Obstruction of Justice
  • Sectors

    • • Public officials
  • Offending Involves

    • • Physical force/threat/intimidation
      • promising/offering/giving undue advantage
  • In Order To

    • • Interfere with the exercise of official duties by a justice or law enforcement official
Participation in an organized criminal group
  • Offences

    • • Organizing, directing, aiding, abetting, facilitating or counselling the commission of a crime involving an organized criminal group
      • Agreement to commit a serious crime (conspiracy)

Greece

UNTOC Articles

  •  
  • Organized Crime Convention

  • Article 5: Criminalization of participation in an organized criminal group
  • Article 23: Criminalization of obstruction of justice
  • Article 15: Jurisdiction
  •  
  • Trafficking in Persons Protocol

  •  
  • Smuggling of Migrants Protocol

  •  
  • Firearms Protocol

    Original Text

    Article 187 (modified): Criminal Organisation

    1.With an imprisonment sentence is punished person that establishes or is enlisted as member in a structured and with continuous action group of three or more persons (organization) that "pursues" the commitment of more than one felonies provided by articles 207 (counterfeiting), 208 (currency counterfeiting), 216 (forgery), 210 (counterfeiting and stamps abuse), 242 (false certification, falsification), 264 (Arson), 265 (Forests Arson), 26 (flood), 270 explosion), 272 (violation of explosive materials), 277( cause of wreck), 279 (poisoning of sources and food), 291 (disturbance of railway, boats and aircrafts security), 299 (intentional homicide), 310 (severe corporal injury), 322 (abduction) "322A and 322B (compulsory disappearance of person)", 323 (slavery), "323A (humans being trafficking), 324 (children abduction), 327 (involuntarily abduction), 336 (rape), 338 (abuse to obscenity), 339 (children seducing), "348A (children pornography), 351 (humans being trafficking), 351A (obscenity with minor age against payment", 374 ( Larceny), 375 (embezzlement), 380 (Robbery), 385 (blackmailing), 386 (Fraud), 386 A (criminality in the internet), 404

    (usury).

    "in the last section of paragraph 5 of article 87 and article 88 of L. 3386/2005 (GG 212A') when these acts are committed (facilitation of illegal entry or exit or illegal transfer of third countries nationals) are committed for speculation".

    For more than one felony provided from the legislation for drugs, arms, explosive materials and protection from materials that emit harmful for the human being radiation.

    "For more than one felony provided and punished from the legislation for the antiquities protection and the cultural heritage in general".

    ".... and the legislation for the environment's protection".

    "and for more than one offences provided and punished from the provision of article 41 g' of L. 2725/1999 as in force".

    "and for more than one offences provided and punished from L. 2725/1999. The capacity of Doctor, trainer or physiotherapist consists aggravating circumstances for the offences of this article".

    "with the same penalty is punished the perpetrator of the acts of the first section if the criminal organization pursues the commitment of more than one punishable acts in connection with the non-payment of tax, dues, duties or other charges for the purchase, sale, delivery, receipt, carriage, transit, trading, possession, warehousing, import or export of merchandise and/or product, imitation, falsification or piracy".

    "2. Person providing substantial information or material means with the purpose to facilitate or assist organization of the preceding paragraph for the commitment from it felonies is punished with an imprisonment sentence up to ten years term".

    "3. Person in charge of the first paragraph organization is punished with an imprisonment sentence up to ten years term".

    "Member of the organization is punished with the same penalty if at the time of the second section of the first paragraph offence commitment if he was a public servant or employee in the meaning of article 263a".

    4. "2. Person who by using threat or violence against judges, jury, interrogation or judicial employees, witnesses, expertise and interpreters or with the same persons bribery cancels the disclosure or prosecution or punishment of the offence of establishment or enlistment in the criminal organization of paragraph 1, is punished with an imprisonment sentence up to ten (10) years term and a pecuniary penalty of Euros one hundred thousand (100.000) up to five hundred thousand (500.000). Person that cancels in the above cases the disclosure or prosecution or punishment not only of the crime of establishment and enlistment in the criminal organization of par. 1 but of any other offence from those provided in the same paragraph, is punished with a imprisonment sentence and pecuniary penalty of Euros one hundred thousand (100.000) up to one million (1.000.000)".

    5.3. Person who is united, other than in the cases of paragraph 1 with another person to commit a felony (gang) is punished with a jailing sentence of six at least months term. With a jailing sentence of three at least months term is punished the perpetrator if the union per the preceding paragraph has been made for the commitment of a misdemeanor punished with a jailing sentence of one at least year term and pursuing financial or other material profit or the attack of life, corporal integrity or sexual freedom.

    6.4. The manufacture, supply or possession of arms, explosive material, chemical or biological materials or materials emitting harmful for the human being radiation aiming to facilitation of the purposes of the organization of paragraph 1 or gang of paragraph 3 or for gaining profit for their members are considered as aggravating circumstances. The non-commitment of any of the offences provided by paragraphs 1 and 3 consist mitigating circumstances.

    "Aggravating circumstance is also considered the commitment of the act of the first paragraph section having material object, crude oil or other petroleum or energy product".

    7.5. The provisions of the present article apply even if the provided by it punishable acts were committed abroad from a national or are turned against a Greek national or a legal person having its seat in Greece or the Greek State regardless the fact that are not punishable acts in accordance with the laws of the country of commitment".

    "8. The provision of article 238 respectively applies to the offences of paragraphs 1 until 4 of this present".

     
     

    Cross-Cutting Issues

    • Jurisdiction

      • • Active principle of nationality (offence committed outside its territory by its nationals)
        • Passive principle of nationality (offence committed outside its territory against its nationals)
    • Investigation Procedure

      • Confiscation and Seizure of

        • • Proceeds of crime derived from offences covered by the Convention
          • Income or other benefits derived from the proceeds
          • Property, equipment or other instrumentalities
      • Measures

        • • Identification, tracing, freezing and/or seizure of the proceeds and instrumentalities of crime
          • Disposal of confiscated proceeds of crime and property
     

    Comment

    Please note that this is an unofficial translation.

    version 4.0.0-build-24 2021-08-26T11:30:17.207Z