Κατεύθυνση Ποινικό Δίκαιο και Ποινική Δικονομία
Library of the School of Law

2019-02-15

2019

Sotiropoulos Spyridon

Ιωάννης Ανδρουλάκης, Επίκουρος Καθηγητής, Νομική Σχολή, ΕΚΠΑ
Ηλίας Αναγνωστόπουλος, Καθηγητής, Νομική Σχολή, ΕΚΠΑ
Χρίστος Μυλωνόπουλος, Καθηγητής, Νομική Σχολή, ΕΚΠΑ

Το έγκλημα της απιστίας του άρθρου 390 ΠΚ, με έμφαση στη λήψη επιχειρηματικών αποφάσεων.

Greek

Misappropiation of funds according to provision 390 of the penal code, mostly regarding business decison making

This thesis consists of two chapters. The first examines the misappropriation of funds as a crime and the specific issues that arise in relation to it. The broad wording of the provision of Article 390 creates the impression that any detrimental act of the trustee / custodian of foreign property consists a crime. This conclusion, however, contradicts basic rules of business practice, making it necessary for the teleological contraction of the provision. Τhe second chapter is divided into three parts, which deal with issues related to making business decisions. In the first part, reference is made to the business judgement rule, which has been introduced into the Greek legal order and can also be useful for criminal law. In the second part, on the basis of the case-law of the issue in Germany and also the related domestic affairs, it is examined whether the payment or receipt of a gift in the context of bribery can also consist the crime of misappropriation of funds. Finally, the third part analyzes the recent law 4472/2017 concerning the criminal liability of administrators in the context of restructuring or debt write-offs, as well as general issues of criminal liability in bank lending.

Law and Legislation

Criminal Procedure
Criminal Law

Misappropiation of funds, business judgement rule, criminal liability at loan restruction, slush funds

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https://pergamos.lib.uoa.gr/uoa/dl/object/2861775