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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
27
-
as an administrative sanction by the Financial and Economic Unit of the Greek tax authorities
(SDOE) in accordance with the Greek anti-money laundering legislation,
-
by a common Ministerial decision of the Ministers of (a) Finance and Growth, (b) Tourism, (c)
Justice, Transparency and Human Rights and (d) Infrastructure, Transportation and Networks in
public procurement procedures, in accordance with Greek Law 4412/2016 (article 74 paragraph
3).
4.4.
Sanctioning in practice
The deterrent effect of criminal sanctions can be achieved if two conditions are met: wise legislative
provisions and actual implementation of the rules. However, both the level of fines and the number of
convictions of legal persons in the studied national cases are low and don’t have sufficient dissuasive
effect.
Comparing the number of legal entities sanctioned by criminal courts for corruption crimes, frauds,
money laundering, crimes against the financial interest of the European Union (
as presented in Annex 1
),
in the three cases analysed where legal persons are criminally liable: Italy, Lithuania and Romania, one
can see only a handful of legal persons have been punished in the last four years.
Table 1. Statistical data on sanctions applied to legal persons in Italy, Lithuania and Romania
Italy
Lithuania
Romania
2013
2014
2015
2016
2013
2014
2015
2016
2013
2014
2015
2016
Total number of legal entities
sanctioned for corruption crimes
2
3
3
6
5
3
0
0
6
4
14
13
Total number of legal entities
sanctioned for money laundering
0
0
0
0
0
0
0
0
0
0
0
0
Total number legal entities sanctioned
for fraud (domestically incriminated)
6
6
4
11
10
13
10
3
0
0
0
0
Total number of legal entities
sectioned for crimes against financial
interest of European Union
0
0
0
0
na
na
na
na
The statistics available
cover
all
criminal
offences regulated by
Law no. 78/2000 (see
the first line of the
table).
Number of sanctions of exclusion from
public procurement applied to legal
entities
10
27
8
0
na
na
na
na
No statistical data
available.
Number of sanctions of exclusion from
public procurement applied to legal
entities which committed corruption
crimes
7
12
0
0
na
na
na
na
No statistical data
available.
Number of sanctions of exclusion from
public procurement applied to legal
entities which committed money
laundering crimes
0
0
0
0
na
na
na
na
No statistical data
available.
Number of sanctions of exclusion from
public procurement applied to legal
entities which committed fraud
3
15
8
0
na
na
na
na
No statistical data
available.