The criminal provision of article 66 para. 5 (b) and (c) of the Greek Copyright Act (Law 2121/1993) is a “blank criminal provision”

Greek Supreme Court [Areios Pagos] (7th Criminal Chamber)

Decision No 671/2015

(Unknown parties)

(Published in “Nomos” Law Database)

The criminal provision of article 66 para. 5 (b) and (c) of the Greek Copyright Act (Law 2121/1993) is imprecise and does not meet the required accuracy and certainty that a criminal provision must bear, according to article 7 of the Greek Constitution and article 1 of the Greek Criminal Code (“nullum crimen nulla poena sine lege certa” principle). In fact, the specifications required for the criminal evaluation of the acts of manufacture, importation, distribution or possession with intent to distribute equipment or other materials for the reproduction of a work (in this case: satellite TV decoders), are not described neither in the provision in question, nor by an ad hoc Presidential Decree, which is still not enacted. Therefore, the provision of article 66 par. 5 (b) and (c) of the Greek Copyright Act is a blank criminal provision.

Key-words: Intellectual Property in Greece; Greek Copyright Law; Specifications; Reproduction means; Blank criminal provision; Nullum crimen nulla poena sine lege; Greek Criminal Law; Criminal Sanctions; Normal exploitation of a work or related rights.

Legal provisions: art. 59 and 66 par. 5 of the L. 2121/1993; art. 1 and 14 of the Greek Criminal Code; art. 7 par. 1 of the ECHR; art. 15 of the ICCPR of the UN.

Theodoros Chiou Lawyer Attorney Athens Greece Copyright Intellectual property