ARTICLE
24 January 2025

Legal Defense Against False Accusations: Protecting Your Rights With Expert Representation

Phoebus, Christos Clerides & Associates LLC (Clerides Legal)

Contributor

Phoebus, Christos Clerides & Associates LLC was founded in 1950. The firm was carried forward by the son of Phoebus Clerides – Dr. Christos Clerides of King’s College London. Phoebus Clerides was an ex-Minister of Justice and an ex-member of the House of Representatives. Dr. Christos Clerides was also an ex-member of the House of Representatives and the National Council of Cyprus, as well as President of the Cyprus Bar Association. Currently the office is lead by the third generation of advocates, Phoebe Cleridou, Alexandros Clerides and Constantinos Clerides. It has been active for 74 consecutive years in the provision of legal advice, services, and in the management and resolution of disputes with a specialisation in litigation. Out of court the firm provides advice in relation to corporate, commercial and related matters. In light of its long existence, the firm is active in all legal areas and is staffed with 16 professionals.
In criminal cases, accusations of wrongdoing can arise even when the accused had no intent to commit a crime. Misunderstandings, procedural errors, or even malicious actions by others can lead to charges, such as those involving false declarations under oath.
Cyprus Litigation, Mediation & Arbitration

In criminal cases, accusations of wrongdoing can arise even when the accused had no intent to commit a crime. Misunderstandings, procedural errors, or even malicious actions by others can lead to charges, such as those involving false declarations under oath. A recent criminal court case where we successfully defended our client highlights the importance of understanding your rights and securing robust legal defense when faced with such situations.

The Risks of False Allegations in Legal Declarations

Accusations of providing false statements under oath, as covered under Article 117 of the Criminal Code Cap. 154 in Cyprus, are serious and carry the potential for severe penalties, including imprisonment. However, these cases often hinge on:

  1. Proving Intent: Establishing whether the accused knowingly and willfully made a false statement.
  2. Understanding Legal Nuances: Misinterpretations of legal definitions, such as what constitutes "secured property," can lead to errors without intent.
  3. Circumstantial Evidence: Cases can arise from incomplete or ambiguous documentation.

Defending Against False Allegations

A strong defense strategy focuses on demonstrating the absence of intent and providing evidence to clarify misunderstandings. Courts in Cyprus have recognized that mistakes or omissions in legal filings do not automatically constitute criminal intent. Key aspects of a defense include:

  1. Detailed Review of Evidence: Scrutinizing the circumstances under which the statement was made.
  2. Testimony from Reliable Witnesses: Establishing the context and intent behind the accused's actions.
  3. Procedural Safeguards: Ensuring the case adheres to fair trial standards, including the burden of proof resting on the prosecution.

Lessons from the Case

In the referenced case, the accused was charged with making a false declaration in a bankruptcy application. The defense successfully argued that:

  • The error in the declaration stemmed from oversight rather than intent.
  • The accused took prompt corrective action upon realizing the mistake.
  • The alleged false statement did not materially impact the legal proceedings or the rights of others.

The court ultimately found that the prosecution failed to prove intent beyond reasonable doubt, underscoring the importance of a meticulous and well-prepared defense.

Why You Need Expert Legal Representation

Facing charges for false declarations or similar allegations is daunting. A skilled defense lawyer can help by:

  1. Analyzing the Case: Identifying weaknesses in the prosecution's arguments.
  2. Building a Robust Defense: Gathering evidence, consulting experts, and preparing compelling legal arguments.
  3. Advocating in Court: Ensuring your rights are protected and presenting a strong case for acquittal.

For any inquiries or further information about the legal topics discussed, please consult a legal professional or reach out to your trusted advisor. This article is intended for informational purposes only and does not constitute legal advice.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More