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The preventive role of the judiciary in protecting the financial interest of the European Union.
A comparative analysis for improved performance
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4.2.
Principal and accessory criminal sanctions for legal persons committing fraud,
corruption, money laundering and crimes against the EU financial interest
As presented, the four cases studied have very different characteristics of corporate liability, and as a
consequence different sanctioning models.
4.2.1.
The Greek case
The administrative sanctions imposed on legal persons when they are liable together with a natural
person for fraud, corruption, money laundering or other similar criminal offences depend on whether the
legal person is an “obligated legal person” or not. “Obligated legal persons” are provided in article 5 of
Greek Law 3691/2008 and include among others credit institutions, financial institutions, venture capital
companies, companies providing business capital etc.
Hence, according to article 51, paragraph 1, section a’ of Greek Law 3691/2008, as amended, obligated
legal persons may be punished cumulatively or alternatively with:
-
An administrative fine of EUR 50.000 up to EUR 5.000.000; the administrative fine shall always
apply regardless of the imposition of other sanctions.
-
Final or provisional (1 month up to 2 years period) withdrawal or suspension of the permit for
the operation of the legal person or prohibition of carrying out its business.
-
Prohibition of carrying out specific business activities or of establishing branches or of capital
increase for the same period of time.
-
Final or provisional exclusion
from public grants, aids, subsidies, awarding of contracts for
public works or services, procurement, advertising and tenders of the public sector or of the
legal persons belonging to the public sector.
According to article 51 paragraph 1, section b’ of Greek Law 3691/2008 (as amended), non-obligated legal
persons may be punished cumulatively or alternatively with:
-
An administrative fine of EUR 20.000 up to EUR 2.000.000.
-
Final or provisional (1 month up to 2 years period) withdrawal or suspension of the permit for
the operation of the legal person or prohibition of carrying out its business.
-
Prohibition of carrying out specific business activities or of establishing branches or of capital
increase for the same period of time.
-
Final or provisional exclusion from public grants, aids, subsidies, awarding of contracts for
public works or services, procurement, advertising and tenders of the public sector or of the
legal persons belonging to the public sector.
Moreover, it should be noted that according to paragraph 2 of article 51 of Greek Law 3691/2008, when
the commission of the crime by a natural person for the benefit of a legal person was made possible due
to the lack of supervision or control, the following sanctions apply, cumulatively or alternatively: an
administrative fine of EUR 10.000 up to EUR 1.000.000 for obligated legal persons and an administrative
fine of EUR 5.000 up to EUR 500.000 for non-obligated legal persons.
In addition, the legal person may be subject to: