Law 5271/2026, titled “Protection of works of art and collectible items – Combating the manufacture and trafficking of counterfeit works of art and collectible items and the damage of works of art and collectible items – Criminal provisions – Establishment of a Register of Sworn Expert Appraisers,” was passed on 30 January 2026 and establishes a stricter and more specialized framework addressing two of the most vulnerable areas of the art market: the circulation of counterfeits and attacks/damage to works exhibited in public spaces or museums.
At its core, the Law introduces a new specific criminal offence for the manufacture/ alteration/ exhibition/ trafficking of works with the aim of deception, and establishes a register of sworn expert appraisers for authenticity.
This new offence (Article 4) is of major practical importance because it does not target only the maker. It applies to anyone who, with the aim of deception (intent is required) as to the identity of the creator, provenance, dating, nature, or composition, manufactures or alters a work, as well as anyone who exhibits, traffics, places on the market, transfers, possesses, or accepts into their possession a work of art or a collectible item.
The baseline penalty is set at imprisonment of at least six months and a fine of at least EUR 5,000, with stricter provisions for aggravating circumstances, in particular where the item’s value exceeds EUR 120,000, where the act is committed professionally or on a “commercial scale,” or where the conduct is organized by more than one person or within the context of a criminal organization.
In addition, if the perpetrator operates professionally in the field of works of art/collectibles, an ancillary penalty is provided for, namely a ban on practising the profession or participating in the administration/operation of a legal entity for a period ranging from three months to five years.
Article 5 is of particular importance, as it enables the court to order confiscation or restitution to the creator/heirs or, where applicable, to the Hellenic State; and where the item was manufactured from the outset with the aim of deception, its destruction is ordered before a three-member committee, following prior photographic or other documentation.
Register of Sworn Expert Appraisers
At an institutional level, the Ministry of Culture establishes a Register of Sworn Expert Appraisers for conducting expert examinations to verify authenticity, following a request or order by authorities or even by private individuals, and it is maintained digitally.
Furthermore, a digital archive of authenticity expert reports is to be maintained by the competent department, while the register is intended to be freely accessible to the public electronically.
Combating Damage to Works of Art
As regards damage, Article 11 introduces new Article 378A of the Greek Penal Code, which penalizes anyone who destroys, damages, soils, alters, or renders impossible/difficult the use of a work of art or collectible item exhibited or stored in common/public spaces, in premises of the State/Local Authorities/Public Legal Entities, and in museums (or in exhibition/storage premises pursuant to agreements).
The baseline penalty is imprisonment of at least two years and a fine of at least EUR 2,000, while if the act is committed negligently it is punished more leniently. For cases of high value (over EUR 120,000) combined with organized conduct, imprisonment of up to ten years and a fine of at least EUR 10,000 are provided for.
In summary, the Law seeks to strengthen the institutional safeguards of a market that has long been burdened by the trafficking of counterfeits, not only through stricter criminal consequences but also through mechanisms that aim to enhance the protection of buyers, creators, professionals, collectors, and museums.
Its implementation will be of particular interest, because much will depend on how intent is proven—namely the purpose of deception or the mindset accompanying an act of trafficking, placing on the market, or possession. In a market where chains of provenance are often incomplete and transactions often rely on a handshake, statements, and indications, proving the subjective element will frequently be the “key” distinguishing criminal liability from poor practice or negligent procedure.
In practice, parties involved in a transaction will need to place greater emphasis on documenting provenance and history, on clear contractual warranties as to authenticity/lawful provenance, on preventive authenticity checks by appropriate specialists, and on handling, security, and condition-reporting protocols before and after transport or exhibition.