BREACH OF TRUST BY PUBLIC SERVANT (article 256 of the Greek Criminal Code)

In this study, the crime of breach of trust by public servant is thoroughly examined. Initially, an outlining of this crime’s correlation with corruption crimes is attempted, while subsequently it is deemed appropriate to consider the legislative developments of the criminal provision, as well as similar rules in foreign jurisdictions. Following the identification and the conceptual determination of the legal interest impacted by this crime. Then, the individual elements of the actus reus and mens rea are specified and conceptually defined, considering the forms in which the crime can be demonstrated, the sanctioning part of the rule, as well as variations of this crime. This interpretive approach is accomplished by examining the emerging procedural matters in judicial practice.