Fraud Defence Lawyer Athens | Ziamparas Law Firm

Q: How can I avoid a conviction for fraud?

Fraud requires false representation of past or present facts, deception, pecuniary harm and intent to obtain unlawful benefit. Many cases collapse because they actually involve breach of agreement or a civil dispute. The defence examines whether there was a false representation, whether the defendant knew of its falsity, whether actual damage was caused and whether there is a causal link. The evidence is challenged and the statute of limitations is invoked. In many cases acquittal is achieved or the charge is reduced to a civil claim.

Q: Can I avoid punishment if I compensate the complainant?

Yes. If the defendant fully satisfies the injured party before being examined by an authority, criminal liability is extinguished (Article 406A para. 1 PK). If compensation is paid before criminal prosecution is initiated, the case is filed in the archive. In misdemeanor fraud, full compensation by the close of the evidentiary stage at first instance exempts the defendant from any punishment. Partial compensation reduces criminal liability proportionately. The timing and method of payment require legal handling.

Q: How long do criminal fraud proceedings last?

In its misdemeanor form, one to two years elapse before the first-instance judgment. In felony fraud the pre-trial stage lasts one to two years and is followed by trial before the Three-Member Court of Appeals for Felonies. On conviction an appeal is lodged with suspensive effect and the case is retried before the Five-Member Court of Appeals. The total proceedings up to a final and irrevocable judgment may reach three to five years, a period that often works in the defendant's favour.

Q: What documents do I need from the first meeting?

Required are the criminal complaint or the summons served, any summons for a defence statement and the case file. Also any document evidencing the actual relationship with the complainant: contracts, invoices, payment receipts, bank movements, messages, emails. In commercial disputes, delivery and performance records are valuable. In fraud upon the court cases, the judgments from the civil proceedings and the documents produced are required. The fuller the file, the stronger the defence.

What is fraud?

Fraud is punishable either as a misdemeanor, carrying imprisonment of 3 to 5 years, or as a felony, carrying imprisonment of 5 to 10 years. If a person, with the aim of obtaining for themselves or for another an unlawful pecuniary benefit, harms the property of another by inducing them to act, omit or tolerate something through the knowing presentation of false facts as true or the unfair concealment or suppression of true facts, that person is punished with imprisonment of at least three months Article 386 para. 1 subpara. 1 of the Penal Code (PK). If the damage caused is particularly substantial, the offender is punished with imprisonment of at least two years Article 386 para. 1 subpara. 2 PK. If the offender commits fraud professionally or habitually and the total benefit or total damage exceeds the sum of EUR 30,000, or if the pecuniary benefit or damage caused exceeds in total the sum of EUR 120,000, imprisonment of up to ten years is imposed Article 386 para. 3 PK.

ACQUITTAL JUDGMENT

Acquittal secured by our firm in a felony fraud case where the pecuniary benefit exceeded EUR 120,000, on appeal before the Five-Member Court of Appeals for Felonies, after the client had been found guilty at first instance. See the relevant criminal judgment Felony Fraud Acquittal Appeal Five-Member Court of Appeals

Examples of fraud

Criminal defence lawyer Dimitrios Ziamparas has handled numerous fraud cases: a) a classic instance of fraud is when a polite gentleman approaches and tells you he is from the police and that your son owes a certain sum, and the victims hand over the money to settle the non-existent debt (false representation as true). b) Likewise, if a debt did exist but had already been paid off and someone attempts to collect it again, concealing that it was settled, this would also constitute fraud (this time through the unfair suppression of a true fact). c) Fraud arises whenever a person persuades another to enter into a transaction by falsely presenting themselves as having a particular capacity, e.g. as a businessman, a person of considerable wealth and connections, or some other professional capacity (e.g. doctor, lawyer, real estate agent, insurer, stockbroker, etc.) which they do not in fact possess and the absence of which, had the counterparty known, would obviously have prevented them from transacting. d) Fraud (specifically fraud upon the court) arises whenever a litigant submits false evidence to the court (e.g. that they are the owner of a property when they are not), in order to mislead the judges into issuing a judgment favourable to themselves. e) Fraud is also committed by a car dealer who tampers with the odometer of a vehicle and shows the prospective buyer fewer kilometres than the vehicle has actually travelled, and so on.

In his long career as a criminal defence lawyer, Dimitrios Ziamparas has handled cases brought as fraud which were not in fact fraud: for instance, where a person genuinely holds the capacities they claim but fails to fulfil a promise they have undertaken, such as when one orders supplies or raw materials from someone who genuinely trades in them but who fails to deliver them on time or at all. Here we have a mere breach of contract, giving rise only to civil and not criminal claims. Even the issuance of a bounced cheque is not fraud, because it concerns the fulfilment of a future obligation, whereas in fraud the lie or the concealment of the truth must relate to the present. The same applies where one borrows money but fails to repay it: this does not constitute fraud, unless one told the lender a lie, e.g. that one was (definitely) due to receive money from elsewhere when this was not the case. Finally, it is not fraud when someone gives me money to purchase something on their behalf and I fail to make the purchase; however, if I do not return the money, I commit embezzlement, because I am unlawfully appropriating it. With his long-standing experience in criminal trials, criminal defence lawyer Dimitrios Ziamparas has succeeded in obtaining acquittals for clients in such cases.

The “facts” in fraud

“Facts” means actual events relating to the past or the present, and not those which are to occur in the future, such as mere promises or contractual undertakings. If mere promises or contractual undertakings are accompanied simultaneously by false assurances and representations of other false facts relating to the present or the past, in such a manner as to create the impression of future fulfilment based on a state of affairs falsely presented as already existing in the present by an offender who has the settled intention not to perform the obligation, the offence of fraud is established.

Fraud upon the court

Fraud may also be committed by misleading the court in civil proceedings, when a false allegation is submitted to it, supported by the production of knowingly false or untrue evidence Areios Pagos (Criminal) 318/2011, or of evidence that is genuine but false in its content (testimony of a perjurious witness, etc.) Areios Pagos (Criminal) 506/2017. False evidence also includes forged or altered documents AP (Criminal) 506/2017. Fraud upon the court is consummated when, on the basis of the false allegations and the production of untrue evidence, a judgment is issued in favour of the views of the perpetrator of the fraud and against the opposing party AP (Criminal) 318/2011. If no judgment is issued in favour of the views of the perpetrator of the fraud and against the opposing party, the fraud upon the court remains at the stage of attempt AP (Criminal) 318/2011. Fraud upon the court is also committed where the proceedings are conducted under a special procedure in which the court is not bound by rules of evidence regarding the means of evidence and their probative force AP (Criminal) 318/2011. The special procedure for lease disputes is one such procedure AP (Criminal) 318/2011.

Extinction of criminal liability

If the perpetrator of fraud fully satisfies the injured party, by their own free will and before being examined in any way for the act by the authorities, the criminal liability for fraud is extinguished Article 406A para. 1 sentence 1 PK. Partial satisfaction extinguishes criminal liability only to the corresponding extent Article 406A para. 1 sentence 2 PK. In the case of attempted fraud, a declaration by the victim or their heirs that they have been satisfied is sufficient Article 406A para. 4 PK Article 384 para. 4 PK. The declaration of the victim or their heirs that they have been fully satisfied applies to all participants, except those who declare that they do not accept it Article 406A para. 4 PKArticle 384 para. 5 PK.

Filing of the case in the archive

If the perpetrator of fraud fully satisfies the injured party before the criminal prosecution is initiated, by paying — provably or according to the declaration of the victim or their heirs — the principal and default interest, no criminal prosecution is initiated and the case is filed in the archive by a reasoned act of the misdemeanor public prosecutor Article 406A para. 2 PK. In the case of attempted fraud, a declaration by the victim or their heirs that they have been satisfied is sufficient Article 406A para. 4 PK Article 384 para. 4 PK. The declaration of the victim or their heirs that they have been fully satisfied applies to all participants, except those who declare that they do not accept it Article 406A para. 4 PK Article 384 para. 5 PK.

Exemption from punishment

If the perpetrator of misdemeanor fraud fully satisfies the injured party, by the close of the evidentiary stage at the first-instance court, by paying — provably or according to the declaration of the victim or their heirs — the principal and default interest, the perpetrator is exempted from any punishment Article 406A para. 3 PK. In the case of attempted misdemeanor fraud, a declaration by the victim or their heirs that they have been satisfied is sufficient Article 406A para. 4 PKArticle 384 para. 4 PK. The declaration of the victim or their heirs that they have been fully satisfied applies to all participants, except those who declare that they do not accept it Article 406A para. 4 PKArticle 384 para. 5 PK.

Civil party participation in fraud cases

The party directly harmed by the act of fraud, and entitled to participate as a civil claimant in the criminal proceedings seeking pecuniary compensation for moral damages, is the person who has suffered or is about to suffer the legal consequences of the fraud Areios Pagos (Criminal) 427/2009.

See also article Online Fraud
See also article Defamation
See also article Bodily Harm
See also article Narcotics
See also article Forgery
See also article Embezzlement
See also article Negligent Homicide
See also article Tax Evasion

FREQUENTLY ASKED QUESTIONS ABOUT FRAUD DEFENCE LAWYERS

1. What sentence do I face if I am charged with fraud?

Fraud is punishable either as a misdemeanor with imprisonment of at least three months, or in its more serious form with imprisonment of at least two years where the damage is particularly substantial. When committed professionally or habitually and the benefit or damage exceeds EUR 30,000, or where it exceeds EUR 120,000 in total, it is classified as a felony and imprisonment of up to ten years is imposed (Article 386 PK).

The final sentence rarely reaches the upper limit. With proper defence, recognition of mitigating circumstances (Article 84 PK), suspension of the sentence, conversion into a monetary penalty or community service, and — particularly in felony cases — reduction to misdemeanor status are pursued.

2. How can I avoid a conviction for fraud?

Fraud requires specific elements: false representation of past or present facts, deception, pecuniary harm and intent to obtain unlawful benefit. Many cases collapse because they actually involve breach of agreement, failure to fulfil a future promise or a civil dispute — none of which constitute fraud.

The defence examines whether there was in fact a false representation, whether the defendant knew of its falsity, whether actual damage was caused and whether the deception was causally linked to the damage. The evidence is also challenged and any statute of limitations is invoked. In many cases acquittal is achieved or the charge is reduced to a purely civil claim.

3. Can I avoid punishment if I compensate the complainant?

Yes — the law provides clear incentives. If the defendant fully satisfies the injured party before being examined by any authority, criminal liability is extinguished (Article 406A para. 1 PK). If compensation is paid before criminal prosecution is initiated, the case is filed in the archive by act of the public prosecutor (Article 406A para. 2 PK).

In misdemeanor fraud, even where the case reaches the courtroom, full compensation by the close of the evidentiary stage at first instance exempts the defendant from any punishment (Article 406A para. 3 PK). Partial compensation reduces criminal liability proportionately. The correct timing and method of payment are critical and require legal handling.

4. How long do criminal fraud proceedings last?

In its misdemeanor form, one to two years usually elapse between the filing of the complaint and the first-instance judgment, depending on the court’s caseload and the complexity of the case. In felony fraud, the pre-trial stage (main investigation, order of the council of appellate judges) lasts one to two years and is followed by trial before the Three-Member Court of Appeals for Felonies.

In the event of conviction, an appeal is lodged with suspensive effect and the case is retried before the Five-Member Court of Appeals. The total proceedings up to a final and irrevocable judgment may reach three to five years — a period that also works in the defendant’s favour, as it often leads to limitation by prescription or more favourable treatment.

5. What documents do I need from the first meeting?

Required are the criminal complaint or the summons that has been served, any summons for a defence statement or sworn examination, and the case file once compiled. Also any document evidencing the actual relationship with the complainant: contracts, invoices, payment receipts, bank movements, messages, emails, correspondence.

In commercial disputes that have escalated into criminal prosecution, delivery records, proof of performance or reasons for non-performance are valuable. In “fraud upon the court” cases, the judgments from the civil proceedings, the documents that were produced and any affidavits are required. The fuller the file, the stronger the line of defence.

6. What role does the lawyer play in a fraud case?

The criminal defence lawyer takes on the defendant from the preliminary investigation or main investigation stage, drafts the defence memorandum and shapes the strategy on the basis of the particular facts of the case. They pursue release from the felony charge or filing of the case in the archive, where the conditions are met, and handle any compensation negotiations to activate Article 406A PK.

In the courtroom they represent the client, examine witnesses, challenge the evidence and raise standalone pleas and mitigating circumstances. Our firm has secured acquittals in felony fraud cases involving benefits in excess of EUR 120,000, even on appeal following first-instance conviction.