Criminal law is a set of rules that indicate the actions that society disapproves of. A criminal wrong differs from a civil wrong. Precisely, a criminal wrong denotes an action that inexcusably and unacceptably threatens or causes harm to individuals or society. Criminal law focuses on protecting society and discouraging criminal acts, by imposing punishments on the people who carry out these actions. It is notable that the criminal law rules in Cyprus largely reflect the fundamental principles and major offenses of English common law.
The Penal Code (Cap. 154) includes all major criminal offenses and responsibilities. On the other hand, the Criminal Procedure Law (Cap. 155), regulates everything related to the criminal process. Precisely, the structure of the Criminal Procedure Law provides for supporting all important provisions of the Constitution of the Republic of Cyprus, the European Convention on Human Rights and other international treaties. This guarantees the application of the law in a way that protects the rights of citizens and, at the same time, does not impede the protection of people against criminal offenses and the administration of justice.
Criminal Responsibility and Procedures:
Before proceeding with the general criminal liability guidelines in Cyprus, it should be clarified that a person under the age of 10 cannot be held criminally liable for any crime committed. Pursuant to the provisions of the Constitution of the Republic of Cyprus, any person charged with a crime is considered innocent until proven guilty. Therefore, the prosecution must prove that the accused individual is guilty beyond a reasonable doubt. That is, the burden of proof rests with the prosecution. Furthermore, it should be noted that criminal liability and/or sanctions are only imposed if there is a clear criminal intent.
Generally, criminal proceedings are instituted by the state. According to the Constitution, the Attorney General of the Republic, who is an independent official of the government, can initiate, carry out, take over, continue and suspend any proceedings for an offense against any person in the Republic of Cyprus. In addition, the Police may institute proceedings through the District Police Division Commander based on the provisions of the Police Act (Cap. 285). These cases tend to have a public element and are always under the supervision of the Attorney General.
Precisely, in Cyprus, criminal justice is applied through:
- district courts
- short seat
- Supreme Court of Cyprus
There is a wide spectrum of acts that constitute a criminal offense and are punishable in the Republic of Cyprus, some of them are listed below:
- violent crime
- Assault
- sexual assault
- Stole
- Drug trafficking and possession
- Fraud and money laundering
- Driving while intoxicated and other traffic violations
Punishments:
Penalties are defined according to the seriousness of the crime committed. Some striking examples of punishment are:
- Penalty fee
- suspended award
- house arrest
- Conditional freedom
- Prison.
Criminal proceedings require the immediate involvement of experienced and dedicated attorneys. An experienced attorney will thoroughly study your case and provide you with the appropriate legal support.