered tax offences. In relation to these tax offences, imprisonment for up to 20 years can be imposed, depending on the cir - cumstances of each case. 3.6 Financial Record-Keeping False registrations in accounting books, as well as relevant omissions, are punishable according to Law 5104/2024 (see 3.5 Tax Fraud ). Inaccurate or false record keeping or making inac - curate/false statements on the financial status of a company, etc, can also be a criminal offence under special provisions of commercial law (eg, under Law 4548/2018 regarding the Greek Société Anonyme or Law 4738/2020 on Bankruptcy).
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