Fraud causing financial loss may trigger both criminal and civil remedies under Greek law. The two procedures serve different purposes: criminal proceedings concern the investigation and punishment of the offence, while a civil claim seeks compensation for the loss and, where the statutory requirements are met, monetary satisfaction for non-pecuniary harm.

Two Different Legal Bases Arising from the Same Conduct

Under Article 386 of the Greek Penal Code, fraud is committed where a person, seeking unlawful financial gain, damages another person’s property by inducing an act, omission or tolerance through the knowing presentation of false facts as true or the unlawful concealment or suppression of true facts.

The same conduct may establish civil liability for fraud in Greece under Article 914 of the Civil Code where unlawful and culpable conduct, damage and causation are proven. If the fraud concerns a legal transaction, Articles 147 et seq. of the Civil Code may also provide a right to annul that transaction. Annulment and damages are distinct remedies whose requirements must be examined separately.

What Changed in 2019: The Criminal Complaint Requirement

Prosecution of fraud under Article 386(1) requires a criminal complaint under Article 405 of the Penal Code. The complaint must be filed within three months from the date on which the entitled person learned both of the act and of the offender, or one of the participants, under Article 114.

Fraud causing total damage exceeding EUR 120,000 is a felony. Where such damage is caused directly to the Greek State, a public-law legal entity or a local authority, the special rule in Article 386(2) applies and prosecution is ex officio. The former criteria based on habitual or professional commission and a EUR 30,000 threshold are not elements of the current Article 386.

The injured party’s position in the criminal proceedings also changed with the current Code of Criminal Procedure:

How Compensation Is Claimed Today

An injured party may, where entitled, appear in the criminal proceedings in support of the prosecution. This does not replace a civil action and does not result in the criminal court awarding full compensation.

A civil claim may include, depending on the facts:

• actual financial loss;
• loss of profit, where proven to the required standard;
• statutory interest; and
• reasonable monetary satisfaction for non-pecuniary harm under Article 932 of the Civil Code.

Filing a criminal complaint does not by itself secure repayment. Equally, a prior criminal conviction is not generally a prerequisite for a civil compensation claim arising from fraud. The civil court evaluates the evidence under Greek civil-procedure rules. It is inaccurate to describe the Greek evidential system through the common-law formula “preponderance of the evidence”.

Why Civil Proceedings May Also Be Necessary

The proceedings are autonomous and may progress in parallel. Under Article 250 of the Code of Civil Procedure, the civil court may adjourn the hearing pending completion of criminal proceedings, but no automatic stay arises merely because a criminal case is pending.

Final criminal judgments and the presumption of innocence must be treated consistently with the Greek Constitution and the European Convention on Human Rights. It is therefore unsafe to state categorically that an acquittal is irrelevant to a later civil case. Its effect depends on the wording and finality of the judgment, the civil cause of action and the particular facts.

In practice, a parallel civil assessment matters because:

• supporting the prosecution does not replace a claim for full compensation;
• a civil claim may generally be brought without awaiting a prior criminal conviction;
• the action may include every proven financial claim and, where applicable, monetary satisfaction for non-pecuniary harm; and
• the criminal judgment is assessed in the civil case, but its effect depends on its content and finality and on the presumption of innocence.

Limitation: The Claim May Survive Longer Than Expected

Under Article 937 of the Civil Code, a tort claim is barred five years after the injured party learned of the damage and the person liable and, in all cases, twenty years after the act. If the tort also constitutes a criminal offence subject to a longer limitation period, that longer period also applies to the civil compensation claim.

The calculation cannot safely be made solely by labelling the conduct a misdemeanour or felony. The date of the act, transitional criminal law, any suspension or interruption, the injured party’s knowledge and the precise form of the offence must all be considered.

Frequently Asked Questions (FAQ)

Is a criminal complaint enough to recover my money?

No. The complaint initiates the criminal process. Full financial recovery is generally pursued by a separate civil action before the competent civil court.

Must I wait for the criminal trial to finish?

Not necessarily. The civil claim may be brought independently, although the civil court may adjourn the case where the statutory conditions are met.

What is the deadline for filing the complaint?

As a rule, three months from knowledge of both the act and the offender where the relevant form of fraud is prosecuted following a complaint.

How long do I have to bring a civil damages claim?

Under Article 937, the basic period is five years from knowledge of the loss and the liable person and, in all cases, twenty years from the act. A longer criminal limitation period may apply to the civil claim, but the precise calculation depends on the particular offence, its date and the applicable transitional law.

Can I claim compensation for non-pecuniary harm?

Yes, where the tort and the conditions of Article 932 are established. The court determines a reasonable amount.

Does a criminal acquittal always prevent a civil claim?

There is no universal answer. The content and finality of the criminal judgment, the legal basis of the civil claim and the requirements of the presumption of innocence must be examined.

Conclusion

Criminal prosecution and civil damages for fraud under Greek law serve different purposes and require distinct procedural steps. Particular care is required with the three-month complaint period, proof of loss and the calculation of limitation periods.