FIELDS OF EXPERTISE
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FIELDS OF EXPERTISE

OVVADIAS S. NAMIAS – LAW FIRM provides legal services to natural persons and legal entities that extend to the whole spectrum of Penal Law, with particular emphasis on the financial penal law and the international court assistance in penal cases. The company offers to domestic and foreign legal entities (Banking companies, Stock-exchange companies, Telecommunications companies etc.) its wide knowledge and experience on issues concerning corporate penal liability and compliance with the provisions of Penal Law, while it has established and maintains co-operation with major civil law firms in matters of penal concern. The scientific training and the experience of its members in the handling of penal cases ensures the best possible legal representation of its clients before a court as well as at a consulting level. More specifically, the areas of expertise in which the firm is active with great success are the following:

 

Medical Penal Law
– Malpractice stricto sensu.
– Issues related to lack of information and non -valid consensus on behalf of the patient.
– Errors related to the distribution of duties in cases where more than one doctors cooperate.
– Issues related to abortion.
– Issues related to the issuance of fraudulent medical certifications.
– Issues in connection with the criminal provisions of the law on medically assisted reproduction (Art. 26 of Law 3305/2005).

 

Corporate Penal Law
– Penal liability of the executives and the representatives of legal entities.
– Representation of the legal entity for the submission of a complaint and the support of the accusation through out all the procedural phases.
– Special issues related to S.A. deriving from the provisions of Law 4548/2018.

 

Internal Corporate Investigations
– Investigation within the legal entity for the detection of a criminal behavior.
– Collection of evidence and conduct of interviews observing the guarantees provided by the legislation in force.
– Communication with the Authorities in all the procedural stages.
– Assessment and evaluation of the material collected, and drafting of an opinion addressed to the Board of Directors of the Legal entity (in order to submit a complaint e.t.c.) or/and the prosecutor or the supervising authorities.

 

Cyber crimes/Computer related crimes/electronic crimes
– Cyber crime.
– Fishing and Hacking.
– Fraud implemented via a computer.
– Forgery on the internet.
– Violation of the individual right to privacy.
– Violation of professional secrecy.

 

Penal Law on Sports
– Fraudulent activities having as a goal to alternate the evolution of games.
– Corruption, (active and passive bribery) with a view to alterate the results of games which are included (which are part of) in betting events in or outside Greece.
– Issues related to violence in sports.
– Penal Disciplinary Law in Sports-Representation of clients to appellate bodies of the Hellenic Football Federation to the Council of Arbitration of Disputes related to Sports (ASEAD) and the – Court of Arbitration for Sport (CAS).

 

Control and monitoring of the regulatory compliance
– Evaluation of the internal controlling mechanisms in accordance with the new law re the corporate governance (Law 4706/2020) for the avoidance of criminal behavior.
– Evaluation of standards of regulatory compliance based on the risks facing the entity each time considering also the market in which such entity is active.
– Regulatory compliance of legal entities in relation to the legalization of profits from illegal activities.
– Control and monitoring of the special obligations that the listed companies and the companies providing betting services should observe.

 

Banking offences – Stock Exchange Offences
– Abuse of privileged information in the forms provided in Law 4443/2016.
– Manipulation of the stock market.
– Drafting of opinions in relation to the submission of a complaint for the crime of breach of trust against a bank.
– Special issues related to the implication of banks in criminal behaviors.

 

Penal Provisions on Gaming Law
– Issues related to the organization and conduct of games without the required permission or/and certification in accordance with the provisions of Law 4022/2011.
– Import, marketing and placing of any kind of equipment related to gaming.
– Conduct of gaming by radio and TV means in violation of the provisions of article 53 of Law 4002/2011.
– Tax aspects of gaming.

 

European and International Penal Law- Extradition and mutual assistance
– Representation of wanted against whom a European or International Arrest Warrant is pending.
– Control and monitoring of the procedures to be observed on behalf of the authorities during the mutual assistance in the penal procedure, (Observance of the principle of specialty, the principle of non self-incrimination, the doctrine of ne bis in idem e.t.c.).
– Submissions in relation to the issues stated above before the judicial and investigating authorities.
– Initiatives for the issuance of the European Investigation Order.

 

Legalization of Profits from Illegal Activities (Money laundering)
– Acts constituting money laundering in accordance with the provisions of Law 4557/2018.
– Incomplete or inaccurate reporting to the proper authorities (on behalf of the persons having such obligation) of suspicious and unusual transactions or activities.
– Issues related to property confiscation of natural and legal persons.
– Issues related to freezing of assets and prohibition of asset disposal.
– Provision of consultation services and launching of legal actions aiming to the mitigation of the sanctions against legal persons and entities in accordance with the provisions of article 45 of Law 4557/2018.

 

Corruption – Bribery
– Corruption and bribery of employees, judges, and politicians.
– Cases of trading in influence.
– Corruption and bribery in the private sector.
– Corruption in the pharmaceutical industry and in the defense equipment.
– Consulting and actions for the exploitation of the favorable measures of article 263A and 396 para 2a of the new Penal Code in relation to the above-mentioned crimes.

 

Breach of trust – Fraud- Embezzlement
– Representation of natural and legal persons in penal economic cases.
– Opinions to legal entities in relation to violation of diligent management, property damage, submission of complaint and declaration of representation for the support of the accusation.
– Fraud related to grants, cross border fraud in relation to VAT and special issues arising from article 24 of Law 4689/2020, (subsidiary provisions for the penal protection of the financial interests of the European Union).
– Special issues for the elimination of the criminal liability on the basis of provisions related to the satisfaction of the victim.

 

Penal law provisions on Competition
– Penal responsibility of the directors for collusions, abuse of dominant position and violation of the provisions related to mergers.
– Participation of natural or legal persons in leniency programs for the investigation of cartels.
– Assistance to entities during the conduct of investigations by the Competition Commission.
– Penal protection in issues related to the protection of business secrets.

 

Fiscal offences/ Customs Office offences/ Public – law debts
– Tax evasion in income tax.
– Tax evasion in VAT and in withholding or attributable taxes.
– Issuance of false tax documents/ Issuance of improper tax documents/ Acceptance of improper tax documents/ Falsifying of tax data.
– Genuine and quasi cases of counterfeiting.
– Non payment of debts to the State.
– Employers’ and employees’ contributions to the Public.

 

Personal data
– Cases falling within the ambit of article 38 of law 4624/2019, (Measures adopted for the implementation of Regulation EU 2016/679).
– Conduct of internal investigation to legal entities in accordance with the provisions of Law 4624/2019 and the case law of the Hellenic Data Protection Authority.
– Consulting services related to the regulatory compliance in the field of data protection.
– Data protection issues in the field of electronic communications (article 15 of Law 3471/2006).
– Illegal processing of the medical file of the employee (article 18 of Law 3850/2010).
– Violations in the retention of data in connection with the provision of publicly available electronic communications services (article 11 of Law 3917/2011).
– Cases of illegal interventions in Individual Electronic Health Records (article 84 of Law 4600/2019).

 

Penal Environmental Law
– Activities without the proper administrative permission and environmental degradation.
– Violations of the legislation in force protecting the marine environment (clean operation of vessels, of land equipment e.t.c.), Law 743/1977.
– Application of “ne bis in idem” principle in cases of parallel penal and administrative procedures in accordance with the case-law of the European Court of Human Rights.

 

Penal law provisions on Intellectual Property
– Penal protection of the copy rights creator as well as of the related rights.
– Penal protection of the data base as a intelectual creation falling into the meaning of the protected work under the legislation in force.