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Greece’s Anti-Bribery Laws and Regulations: A Comprehensive Overview

Introduction

The Greek government has implemented a robust legal framework to combat bribery and corruption, with various laws and regulations in place to prevent and prosecute these offenses. This article provides an overview of the key aspects of Greece’s anti-bribery laws and regulations.

Greece’s anti-bribery legislation is primarily based on the following laws:

  • The Greek Penal Code (Article 77-83) defines bribery as a criminal offense, punishable by imprisonment or fines.
  • The Law on Public Administration (Law 3156/2003) regulates public officials’ conduct and prohibits bribery.
  • The Companies Law (Law 3190/1955) sets out the rules for corporate governance and financial reporting.

Authorities with Jurisdiction

The following authorities have jurisdiction to investigate and prosecute bribery and corruption in Greece:

  • The Independent Authority for Public Revenue (AADE)
  • The Hellenic Police
  • The Greek Financial Crimes Squad (SDOE)
  • The Prosecutor’s Office

Definition of Bribery

Bribery is defined as the act of offering, giving, or receiving an undue advantage in exchange for a service, favor, or influence.

Public Officials and Private Persons

The law distinguishes between bribery of public officials and bribery of private persons. A public official is defined as any person who holds a position of authority or responsibility in a government agency, institution, or organization.

Liability

Both individuals and corporate entities can be held liable for bribery offenses.

Civil Consequences

The civil consequences of bribery and corruption offenses in Greece include:

  • Restitution
  • Damages
  • Fines

Criminal Consequences

The criminal consequences of bribery and corruption offenses in Greece include:

  • Imprisonment
  • Fines

Deferred Prosecution Agreements (DPAs)

Greece has introduced DPAs as a mechanism to resolve bribery and corruption cases without prosecution.

Hospitality, Travel, and Entertainment Expenses

There are restrictions on hospitality, travel, and entertainment expenses for public officials. The Law on Public Administration sets out specific guidelines for these expenses.

Political Contributions

Political contributions are regulated in Greece, with limits on the amount that can be donated to political parties.

Compliance Programs

Compliance programs can be a mitigating factor to reduce or eliminate liability for bribery offenses.

Government Guidance

The Greek government has published guidance on complying with anti-corruption and bribery laws.

Whistle-blowers

The law provides protection to whistle-blowers, who are entitled to anonymity and immunity from prosecution.

There have been recent developments in the enforcement of anti-bribery laws in Greece, including increased scrutiny of corporate entities and greater use of DPAs.

Judicial Review

Greece has a system of judicial review, which allows for challenges to government authority action and decisions.

Reforms

There have been no significant reforms in the area of bribery and corruption laws in Greece over the past 12 months. However, there are plans to introduce new legislation to strengthen anti-corruption measures.

International Conventions

Greece is a signatory to several international anti-corruption conventions, including the United Nations Convention Against Corruption (UNCAC).

Greece recognizes legal privilege in lawyer-led investigations and provides protection for internal investigations carried out by in-house counsel.