Introduction
Being informed about the commitment of criminal offenses in the Republic of Cyprus has become a recurrent aspect of our daily lives. We have often heard of the commitment of offenses and/or actions prohibited by Cypriot Legislation. Specifically, in the Cypriot Legal system, criminal offenses are mostly codified in the Criminal Code Law, Cap. 154.
The entire procedure held before the criminal courts, which is responsible for the adjudication of such cases, is regulated by the Criminal Procedure Law, Cap. 155. The Criminal Courts are daily called upon in various cases to decide whether the accused should be released or if the request for detention of the Prosecutor is justified, depending on the circumstances of each case and, among other things, the seriousness of the offenses for which the accused is charged.
Legal Aspect
The detention order of the Accused is one of the most drastic measures, a Court can order upon the Prosecution's request and has a result of the restriction of the defendant's right to liberty. A fundamental right enshrined in Article 11 of Part 2 of the Constitution of the Republic of Cyprus. The examination of the request for the accused's detention must be done sparingly and guided by the fundamental principle that every accused is presumed innocent until proven guilty beyond a reasonable doubt. According to case law, it is stated that the rule is that accused are released and the rule can only be bent when specific conditions are met.
Discretion of the Court
The Court is called to balance the constitutional right of the Accused to remain free and the public interest which demands the assurance of the Accused's presence in Court. The Court has the discretion, whether in favour of or against detention, to apply it based on established fundamental principles settled by case law and to justify their decision.
Conditions According to Cypriot Case Law
According to case law, for the Court to deem the detention of the accused necessary until the trial, it examines:
(a) the risk and/or likelihood of not appearing at the trial,
(b) the risk and/or likelihood of committing the same or another crime, and
(c) the risk and/or likelihood of influencing witnesses.
It is noted that in the case of Vasiliou v. Republic (1997) 2 A.A.D. 7, it was stated that each of the above factors is examined separately, and if any of them exist, it can justify the issuance of the detention order. Therefore, it is not necessary for all three factors to be present for the accused's detention to be ordered. Also, depending on the seriousness of the offense in conjunction with the likelihood of conviction and imposition of a severe penalty, they are basic indicators considered by the adjudicating Court in assessing the probability of the accused's appearance at his trial.
In various cases, such as Theodorides et al. v. Police (2001) 2 A.A.D. 139, it was pointed out that the more serious the charge, the greater the incentive for the accused to avoid trial. It is understood that there are gradations in the severity of criminal offenses depending naturally on personal circumstances, facts, and conditions of the offenses in each case.
Release of Accused under Conditions
The Courts, having examined and weighed the above factors, are called to decide whether to issue a detention order against the accused or whether to release the accused until his trial. At this stage, the Court can set such conditions for the Accused to ensure his presence in Court on the trial date. The conditions the Court can impose on the Accused include, among others, the following:
- Guarantee which can take various forms. It can be simply signing a personal guarantee, paying a monetary amount, or adding a solvent guarantor.
- Handover of the Accused's travel documents, including identity card and/or passport.
- Registration of the Accused's details on the "Stop List" to prevent his escape from the Republic.
- Weekly appearance at the nearest Police Station.
The above conditions are the most common ones imposed by the Court on the Accused. In each case, the Court may impose one condition or a combination of these or all the above. The above list of conditions is not exhaustive.
Right to Liberty
As mentioned above, every accused has a right to liberty. A fundamental right enshrined in the Constitution of the Republic of Cyprus and the European Convention on Human Rights. Although it is a fundamental right, the Constitution itself provides for cases where a citizen's liberty may be restricted. Among the cases is the Court's detention order until the case is adjudicated.
Conclusion
As derived from the above, it is a very effective measure that restricts the fundamental right to liberty of the accused. Therefore, every accused has the right and should receive legal advice and know their rights at every stage of the procedure, both before the filing of the case against him and during his trial. In each case, the Court must weigh all factors and circumstances of the case before deciding on the detention or not of the accused. The above information is for informational purposes. The reference to the "Accused" in the above text is made for practical reasons and includes all the genders. Our law firm undertakes Criminal Law cases and can represent clients in all Districts of the Republic of Cyprus. Additionally, our office offers legal advice in various areas of law and legal representation in cases before all levels of the Cypriot Courts.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.