Recommendation v. GRECO recommended to incriminate more broadly bribery of domestic, foreign and international members of public assemblies, in accordance with Articles 4, 6 and 10 of the Criminal Law Convention (ETS 173), in particular as regards the “giving” and “receipt” of an undue advantage, intermediaries, third party beneficiaries and the scope of the bribe-taker’s actions/omissions. It is recalled that this recommendation was assessed as partly implemented in the Compliance Report and, following further improvements, the recommendation remained partly implemented in the Second Interim Compliance Report; GRECO welcomed the amended Articles 159 and 159A of the Penal Code (PC) and stated the following: “[A]ctive and passive bribery of a member of parliament or local council “in relation to any election or vote” if it impels him/her to refrain from taking part in an election or vote, support a specific issue subject to vote or vote in a certain way falls under the scope of new Articles 159 and 159A PC, whereas cases not related to the performance of legislative functions are covered by the general provision of Article 235 PC. As concerns foreign and international members of public assemblies, active and passive bribery in their regard is criminalised by virtue of new paragraph 2, Article 263A PC, which makes them subject to new Articles 235 (1) and (2) and 236 PC. Despite these noticeable improvements, several gaps can be observed in Article 159, paragraph 2 on passive bribery of members of parliament. Thus, references are only made to the “acceptance of an offer or a promise” or a “request” of an undue advantage, with the element of “receipt” still being omitted. The possibility for the benefit to be received indirectly, through an intermediary, has also been overlooked. GRECO concludes that further steps need to be taken in order to criminalise more broadly bribery of domestic, foreign and international members of public assemblies, particularly as regards the “receipt” of an undue advantage and intermediaries.” The Greek authorities have not submitted new substantial information in respect of this recommendation. GRECO concludes that recommendation v remains partly implemented.
Recommendation v. GRECO recommended to incriminate more broadly bribery of domestic, foreign and international members of public assemblies, in accordance with Articles 4, 6 and 10 of the Criminal Law Convention (ETS 173), in particular as regards the “giving” and “receipt” of an undue advantage, intermediaries, third party beneficiaries and the scope of the bribe-taker’s actions/omissions. It is recalled that this recommendation was assessed as partly implemented in the Compliance Report and, following further improvements, the recommendation remained partly implemented in the Second Interim Compliance Report; GRECO welcomed the amended Articles 159 and 159A of the Penal Code (PC) and stated the following: “[A]ctive and passive bribery of a member of parliament or local council “in relation to any election or vote” if it impels him/her to refrain from taking part in an election or vote, support a specific issue subject to vote or vote in a certain way falls under the scope of new Articles 159 and 159A PC, whereas cases not related to the performance of legislative functions are covered by the general provision of Article 235 PC. As concerns foreign and international members of public assemblies, active and passive bribery in their regard is criminalised by virtue of new paragraph 2, Article 263A PC, which makes them subject to new Articles 235 (1) and (2) and 236 PC. Despite these noticeable improvements, several gaps can be observed in Article 159, paragraph 2 on passive bribery of members of parliament. Thus, references are only made to the “acceptance of an offer or a promise” or a “request” of an undue advantage, with the element of “receipt” still being omitted. The possibility for the benefit to be received indirectly, through an intermediary, has also been overlooked. GRECO concludes that further steps need to be taken in order to criminalise more broadly bribery of domestic, foreign and international members of public assemblies, particularly as regards the “receipt” of an undue advantage and intermediaries.” The Greek authorities have not submitted new substantial information in respect of this recommendation. GRECO concludes that recommendation v remains partly implemented.
Greco%20RC-III_Final%20Greece%203rd%20interim.docx