The OECD Working Group on Bribery has serious concerns that recent steps taken by Greece may leave the country in breach of the OECD’s Anti-Bribery Convention. On 11 June 2019, Greece amended the Criminal and Criminal Procedure Codes. As a result, the main active bribery offence was converted from felony [1] to a misdemeanour, which is a less serious offence. The Working Group is concerned that this amendment may have far-reaching ramifications, ranging from the closure of ongoing corruption-related investigations and prosecutions, to possible hindrance of international cooperation in future cases and shorter limitations period. The Codes entered into force on 1 July 2019, having been adopted in the last session before Parliament was dissolved ahead of national elections, which took place on 7 July 2019.
The OECD Working Group on Bribery will conduct a supplementary Phase 3ter review of Greece, with an on-site visit in the fall of 2019 and the publication of an evaluation report in December 2019.[2] The evaluation will be conducted jointly with the Council of Europe Group of States against Corruption (GRECO), which also decided to carry out an urgent evaluation of Greece’s amendments to its Criminal Code. Depending on the results of this evaluation, the OECD Working Group may decide that further appropriate measures are necessary, including the possibility of a High Level Mission to Greece. The OECD Working Group has also agreed to issue a letter that will be sent to the Greek Prime Minister. The letter will outline serious concerns about the potential impact of the revised anti-corruption criminal measures.
This is the second time the Working Group has decided to undertake a supplementary examination of Greece. In 2012, Greece failed to promptly investigate a significant foreign bribery case and to provide timely information on its anti-bribery efforts, and, as a result, the Working Group on Bribery conducted a Phase 3bis evaluation in 2015.