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Question 1Role knowledge and related same-jurisdiction law
Under Article 138 of the Greek Civil Code (Αστικός Κώδικας - ΑΚ), what is the legal status of an apparent or simulated legal transaction (εικονική δικαιοπραξία) between contracting parties?
- It is void (άκυρη), but if another underlying transaction is concealed under it, that underlying transaction is valid if lawful requirements are met. Correct answer.
- It is valid unless challenged by third-party creditors within two years.
- It is automatically converted into a preliminary agreement (προσύμφωνο) with binding executory effect.
- It remains voidable (ακυρώσιμη) exclusively by filing an action for rescission within six months.
Explanation
According to Article 138 § 1 of the Greek Civil Code, a declaration of intent that is not made in earnest but only ostensibly (simulation / εικονικότητα) is void. However, under Article 138 § 2 ΑΚ, if the simulated transaction conceals another intended transaction, the concealed transaction is valid provided that the statutory requirements for its formation and validity are satisfied.
Question 2Role knowledge and related same-jurisdiction law
In Greek property law, which condition is mandatory under Article 1033 of the Greek Civil Code (ΑΚ) to effect a valid derivative transfer of ownership of immovable property?
- A private written contract registered with the local municipal tax registry.
- Physical handover of possession witnessed by two licensed Greek attorneys-at-law.
- A notarial deed (συμβολαιογραφικό έγγραφο) followed by transcript or registration in the competent public register (Υποθηκοφυλακείο or Κτηματολόγιο). Correct answer.
- A judicial confirmation decree issued under the voluntary jurisdiction procedure.
Explanation
Under Article 1033 ΑΚ, the transfer of ownership of immovable property requires an agreement between the owner and the acquirer that ownership is transferred for lawful cause. This agreement must be drafted as a notarial document (συμβολαιογραφικό έγγραφο) and completed by transcript (μεταγραφή) in the public Land Registry / Mortgage Office or registration in the Hellenic Cadastre (Κτηματολόγιο).
Question 3Role knowledge and related same-jurisdiction law
A debtor fails to perform a contractual monetary obligation on the agreed calendar maturity date. Under Article 341 § 1 of the Greek Civil Code (ΑΚ), what is required for the debtor to fall into default (υπερημερία οφειλέτη)?
- A formal written reminder (όχληση) served via judicial bailiff.
- Notification to the debtor's commercial chamber and banking institution.
- An out-of-court demand served on the debtor together with a fresh grace period.
- The passage of the agreed calendar date alone, without any requirement for a reminder (όχληση). Correct answer.
Explanation
Under Article 341 § 1 ΑΚ (dies interpellat pro homine), if a fixed calendar day has been agreed upon for performance, the debtor falls into default automatically by the mere expiry of that designated day, without any need for prior judicial or extrajudicial reminder (όχληση).
Question 4Role knowledge and related same-jurisdiction law
Under Greek succession law (Article 1825 of the Greek Civil Code - ΑΚ), which relatives are entitled to a statutory forced share (νόμιμη μοίρα) in the decedent's estate if excluded by will?
- Descendants, parents, and the surviving spouse, provided they would have been called as intestate heirs. Correct answer.
- Descendants, siblings, and the surviving spouse unconditionally.
- All collateral relatives up to the fourth degree and the surviving spouse.
- Descendants and dependent grandparents exclusively.
Explanation
According to Article 1825 § 1 ΑΚ, the descendants (κατιόντες) and parents (γονείς) of the deceased, as well as the surviving spouse (σύζυγος), who would be called to inherit under the rules of intestate succession, are entitled to a statutory forced share (νόμιμη μοίρα), which equals one-half of their intestate portion.
Question 5Role knowledge and related same-jurisdiction law
Under Article 914 of the Greek Civil Code (ΑΚ), which combination of elements must be established by the plaintiff to substantiate a claim for damages in tort (αδικοπραξία)?
- An unlawful act or omission (παράνομη πράξη ή παράλειψη), fault (υπαιτιότητα), damage (ζημία), and an adequate causal link (πρόσφορος αιτιώδης σύνδεσμος). Correct answer.
- Strict liability, property ownership, and lack of good faith.
- Pre-existing contractual privity, deliberate malice, and criminal indictment.
- Unjust enrichment, commercial detriment, and formal extrajudicial warning.
Explanation
Under Article 914 ΑΚ, whoever unlawfully and culpably causes damage to another is bound to indemnify them. Greek jurisprudence requires four cumulative prerequisites: an unlawful act or omission, fault (dolus or negligence), pecuniary or non-pecuniary damage, and adequate causation between the act and the damage.
Question 6Role knowledge and related same-jurisdiction law
Under Article 1400 of the Greek Civil Code (ΑΚ), what is the statutory presumption regarding a spouse's contribution to the increase of the other spouse's property during marriage upon dissolution?
- The spouse's contribution is presumed to be one-half (1/2) of the property increase.
- No presumption exists; the claimant must produce documentary invoices for every euro claimed.
- The spouses are automatically deemed equal co-owners of all assets acquired during marriage.
- The spouse's contribution is presumed to be one-third (1/3) of the property increase, unless proven to be greater or lesser. Correct answer.
Explanation
Article 1400 § 1 ΑΚ establishes the claim for participation in acquisitions (αξίωση συμμετοχής στα αποκτήματα). Under Article 1400 § 2 ΑΚ, the contribution of the claimant spouse is rebuttably presumed to amount to one-third (1/3) of the net increase in the other spouse's estate, unless a greater, lesser, or zero contribution is proven.
Question 7Role knowledge and related same-jurisdiction law
Under Article 281 of the Greek Civil Code (ΑΚ), when is the exercise of a substantive civil right legally prohibited as abusive (καταχρηστική άσκηση δικαιώματος)?
- Whenever the right is exercised after more than six months of inaction.
- Only where the right holder acted with the sole purpose of harming the other party (chicane), with no interest of their own.
- When the exercise manifestly exceeds the bounds dictated by good faith (καλή πίστη), morality (χρηστά ήθη), or the social or economic purpose of the right. Correct answer.
- Whenever the counterparty suffers financial hardship as a result of lawful enforcement.
Explanation
Article 281 ΑΚ establishes the fundamental general clause prohibiting abuse of rights: the exercise of a right is forbidden if it manifestly exceeds the limits imposed by good faith, good morals, or the social or economic purpose of that right.
Question 8Role knowledge and related same-jurisdiction law
In the Greek law of obligations, what is the legal effect when a creditor accepts another performance in lieu of the originally due performance (δόση αντί καταβολής - datio in solutum) under Article 419 of the Civil Code?
- The original obligation is extinguished immediately upon receipt of the substitute performance. Correct answer.
- The debtor is granted a moratorium while the substitute asset is liquidated at public auction.
- The original debt is suspended, and the creditor becomes an involuntary pledgee.
- The agreement constitutes a penalty clause that must be ratified by court decree.
Explanation
Under Article 419 ΑΚ (δόση αντί καταβολής), if the creditor accepts another performance in place of the one originally owed, the obligation is extinguished immediately upon receipt. This differs from performance for the purpose of satisfaction (δόση χάριν καταβολής under Article 421 ΑΚ), where extinguishment occurs only when the creditor is actually satisfied.
Question 9Role knowledge and related same-jurisdiction law
Under Article 1045 of the Greek Civil Code (ΑΚ), what are the statutory requirements to acquire ownership of an immovable property through extraordinary adverse possession (έκτακτη χρησικτησία)?
- Good faith possession with lawful title for at least 10 consecutive years.
- Registration of an exploratory declaration in the National Cadastre for 5 uninterrupted years.
- Payment of property taxes for 15 years and written consent of adjacent boundary owners.
- Continuous and uninterrupted proprietary possession (νομή) for twenty (20) years, without requiring lawful title or good faith. Correct answer.
Explanation
Article 1045 ΑΚ provides that whoever has possessed an object (movable or immovable) for twenty years with animus domini (proprietary possession / νομή) acquires ownership through extraordinary adverse possession (έκτακτη χρησικτησία). Neither good faith nor a legal title is required.
Question 10Role knowledge and related same-jurisdiction law
Under Article 178 of the Greek Civil Code (ΑΚ), what is the sanction for a legal transaction that offends accepted moral standards (χρηστά ήθη)?
- It is absolutely void (άκυρη) by operation of law. Correct answer.
- It is voidable (ακυρώσιμη) only if an action is brought within five years.
- It remains valid between the parties but unenforceable against the State.
- It is reduced by court order to an equitable financial compensation.
Explanation
Article 178 ΑΚ explicitly provides that a legal transaction which offends bonos mores (contrary to morality / χρηστά ήθη) is void (άκυρη). The nullity is absolute and can be invoked by anyone having a legitimate legal interest.
Question 11Role knowledge and related same-jurisdiction law
Under Article 215 § 2 of the Greek Code of Civil Procedure (Κώδικας Πολιτικής Δικονομίας - ΚΠολΔ), within what deadline must an action (αγωγή) under the regular procedure (τακτική διαδικασία) be served on a defendant residing in Greece following its filing?
- Within thirty (30) days from the filing of the action. Correct answer.
- Within sixty (60) days from the filing of the action.
- Within ninety (90) days from the filing of the action.
- Within fifteen (15) days from the filing of the action.
Explanation
Under Article 215 § 2 ΚΠολΔ (as amended), in the regular procedure, the plaintiff is required to serve a certified copy of the filed action on the defendant within thirty (30) days from its filing if the defendant resides in Greece (or within sixty days if the defendant resides abroad or is of unknown residence).
Question 12Role knowledge and related same-jurisdiction law
In Greek civil procedure, what is the deadline under Article 237 § 1 ΚΠολΔ for the parties to file their written pleadings (προτάσεις) and supporting evidentiary documents in the regular procedure?
- Within ninety (90) days from the expiry of the deadline for service of the action. Correct answer.
- Within thirty (30) days following service of the action.
- At the oral hearing before the judge in open court.
- Within one hundred and twenty (120) days from the registration of the action.
Explanation
Under Article 237 § 1 ΚΠολΔ (standard regular procedure reform), the parties must file their pleadings (προτάσεις) and all evidentiary documents within ninety (90) days from the expiry of the deadline for service of the action under Article 215 § 2 (or 120 days if the defendant resides abroad).
Question 13Role knowledge and related same-jurisdiction law
Which procedural remedy must be filed under Article 632 § 1 of the Code of Civil Procedure (ΚΠολΔ) by a debtor seeking to annul an order for payment (διαταγή πληρωμής)?
- An opposition (ανακοπή) filed within fifteen (15) working days from service of the payment order. Correct answer.
- An ordinary appeal (έφεση) to the Single-Member Court of Appeal.
- An application for judicial review (αίτηση αναίρεσης) before the Areios Pagos.
- An action for declaration of nullity (αναγνωριστική αγωγή) within 30 days.
Explanation
Under Article 632 § 1 ΚΠολΔ, the debtor against whom a payment order is issued has the right to file an opposition (ανακοπή) within fifteen (15) working days from the service of the order, challenging the substantive validity of the underlying claim or procedural validity of the title.
Question 14Role knowledge and related same-jurisdiction law
What is the general subjective deadline under Article 518 § 1 of the Greek Code of Civil Procedure (ΚΠολΔ) for lodging an appeal (έφεση) against a first-instance judgment?
- Ten (10) days from service of the judgment.
- Sixty (60) days from publication of the judgment in the court registry.
- Thirty (30) days from the service of the judgment, if the appellant resides in Greece. Correct answer.
- One year from the date the judge signed the draft judgment.
Explanation
Under Article 518 § 1 ΚΠολΔ, if the appellant resides in Greece, the deadline for filing an appeal is thirty (30) days starting from the lawful service of the first-instance judgment. If the appellant resides abroad or is of unknown residence, the deadline is sixty (60) days.
Question 15Role knowledge and related same-jurisdiction law
Under Article 904 of the Greek Code of Civil Procedure (ΚΠολΔ), which of the following is an enforceable title (εκτελεστός τίτλος) capable of supporting forced execution?
- A preliminary contract (προσύμφωνο) drafted by a private real estate broker.
- A formal grievance letter submitted to the Greek Consumer Ombudsman.
- An unnotarized promissory note accompanied by bank deposit receipts.
- A final court judgment, a payment order (διαταγή πληρωμής), and a notarial deed containing a monetary obligation. Correct answer.
Explanation
Article 904 § 2 ΚΠολΔ enumerates the exclusive list of enforceable titles in Greece, which includes: final court judgments (τελεσίδικες αποφάσεις), payment orders, notarial deeds for liquid monetary claims, approved conciliation minutes, and foreign titles declared enforceable.
Question 16Role knowledge and related same-jurisdiction law
Under Article 933 of the Greek Code of Civil Procedure (ΚΠολΔ), what is the appropriate legal instrument to challenge defects in the forced execution process (αναγκαστική εκτέλεση)?
- An opposition to execution (ανακοπή κατά της εκτέλεσης). Correct answer.
- A petition for cassation before the Supreme Administrative Court.
- A criminal complaint for extortion against the enforcing bailiff.
- An ex parte application for declaratory injunction.
Explanation
Article 933 ΚΠολΔ provides the primary judicial remedy for debtor and third-party protection against forced execution: the opposition to execution (ανακοπή κατά της εκτελέσεως), which may contest the validity of the enforceable title, the execution procedure, or the existence of the claim.
Question 17Role knowledge and related same-jurisdiction law
After Law 5108/2024 unified the first instance of civil justice and abolished the Peace Courts (Ειρηνοδικεία), how does the amended Article 14 of the Code of Civil Procedure (ΚΠολΔ) allocate subject-matter jurisdiction (καθ' ύλην αρμοδιότητα) over pecuniary civil disputes?
- The Peace Court retains all claims up to €20,000 and the Single-Member Court of First Instance takes everything above that figure.
- The Multi-Member Court of First Instance (Πολυμελές Πρωτοδικείο) hears every pecuniary dispute irrespective of its value.
- Value no longer matters at all; jurisdiction now turns exclusively on the subject matter of the claim.
- The Single-Member Court of First Instance (Μονομελές Πρωτοδικείο) hears all disputes capable of monetary valuation up to €250,000, and the Multi-Member Court of First Instance hears those above that amount. Correct answer.
Explanation
Law 5108/2024 merged the Peace Courts into the Courts of First Instance with effect from 16 September 2024. The replacement text of Article 14 ΚΠολΔ gives the single-member courts of first instance all disputes capable of being valued in money whose value does not exceed €250,000, and the former Article 15, which gave the Peace Court jurisdiction over certain matters irrespective of value, was repealed. Disputes above €250,000 remain with the multi-member court of first instance.
Question 18Role knowledge and related same-jurisdiction law
In Greek civil litigation, under what condition does a judgment acquire the authority of res judicata (δεδικασμένο) under Article 321 ΚΠολΔ?
- As soon as the judge orally announces the verdict at the hearing.
- As soon as the judgment is published, even while the appeal period is still running.
- Only after the Areios Pagos dismisses an application for cassation.
- When the judgment becomes final (τελεσίδικη), meaning it is no longer subject to ordinary remedies (ανακοπή ερημοδικίας and έφεση). Correct answer.
Explanation
Under Article 321 ΚΠολΔ, final judgments (τελεσίδικες αποφάσεις) of civil courts-defined as judgments that are no longer subject to the ordinary legal remedies of default opposition (ανακοπή ερημοδικίας) and appeal (έφεση)-possess res judicata (δεδικασμένο) effect.
Question 19Role knowledge and related same-jurisdiction law
Under Article 682 § 1 of the Greek Code of Civil Procedure (ΚΠολΔ), what two fundamental conditions must be established to obtain provisional protective measures (ασφαλιστικά μέτρα)?
- Substantive finality and proof beyond reasonable doubt.
- Full proof of the substantive right plus a security deposit fixed by the court.
- An urgent necessity (επείγουσα περίπτωση) or an imminent danger (επικείμενος κίνδυνος), together with the probability (πιθανολόγηση) of the underlying substantive right. Correct answer.
- Exhaustion of mediation and a cash deposit in court.
Explanation
Article 682 § 1 ΚΠολΔ provides that civil courts may order provisional protective measures in cases of urgent necessity (επείγουσα περίπτωση) or to avert an imminent danger (επικείμενος κίνδυνος), provided that the existence of the secured substantive claim is deemed probable (πιθανολογείται) under Article 690 § 1 ΚΠολΔ.
Question 20Role knowledge and related same-jurisdiction law
Under Article 706 of the Greek Code of Civil Procedure (ΚΠολΔ), what is the legal effect of a registered pre-notation of mortgage (προσημείωση υποθήκης) upon its subsequent conversion into a definitive mortgage?
- The mortgage takes effect only from the date of final judgment.
- The mortgage is deemed to have existed from the date the pre-notation was originally registered (retroactive priority / αναδρομική ενέργεια). Correct answer.
- The pre-notation lapses automatically after one year unless renewed by notarial deed.
- The creditor loses all priority against unsecured creditors who filed attachments in the interim.
Explanation
Under Article 706 ΚΠολΔ and Article 1277 ΑΚ, once the creditor obtains a final enforceable title and converts the pre-notation of mortgage (προσημείωση υποθήκης) into an actual mortgage, the mortgage acquires retroactive priority (αναδρομικότητα) ranking back to the date of registration of the pre-notation.
Question 21Role knowledge and related same-jurisdiction law
Under Article 14 of the Greek Penal Code (Ποινικός Κώδικας - ΠΚ), how is an offense (έγκλημα) defined in Greek criminal law?
- An act that is unlawful (άδικη), imputable to the perpetrator (καταλογιστή σε αυτόν), punishable by law, and committed with guilt (υπαιτιότητα). Correct answer.
- Any moral wrong that causes public outrage or social disharmony.
- Any act prohibited by administrative regulations carrying financial penalties.
- Conduct designated as punishable by the police authorities at their discretion.
Explanation
Article 14 § 1 of the Greek Penal Code defines an offense (έγκλημα) as an act that is unlawful (άδικη), imputable to the perpetrator (καταλογιστή στον δράστη), and punishable by law. Guilt (υπαιτιότητα - dolus or negligence) is essential under Article 26 ΠΚ.
Question 22Role knowledge and related same-jurisdiction law
How does Article 18 of the Greek Penal Code (ΠΚ) categorize criminal offenses according to the statutory severity of the threatened penalty?
- Major felonies, minor felonies, and administrative infractions.
- Felonies (κακουργήματα), misdemeanors (πλημμελήματα) and petty violations (πταίσματα).
- Felonies (κακουργήματα) and misdemeanors (πλημμελήματα). Correct answer.
- Capital crimes, prison offenses, and disciplinary citations.
Explanation
Following the abolition of petty violations (πταίσματα) by the 2019 reform of the Greek Penal Code, Article 18 ΠΚ establishes a bipartite division of offenses into felonies (κακουργήματα), punishable by incarceration (κάθειρξη), and misdemeanors (πλημμελήματα), punishable by imprisonment (φυλάκιση) or fine.
Question 23Role knowledge and related same-jurisdiction law
Under Article 27 of the Greek Penal Code (ΠΚ), what constitutes eventual intent (ενδεχόμενος δόλος - dolus eventualis)?
- When the perpetrator acts with direct purpose to bring about the criminal result.
- When the perpetrator foresees the result as possible but trusts that it will not occur.
- When the perpetrator fails to foresee a result that a prudent person would have anticipated.
- When the perpetrator foresees the criminal result as possible and accepts it (αποδέχεται). Correct answer.
Explanation
Under Article 27 § 1(b) ΠΚ, a person acts with eventual intent (ενδεχόμενος δόλος) when they foresee the criminal result as a possible consequence of their conduct and nevertheless reconcile themselves with it / accept it (το αποδέχεται).
Question 24Role knowledge and related same-jurisdiction law
Under Article 22 of the Greek Penal Code (ΠΚ), what is the legal effect of legitimate self-defense (άμυνα)?
- It renders the act lawful by eliminating its unlawful character (άρση του αδίκου). Correct answer.
- It leaves the act unlawful but eliminates the personal guilt of the defendant.
- It merely reduces the applicable sentence by one-third.
- It converts a felony into an involuntary misdemeanor.
Explanation
Article 22 § 1 ΠΚ provides that an act committed in legitimate self-defense is not unlawful (δεν είναι άδικη η πράξη). Legitimate defense is a justification ground that eliminates the unlawfulness (άρση του αδίκου) of the act entirely.
Question 25Role knowledge and related same-jurisdiction law
Under Article 42 § 1 of the Greek Penal Code (ΠΚ), at what point does an attempt (απόπειρα) to commit a felony or misdemeanor become punishable?
- As soon as the perpetrator forms the internal intention to commit the crime.
- When the perpetrator undertakes an action that constitutes at least the commencement of execution (αρχή εκτέλεσης) of the offense. Correct answer.
- Only after all preparatory acts have been completed and tools acquired.
- When the victim experiences subjective apprehension of harm.
Explanation
Under Article 42 § 1 ΠΚ, whoever, having resolved to commit a felony or misdemeanor, undertakes an act that contains at least the beginning of its execution (αρχή εκτέλεσης) is punished for attempt. Mere preparatory acts (προπαρασκευαστικές πράξεις) are not punishable unless explicitly criminalized by a special provision.
Question 26Role knowledge and related same-jurisdiction law
Under Article 46 § 1(a) of the Greek Penal Code (ΠΚ), what constitutes moral instigation (ηθική αυτουργία) to commit an offense?
- Intentionally causing another person to resolve to commit the unlawful act executed by that person. Correct answer.
- Providing the perpetrator with weapons or technical advice during execution.
- Failing to report a planned felony to the public prosecutor.
- Harboring the perpetrator after the commission of the crime.
Explanation
Article 46 § 1(a) ΠΚ punishes as an instigator (ηθικός αυτουργός) anyone who, with intent, induced or caused another person to form the decision to commit the unlawful act that the latter subsequently carried out.
Question 27Role knowledge and related same-jurisdiction law
What are the essential elements of the crime of theft (κλοπή) under Article 372 § 1 of the Greek Penal Code (ΠΚ)?
- Taking movable property belonging to another from their possession without their consent, with the intent to unlawfully appropriate it. Correct answer.
- Persuading another by false representations to transfer immovable property.
- Retaining movable property already lawfully entrusted to the perpetrator's custody.
- Compelling another by physical violence to surrender cash.
Explanation
Article 372 § 1 ΠΚ defines theft: whoever removes a foreign movable object from the possession of another without their consent, with the intention of unlawfully appropriating it (ιδιοποίηση), commits theft.
Question 28Role knowledge and related same-jurisdiction law
Under Article 386 § 1 of the Greek Penal Code (ΠΚ), how is fraud (απάτη) defined?
- Damaging foreign property through malicious destruction or vandalism.
- Breaching a contractual payment deadline with commercial counterparties.
- Persuading another by presenting false facts as true or concealing true facts, thereby causing them to harm their own or another's property to achieve unlawful financial gain. Correct answer.
- Entering a private residence without authorization of the lawful occupier.
Explanation
Article 386 § 1 ΠΚ defines fraud (απάτη): whoever, with intent to procure for themselves or another an unlawful pecuniary benefit, harms another's property by convincing them of an act, omission, or sufferance through the false representation of false facts as true or the unlawful concealment or suppression of true facts.
Question 29Role knowledge and related same-jurisdiction law
What constitutes the statutory felony threshold for aggravated embezzlement (διακεκριμένη υπεξαίρεση) or fraud (διακεκριμένη απάτη) under the reformed Greek Penal Code?
- When the damage exceeds €30,000 regardless of the perpetrator's professional capacity.
- When the property value exceeds €5,000 and the victim is a pensioner.
- Whenever the act is committed by two or more individuals acting together.
- When the total damage caused, or the value of the embezzled property, exceeds €120,000. Correct answer.
Explanation
Article 375 § 2 ΠΚ makes embezzlement a felony punishable by incarceration of up to ten years where the value of the object exceeds €120,000 in total, and the second sentence of Article 386 § 1 ΠΚ does the same for fraud where the damage caused exceeds that figure. Both provisions took their present form through Article 87 and Article 92 of Law 4855/2021. Note that for fraud the Areios Pagos has held that only the damage counts under the current Code, not any benefit obtained by the offender.
Question 30Role knowledge and related same-jurisdiction law
Under Article 216 of the Greek Penal Code (ΠΚ), what constitutes the actus reus of forgery (πλαστογραφία)?
- Falsely testifying under oath in a public hearing.
- Breaching professional secrecy by disclosing confidential client files.
- Publishing defamatory statements in the press about a public official.
- Making or altering a document with the intent to mislead another regarding a fact that has legal significance. Correct answer.
Explanation
Under Article 216 § 1 ΠΚ, whoever fabricates a forged document or alters a genuine document with intent to deceive another about a fact that has legal significance commits forgery (πλαστογραφία).
Question 31Role knowledge and related same-jurisdiction law
Under Article 279 of the Greek Code of Criminal Procedure (Κώδικας Ποινικής Δικονομίας - ΚΠΔ), within what timeframe must a person arrested in flagrante delicto (επ' αυτοφώρω) be brought before the Public Prosecutor?
- Without delay and at the latest within twenty-four (24) hours from the arrest. Correct answer.
- Within forty-eight (48) hours from the time of booking at the police precinct.
- Within seventy-two (72) hours if the arrest occurs on a weekend.
- Within five (5) days following completion of preliminary interrogation.
Explanation
Article 6 § 2 of the Greek Constitution and Article 279 § 1 ΚΠΔ mandate that any person arrested in flagrante delicto must be brought before the competent Public Prosecutor for Misdemeanors (Εισαγγελέας Πλημμελειοδικών) without delay, and at the latest within twenty-four (24) hours of arrest.
Question 32Role knowledge and related same-jurisdiction law
Under Article 282 of the Greek Code of Criminal Procedure (ΚΠΔ), what is the exceptional nature of pre-trial detention (προσωρινή κράτηση)?
- It is ordered routinely for all felonies regardless of flight risk.
- It is an ultima ratio measure permissible only for felonies when restrictive conditions (περιοριστικοί όροι) are insufficient and specific flight or recidivism risks exist. Correct answer.
- It can be imposed for any misdemeanor that causes public disturbance.
- It is ordered at the sole discretion of the chief investigating police officer.
Explanation
Under Article 282 ΚΠΔ, pre-trial detention is strictly a measure of last resort (ultima ratio). It can only be imposed for felonies, provided that restrictive conditions are judged inadequate, and there are specific facts indicating an imminent risk of flight or commission of new serious offenses.
Question 33Role knowledge and related same-jurisdiction law
What happens under Article 283 § 1 ΚΠΔ if the Investigating Judge (Ανακριτής) and the Public Prosecutor disagree on whether to impose pre-trial detention on a felony defendant?
- The defendant is immediately released with no further review.
- The Investigating Judge's view prevails, because pre-trial detention is a judicial act.
- The Public Prosecutor's opinion prevails automatically over the Investigating Judge.
- The disagreement is resolved by the Judicial Council of the Court of First Instance (Συμβούλιο Πλημμελειοδικών), and the defendant is remanded under restrictive conditions in the interim. Correct answer.
Explanation
Under Article 283 § 1 ΚΠΔ, if there is a disagreement between the Investigating Judge and the Prosecutor regarding pre-trial detention or restrictive conditions, the disagreement is submitted to the Judicial Council (Συμβούλιο Πλημμελειοδικών), which decides within three days. In the meantime, restrictive conditions apply or the defendant remains detained pending the Council's decree.
Question 34Role knowledge and related same-jurisdiction law
Under Article 473 of the Greek Code of Criminal Procedure (ΚΠΔ), what is the statutory deadline for a defendant present at trial to file an appeal (έφεση) against a conviction?
- Twenty (20) days from the publication of the decision.
- Thirty (30) days from the publication of the decision, in every case.
- Ten (10) days from the publication of the decision. Correct answer.
- Forty-five (45) days from the end of the judicial session.
Explanation
Article 473 § 1 ΚΠΔ provides that, unless a special statutory provision says otherwise, the deadline for lodging an appeal is ten (10) days from publication of the judgment. It is also ten days where the person entitled was absent at the pronouncement, unless that person lives abroad or is of unknown residence, in which case the period becomes thirty (30) days and runs from service of the judgment. Article 486 ΚΠΔ, by contrast, governs who has the right to appeal, not the time limit.
Question 35Role knowledge and related same-jurisdiction law
What is the primary function of the Mixed Jury Court (Μικτό Ορκωτό Δικαστήριο - ΜΟΔ) under Article 109 of the Greek Code of Criminal Procedure?
- To adjudicate commercial disputes involving foreign maritime companies.
- To hear appeals from the Single-Member Misdemeanor Court.
- To try specific serious felonies (such as intentional homicide and rape) with a panel composed of three professional judges and four lay jurors. Correct answer.
- To conduct disciplinary trials against licensed Greek attorneys.
Explanation
Under Article 97 of the Greek Constitution and Article 109 ΚΠΔ, the Mixed Jury Court (ΜΟΔ) has first-instance jurisdiction to try specific heinous felonies (e.g. crimes against human life and sexual liberty). Its panel consists of three professional judges and four lay jurors (λαϊκοί ένορκοι).
Question 36Role knowledge and related same-jurisdiction law
Under Article 470 of the Greek Code of Criminal Procedure (ΚΠΔ), what does the fundamental principle of prohibition of reformatio in peius (απαγόρευση χειροτέρευσης της θέσης του κατηγορουμένου) guarantee?
- When an appeal is lodged solely by the defendant or by the prosecutor in the defendant's favor, the appellate court cannot make the defendant's position worse or impose a heavier penalty than in the appealed judgment. Correct answer.
- The court can never impose a custodial sentence on first-time offenders.
- The appellate court may not reclassify the offence, even where the prosecutor has also appealed against the defendant.
- The prosecutor is barred from cross-examining defense witnesses at the appellate hearing.
Explanation
Article 470 ΚΠΔ embodies the guarantee against reformatio in peius: when a legal remedy is exercised by or on behalf of the convicted defendant, the court deciding on the remedy cannot render the defendant's legal position worse, nor impose a heavier penalty or cancel mitigating circumstances found in the first instance.
Question 37Role knowledge and related same-jurisdiction law
What is the maximum statutory period of pre-trial detention (προσωρινή κράτηση) for felonies under Article 6 § 4 of the Greek Constitution and Article 287 ΚΠΔ?
- Six (6) months total in all cases.
- Twelve (12) months, which may be extended in entirely exceptional cases up to a strict maximum of eighteen (18) months. Correct answer.
- Two (2) years, extendable indefinitely by ministerial order.
- Thirty (30) days for non-violent felonies.
Explanation
Under Article 6 § 4 of the Constitution and Article 287 ΚΠΔ, pre-trial detention cannot exceed twelve (12) months. In entirely exceptional cases, it may be extended by reasoned decree of the competent Judicial Council for a maximum of six additional months, making the absolute ceiling eighteen (18) months.
Question 38Role knowledge and related same-jurisdiction law
Under Article 510 § 1 of the Greek Code of Criminal Procedure (ΚΠΔ), which of the following constitutes an admissible ground for cassation (αναίρεση) before the Areios Pagos?
- Erroneous evaluation of the credibility of eyewitness testimony.
- Discovery of new evidence that was not presented at trial.
- Excessive harshness of an otherwise lawful sentence.
- Lack of specific and thorough reasoning (έλλειψη ειδικής και εμπεριστατωμένης αιτιολογίας) required by the Constitution and law. Correct answer.
Explanation
Article 510 § 1(D) ΚΠΔ provides that lack of special and comprehensive reasoning (έλλειψη ειδικής και εμπεριστατωμένης αιτιολογίας) in violation of Article 93 § 3 of the Constitution is a primary ground for cassation. The Areios Pagos examines legal errors only, not factual findings or evidence credibility.
Question 39Role knowledge and related same-jurisdiction law
What is the legal status under Article 177 § 2 of the Greek Code of Criminal Procedure (ΚΠΔ) of evidence obtained through the commission of an unlawful act (παράνομα αποδεικτικά μέσα)?
- It is absolutely inadmissible in criminal proceedings and cannot be taken into account by the court. Correct answer.
- It is admissible at the discretion of the presiding judge if the crime investigated is serious.
- It is admissible if corroborated by at least two independent sworn testimonies.
- It is admissible provided the defense is given 48 hours to examine the source.
Explanation
Under Article 177 § 2 ΚΠΔ and Article 19 § 3 of the Greek Constitution, evidentiary means obtained through criminal or unlawful acts are absolutely inadmissible and cannot be taken into account by the court or utilized at any stage of the criminal process (exclusionary rule).
Question 40Role knowledge and related same-jurisdiction law
Under Article 84 of the Greek Penal Code (ΠΚ), what is the effect when a court recognizes mitigating circumstances (ελαφρυντικές περιστάσεις) in sentencing a convicted defendant?
- The defendant is acquitted of all civil damages.
- The court is required to apply the mitigated penalty framework (μειωμένη ποινή) set forth in Article 83 ΠΚ. Correct answer.
- The conviction is automatically converted into community service.
- The offense is reclassified from a felony to an administrative citation.
Explanation
Under Article 84 § 1 ΠΚ, where mitigating circumstances are acknowledged (such as prior lawful life, remorse, or reasonable behavior post-offense), the court is statutorily obliged to determine the punishment within the mitigated sentencing ranges prescribed by Article 83 ΠΚ.
Question 41Role knowledge and related same-jurisdiction law
Under Law 4548/2018 on the reform of Sociétés Anonymes (Ανώνυμες Εταιρείες - Α.Ε.), what is the minimum statutory share capital required to form an S.A. in Greece?
- €5,000.
- €60,000.
- €25,000. Correct answer.
- €100,000.
Explanation
Under Article 15 § 1 of Law 4548/2018, the minimum share capital of a Société Anonyme (Α.Ε.) is set at twenty-five thousand euros (€25,000), which must be fully paid up upon incorporation.
Question 42Role knowledge and related same-jurisdiction law
Under Law 4072/2012, what is the statutory minimum capital requirement to incorporate a Private Company (Ιδιωτική Κεφαλαιουχική Εταιρεία - Ι.Κ.Ε.)?
- One euro (€1). Correct answer.
- €1,000.
- €4,500.
- €12,000.
Explanation
Under Article 43 § 3 of Law 4072/2012, the Private Company (Ι.Κ.Ε.) may be formed with a capital of at least one euro (€1), reflecting its flexible corporate structure accommodating capital, non-capital, and guarantee contributions.
Question 43Role knowledge and related same-jurisdiction law
What distinct types of member contributions are recognized in a Greek Private Company (Ι.Κ.Ε.) under Law 4072/2012?
- Cash contributions and government bond contributions exclusively.
- Monetary assets and personal promissory notes exclusively.
- Real property contributions and intellectual property contributions only.
- Capital contributions (κεφαλαιακές), non-capital contributions (εξωκεφαλαιακές), and guarantee contributions (εγγυητικές εισφορές). Correct answer.
Explanation
Law 4072/2012 (Articles 77, 78, and 79) revolutionized Greek corporate law by recognizing three distinct types of contributions in an Ι.Κ.Ε.: (1) capital contributions (in cash or in kind), (2) non-capital contributions (labor, services, or know-how), and (3) guarantee contributions (undertaking liability for company debts up to a specific amount).
Question 44Role knowledge and related same-jurisdiction law
Under Article 249 of Law 4072/2012, what is the liability of partners in a General Commercial Partnership (Ομόρρυθμη Εταιρεία - Ο.Ε.) for company obligations?
- Limited strictly to the amount of their initial capital contribution.
- Unlimited, joint, and several (απεριόριστη, εις ολόκληρον και προσωπική ευθύνη) with their personal assets. Correct answer.
- Subsidiary liability capped at twice their annual dividend distribution.
- Partners bear no liability once the partnership is registered with GEMI.
Explanation
Under Article 249 § 1 of Law 4072/2012, all partners in an ordinary general commercial partnership (Ομόρρυθμη Εταιρεία) are directly, jointly, severally, and infinitely liable with all their personal assets for all obligations of the partnership.
Question 45Role knowledge and related same-jurisdiction law
Under Articles 130 and 132 of Law 4548/2018, what is the quorum and majority requirement for the General Meeting (Γενική Συνέλευση) of an S.A. to adopt extraordinary amendments, such as an increase in share capital?
- A simple majority of 50% of present votes with no quorum.
- Unanimous approval of all registered shareholders.
- An exceptional quorum of at least one-half (1/2) of the paid-up share capital and an increased majority of two-thirds (2/3) of the votes represented. Correct answer.
- A quorum of 20% of capital and an absolute majority of 51%.
Explanation
Under Article 130 § 3 and Article 132 § 2 of Law 4548/2018, for extraordinary resolutions (such as capital increases, mergers, or changes in nationality/purpose), the General Meeting achieves quorum when shareholders representing 1/2 (50%) of the paid-up capital are present, and the decision requires a qualified majority of two-thirds (2/3) of the represented votes.
Question 46Role knowledge and related same-jurisdiction law
Under Law 5960/1933 on Checks (Νόμος περί Επιταγής), what is the statutory deadline for presenting a check drawn and payable in Greece for payment?
- Within eight (8) days from the date of issue. Correct answer.
- Within twenty (20) days from the date of issue.
- Within thirty (30) days from the date of issue.
- Within six (6) months from the date of issue.
Explanation
Under Article 29 of Law 5960/1933, a check issued and payable in Greece must be presented for payment within eight (8) days from the calendar date stated as the date of issue.
Question 47Role knowledge and related same-jurisdiction law
Under Law 5325/1932 on Bills of Exchange (Νόμος περί Συναλλαγματικής), what is the legal effect of an endorsement (οπισθογράφηση) without any restrictive clause?
- It merely authorizes the transferee to collect the funds on behalf of the endorser.
- It transfers the rights in the bill but leaves the endorser free of any liability for acceptance or payment.
- It transfers all rights arising from the bill of exchange and makes the endorser a guarantor of acceptance and payment. Correct answer.
- It converts the bill into an ordinary civil assignment requiring debtor notification.
Explanation
Under Articles 14 and 15 of Law 5325/1932, an endorsement transfers all rights arising out of the bill of exchange (transfer function / μεταβιβαστική λειτουργία) and, unless accompanied by a 'without recourse' clause, the endorser guarantees acceptance and payment (guarantee function / εγγυητική λειτουργία).
Question 48Role knowledge and related same-jurisdiction law
Under the Greek Insolvency Code (Law 4738/2020 on Debt Settlement and Second Chance), what is the general threshold defining insolvency / cessation of payments (παύση πληρωμών)?
- When a debtor is in a general and permanent inability to fulfill their matured monetary obligations as they fall due. Correct answer.
- Whenever a company shows a negative balance sheet in two consecutive financial years.
- When a creditor files an attachment order against the debtor's bank accounts.
- When the debtor owes more than €10,000 to the social security administration.
Explanation
Under Article 77 of Law 4738/2020, declaration of bankruptcy requires that the debtor be in cessation of payments (παύση πληρωμών), defined as a general, permanent, and definitive inability to satisfy their overdue monetary debts. A rebuttable presumption applies if unpaid matured obligations exceeding €30,000 and 40% of total debts persist for over six months.
Question 49Role knowledge and related same-jurisdiction law
What is the primary objective of the Pre-Insolvency Rehabilitation Procedure (Διαδικασία Εξυγίανσης) under Articles 31–64 of Law 4738/2020?
- Immediate liquidation of the enterprise assets and dissolution of the company.
- A restructuring imposed by the court on the debtor at the request of a single creditor.
- Transfer of all company shares to the State without compensation.
- Ratification by the court of a consensual restructuring agreement between the debtor and a qualified majority of creditors to restore viability and avoid bankruptcy. Correct answer.
Explanation
The rehabilitation procedure (διαδικασία εξυγίανσης) under Law 4738/2020 is a pre-insolvency restructuring mechanism aiming to preserve, rehabilitate, and restructure the debtor's business through a court-ratified agreement approved by at least 50% of secured and 50% of unsecured creditors.
Question 50Role knowledge and related same-jurisdiction law
Under Greek Trademark Law (Law 4679/2020), what is the initial duration of trademark protection from the date of filing, and can it be renewed?
- Five (5) years, non-renewable.
- Ten (10) years from filing, indefinitely renewable for successive ten-year periods upon payment of renewal fees. Correct answer.
- Twenty (20) years, expiring permanently without renewal.
- Fifty (50) years matching copyright protection.
Explanation
Under Article 21 of Law 4679/2020, trademark registration is valid for ten (10) years starting from the date following the filing of the application. Protection can be renewed indefinitely for successive periods of ten years upon timely application and payment of statutory renewal fees.