GREECE Law and Practice Contributed by: Ilias G. Anagnostopoulos and Padelis V. Bratis, ANAGNOSTOPOULOS
wrongful act, provided that deceit (as a criminal act) has taken place against their interests protected by law (Articles 914 et seq GCivC). Alternatively, provisions for unjust enrichment (Articles 904 et seq GCivC) may also apply. 1.2 Causes of Action After Receipt of a Bribe In the event that an agent has received a bribe, the following causes of action apply. Criminal Law The agent would face accusations of passive bribery, following the submission of a pertinent criminal com - plaint (by the principal) or an ex officio prosecution. Criminal liability for breach of fiduciary duties is also not excluded, depending on the specifics of the case. Civil Law The injured party (ie, principal/company) may file an action in tort against the perpetrator (Article 914 in combination with Article 932 GCivC) for pecuniary and non-pecuniary damages. Civil liability of the perpetrator may also be sought on the basis of their pre-existing contractual obligations towards the principal/company. 1.3 Claims Against Parties Who Assist or Facilitate Fraudulent Acts Criminal Liability Instigation and complicity Anyone who instigates another person to commit a certain crime is punished as if they had directly per - petrated that offence (Article 46 GCC). Moreover, whoever assists the perpetrator, before or during the commission of a crime, is punishable with a reduced penalty, except if the accomplice provides direct assistance to the perpetrator for the commission of the crime. In the latter case, the court may impose on the accomplice the same penalty as that on the perpetrator (Article 47 GCC). Commission of separate offences The further receipt of fraudulently obtained assets (ie, following the completion of the fraud by the perpe - trator) is likely to give rise to criminal liability of the involved party (recipient), as follows.
• Acceptance and disposal of proceeds of crime (Article 394 GCC), which consists of the posses - sion of objects (or the earned gains from such objects) that were acquired through criminal acts. • (Anti-)money laundering legislation (Article 2 of Law 4557/2018), which prohibits the possession of property on condition that the recipient is aware that it was acquired through criminal acts. The notion of “criminal acts” includes certain offences (such as computer fraud and bribery), as well as any other crime, from which illicit financial pro - ceeds originate. Civil Liability An action in tort may be directed against more than one defendant at the same time, provided that the damage to the claimant was caused by the joint acts of more persons (Article 926 GCivC). The same provision applies even if simultaneous or consecutive actions of more persons have taken place to the disadvantage of the claimant but it has not been determined which of these has actually caused the damage. 1.4 Limitation Periods Criminal Law According to Article 111 GCC, prosecution of criminal offences is time-barred, beginning from the day they occurred, as follows: • felonies punishable with life imprisonment have a statute of limitations of 20 years, with a possible extension of another five years during pending proceedings before a trial court; • felonies punishable with up to 20 years of impris - onment have a statute of limitations of 15 years, with a possible extension of another five years dur - ing pending proceedings before a trial court; and • misdemeanours have a statute of limitations of five years, with a possible extension of another three years, similar to above. When it comes to certain financial crimes (eg, fraud, breach of fiduciary duties), the otherwise applicable statute of limitations (15 years) is extended to 20 years, on condition that the acts are directed against the property of the Greek State. Exceptional provi - sions as to the statute of limitations for certain criminal
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