Filing a Criminal Complaint for White-Collar Crimes in Greece
When dealing with white-collar crimes in Greece—such as fraud, embezzlement, or breach of trust—foreign individuals and companies may be surprised to learn that prosecution does not always begin automatically. In many cases, Greek law requires the injured party to actively file a criminal complaint (“egklisi”) within a strict deadline. Failing to do so can permanently bar prosecution of the offense. Understanding who has the legal standing to file such a complaint, how the process works, and how this differs from a general criminal report is essential for effectively protecting one’s legal and financial interests in Greece.
The Legal Nature of the Complaint and Its Personal Character
In the Greek legal system, the complaint (egklisi) has a dual legal nature: it is both a matter of substantive and procedural criminal law. From a substantive perspective, failure to file the complaint within the legal deadline extinguishes the criminal liability of the offender. From a procedural standpoint, the complaint is a prerequisite for initiating criminal prosecution in certain cases.
The right to file such a complaint is personal and exclusive to the immediate victim of the offense. If the complaint is not filed within the deadline, criminal prosecution becomes inadmissible. The “immediate victim” is the natural or legal person—domestic or foreign—that, at the time of the offense, held the legal interest protected by the violated criminal provision. Determining the rightful complainant is thus a question of fact, requiring an assessment of who was directly affected by the alleged criminal conduct.
Complaint vs. General Criminal Report
It is important to distinguish between a criminal complaint (egklisi) and a general criminal report (minysi). While anyone can file a criminal report, only the immediate victim may file a complaint in cases where such a filing is required by law. The complaint links the injured party directly to the harm caused by the offense, establishing a procedural condition for prosecution.
Specific Issues Related to the Right to File a Complaint
One of the most frequent white-collar crimes adjudicated in Greek courts is embezzlement. In such cases, the protected legal interest is ownership, and determining the rightful complainant requires identifying the legal owner of the embezzled asset according to Greek civil law.
In corporate settings, the ability to file a complaint depends on the company’s legal structure and articles of association. Matters can become particularly complex when the offense involves or is committed by a corporate officer or director, and questions may arise about who properly represents the injured legal entity.
Additional complexity is introduced by Greece’s new Bankruptcy Code, under which the bankruptcy trustee (syndikos) may have the right to file a complaint for crimes committed against the debtor prior to the declaration of bankruptcy. Special legal considerations also apply in cases involving offshore companies, where identifying the party entitled to file a complaint can be legally and jurisdictionally sensitive.
Conclusion
The determination of the party entitled to file a complaint in white-collar offenses is a critical aspect of criminal proceedings. Compliance with deadlines and proper filing of the complaint are essential to preserve the right of prosecution. Failing to do so may result in a case being dismissed as inadmissible.
For further information, you may refer to the legal analyses by Yiannis Papatriantafyllou, titled “The person entitled with the right of complaint concerning the white collar crimes” and “Legal Standing to Support the Prosecution and the Right to File a Criminal Complaint in Offenses Against Offshore Legal Entities”
Disclaimer: This publication is intended for informational purposes only and does not constitute legal advice. Professional legal guidance should always be sought before acting on any information contained herein.