GREECE Law and Practice Contributed by: Ilias G. Anagnostopoulos and Padelis V. Bratis, ANAGNOSTOPOULOS
Default Judgments In civil proceedings, the absence of any of the litigants (who is not represented by a lawyer) has the following consequences. • In the absence of the plaintiff, the filed action is automatically rejected (Article 272 GCCivP). • In the absence of the defendant, who has been properly summoned, the court considers that the claims of the plaintiff are true (Article 271 GCCivP). If the defendant appears and accepts the content of the plaintiff’s action, the court issues a judgment according to said acceptance (Article 298 GCivC). In criminal proceedings, the court may proceed with the adjudication of the case even in the absence of the defendant (who is not represented by a lawyer), provided the latter has been legally summoned and there are no other circumstances that could justify the postponement of the trial (Article 340 GCCP). 2.7 Rules for Pleading Fraud Whether in civil or criminal proceedings, pleading fraud requires a solid factual basis, accompanied by adequate evidence. More specifically, the following applies. Pleading Fraud in Civil Proceedings Article 216 GCCivP stipulates that a lawsuit must con - tain, inter alia, a clear statement of the facts which, in accordance with the law, justify such action and its submission by the plaintiff against the defendant. In practice, civil courts place considerable emphasis on this provision and often reject civil actions that are not detailed and precise. Concerning proprietary claims (such as fraud claims), the monetary value of the object in question must also be specified. Pleading Fraud in Criminal Proceedings The existence of adequate evidence is a crucial pre - requisite for the initiation and progress of standard criminal procedure. In this context, the prosecutor may dismiss vague criminal complaints or allegations that do not have a concrete legal basis (Article 43 GCCP).
Similarly, the judicial council handling a criminal case following the conduct of a main investigation may choose to not make a referral of said case to trial, if criminal charges are not corroborated by adequate evidence (Article 308 GCCP). 2.8 Claims Against “Unknown” Fraudsters It is not possible to file a civil action against unknown litigants. According to Articles 118 and 216 GCCivP, a civil action should at least contain: • the names and addresses of the litigants; • the court to which the action is addressed; and • the particulars of the claim. On the contrary, a criminal complaint can be submit - ted even against unknown perpetrators. Further pro - gress of the proceedings shall be suspended until the alleged perpetrators are identified. 2.9 Compelling Witnesses to Give Evidence Please see 2.1 Disclosure of Defendants’ Assets and 2.3 Obtaining Disclosure of Documents and Evidence From Third Parties . 3. Corporate Entities, Ultimate Beneficial Owners and Shareholders 3.1 Imposing Liability for Fraud on a Corporate Entity Civil Liability A civil lawsuit against both the individual perpetrator and the legal entity (on behalf of which the defend - ant had acted) is in line with the relevant provisions on the jurisdiction of Greek courts (Articles 74 and 76 GCCivP in conjunction with Articles 334 and 922 GCivC). The sole adequate prerequisite for such an action is that the wrongful behaviour of the company’s director or officer occurred during the performance of their duties. Criminal Liability As a rule, only individuals can be held criminally liable under Greek law. In certain cases, corporate conduct may be sanctioned, especially in the context of anti- corruption, anti-money laundering and anti-cartel, and sanctions legislation, when it is linked with positive
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