Η απιστία κατά πιστωτικών ιδρυμάτων - Νομική και οικονομική ανάλυση του ζητήματος
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Απιστία ; Πιστωτικά ιδρύματαAbstract
After decades during which there had been no substantial changes to the Greek Criminal Code and the Greek Code of Criminal Procedure, since the summer of 2019 extensive amendments have been made that changed the criminal doctrine in a significant way.
Without even having time to digest the changes that occurred in the summer of 2019, Law 5090/2024 (Government Gazette A' 30/23.2.2024) introduced radical amendments to a series of criminal provisions resulting in further tightening of the existing framework regarding the prosecution of a series of criminal offences, the penalties imposed and the way they are served.
While the introduction of the criminal prosecution of a series of property criminal offences had already been enacted since July 2019, one of the most important changes made to the new Penal Code in force until the enactment of Law 5090/2024 occurred in November 2019; it extended the requirement of a criminal complaint also to the prosecution of the criminal offence of breach of trust when committed against banking institutions, thus, when the prosecution fell on the bank executives themselves and any accomplices.
The need to regulate the operation of the country's prosecutors’ offices and courts during the Covid-19 pandemic and the rudely - and in my opinion unnecessarily - introduced provision regarding the non-subjection of the deadline for the submission of the so-called "continuation statement" for the criminal offence of breach of trust against banks to the mandatory suspension of deadlines imposed at the time, was the "straw that broke the camel's back" after reactions already expressed by certain judges and prosecutors.
As a result, judicial activism manifested itself through the issuance of a series of judicial decisions referring to the non-constitutionality of the provision that established the prosecution of breach of trust against banks only after the filing of a criminal complaint by the bank itself, thus "freezing" the development of a number of cases of banking breach of trust.
After quite some time, the Supreme Court found that the provision establishing the prosecution of breach of trust when committed by bank executives only after the filing of a criminal complaint was in accordance with the Greek Constitution. In this way, an end was then put to the “thriller” that unfolded about a series of banking breach of trust cases that had been pending for a long time in pre-trial proceedings or before criminal courts.
The subject of this study is the analysis (from a legal and economic point of view) of the criminal offence of breach of trust directed against credit institutions and the illustration of the most beneficial option regarding the way of initiating the criminal prosecution of the criminal offence in question.
It should be noted that following the recent amendments to the criminal codes introduced by Law 5090/2024, the provision that introduced in November 2019 the criminal prosecution of breach of trust directed against bank executives only after the filing of a criminal complaint was repealed, resulting in the reinstatement of ex officio prosecution of the criminal offence of breach of trust when committed against banks.
This study refers to the regime before the amendment introduced by Law 5090/2024 in order to highlight the views and strong disagreements that were expressed and which obviously led to the further amendment of the relevant provision in its old form (ex officio prosecution of felony breach of trust in any form) by Law 5090/2024.
Postgraduate Studies Programme
Δίκαιο και ΟικονομίαDepartment
Σχολή Οικονομικών, Επιχειρηματικών και Διεθνών Σπουδών. Τμήμα Οργάνωσης και Διοίκησης ΕπιχειρήσεωνNumber of pages
77Language
GreekCollections
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Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα
Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα