Criminal Law
Criminal law is a part of public law that deals with the criminal conduct of the citizens. It prohibits behaviour considered detrimental threatening or otherwise compromising the citizens, the structural and moral integrity of the society, the legal and administrative system, the country, property, health, environment, safety, and moral welfare of people. Criminal law is established by statute enacted by the Parliament and authorizes punitive treatment of the offender. Offences are usually classified as infractions, misdemeanours and felonies, mainly depending on the maximum punishment provided for by the law. Infractions do not carry prison sentences and are usually punished by fines. Misdemeanours and felonies may carry both prison sentences and fines, but the first are considered of low seriousness whilst the latter of grave seriousness. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is placed more on dispute resolution and victim compensation rather than on punishment.
Criminal Offences
Classical criminal law includes all the historically familiar criminal conduct such as:
- Crimes against the person (murder, manslaughter, assault, battery or other bodily harm, kidnapping etc.)
- Crimes of vice or sexual behaviour (rape, defilement, incest, pedophilia, procuring or exploitation of prostitution, indecent exposure etc.)
- Crimes against social order, the state or the establishment (mutiny, treason, espionage, sedition etc.)
- Crimes against public order (affray, public nuisance, riots, drunken or disorderly conduct etc.)
- Crimes against public safety (terrorism, piracy, money laundering, organised crime etc.)
- Crimes against property (criminal damage, arson etc.)
- Crimes against personal assets (theft, larceny, burglary, forgery, counterfeiting, robbery, obtaining property by false pretenses or deception, dealing in stolen goods, impersonation and identity theft etc.)
- Crimes against legal authority (bribery, corruption, abuse of office etc.)
- Crimes against justice (perjury, perverting the course of justice, escaping from legal detention etc.)
Modern criminal law includes the so called “statutory or regulatory crimes” i.e. those which are created and are the product of a law enacted to regulate a particular aspect of importance to society. Such laws aspire to achieve certain goals or regulate a particular industry and thus there is a need for the prohibition of a certain types of conduct that would violate the aims that law sets out to realise. Such crimes may relate to violations of drugs law, environmental law, tax law, social security law, insurance law, labour law, industrial and commercial law, maritime law, etc. Punishment for such crimes is usually less severe and carries a lesser social stigma.
Penology
Akin to criminal law is Penology (mitigation, sentencing punishment and rehabilitation) which includes the punishment of people who violate these laws and their reintegration into the society. Five objectives are widely accepted as a reason for the enforcement of the criminal law and these are:
- Punishment and Retribution, which is based on a long standing principle of “an eye for an eye”.
- Restoration achieved by repairing the harm or injury inflicted upon the victim by the offender, usually by compensating the victim or restoring the victim the original positions he/she was before the harm or injury, based on the principle of “restoring the balance.”
- Deterrence of both the individual, by discouraging the offender from future wrongdoing or criminal behaviour, and the public in general, by discouraging individuals as a whole from committing those offenses.
- Incapacitation of the offenders by removing them from society so that the public is protected from their misconduct usually through a prison sentence.
- Rehabilitation and Reintegration by transforming an offender into a valuable member of society. Its primary goal is to prevent further offense by convincing the offender that their conduct was wrong.
Criminal Law in Cyprus
The Adversarial System: The administration of criminal justice in Cyprus is based on the adversarial system of judicature and litigation with roots in the English legal system (Common Law). In the adversarial system the Judge’s role is that of an independent and objective referee, who shall issue his decisions throughout a trial where witnesses give their evidence under oath in public hearings. The prosecution (or plaintiff in civil cases) shall first call its witnesses and when it fully presents its evidence then the defence of the accused shall call its witnesses. At the end of the trial both sides my make oral or written submissions and develop their arguments. Owing to the small population of the island, in Cyprus there are no jury trials so the judge plays the role of both a determiner of law (a jurist) and a determiner of fact (a jury).
In the adversarial system of criminal justice, counsel plays a vital role in all stages of the proceedings, including the investigative stage and the pre-trial proceedings. They shall advise the suspects or accused persons of their rights, be present during interrogations and make sure that everything takes place according to well-recognised legal and constitutional principles of “due process”. They shall advise and agree the defence strategy with their clients and promote it during trial, try to exclude incriminating or detrimental evidence and create reasonable doubt, but also to examine, cross-examine and re-examine witnesses.
The prosecution has to prove guilt of the accused beyond any reasonable doubt. And the citizen does not need to adduce evidence to prove his innocence in any way as he is constitutionally protected by the right of the “presumption of innocence”. Also the prosecution must adduce evidence that abides by the rules of evidence and criminal procedure which are geared towards ensuring that the probative value of the evidence is greater that the unfairness cause to the accused and serves the goals of justice.
Criminal Offences: In Cyprus the classical criminal offences are included in the “criminal code” which encodes the most of the offences traditionally considered as “criminal” offences and lays down the penalty for each one. The procedural rules are included in the “criminal procedure law which set out rules that regulate the criminal justice process, i.e. the investigation, institution of proceedings and the actual procedure to be followed during a criminal trial for the just determination of the guilt or innocence of the accused and the imposition of sentences.
Criminal Proceedings: The criminal proceedings in Cyprus are deemed to start when an accused person is informed (usually by a formal caution of the accused’s right to silence) that he is being investigated by the police for perpetrating a criminal offence. When the police investigation of a serious crime is complete, the case is forwarded to the Attorney General’s office for directions as to the necessity and mode of prosecution. If there is sufficient evidence against the suspect to justify prosecution then the case goies to trial by the filing of an indictment with the court. The trial court shall look at matters of bail, procedure, evidence, issue summons for witnesses, conduct the trial etc. and at the very end (as there is no jury) it shall decide whether the accused is guilty (and proceed to sentencing) or not guilty (and acquit).
Criminal Courts: The main courts administrating criminal justice at first instance are:
- District Courts (one judge).
- Assize Courts (three judges), and
- Military Courts (one or three judges corresponding to specific offences).
According to long standing constitutional principles but also obligations of Cyprus as a signatory of the European Convention on Human Rights and Basic Liberties (ECHR) (Protocol 7 article 2 ECHR ratified by Cyprus) all persons who have been convicted have a right to appeal and have the first instance decision reviewed by the Supreme Court in its appellate jurisdiction as a court of criminal appeals (three judges).
Infractions and Misdemeanours in Cyprus or any felonies that carry a maximum sentence of 5 years imprisonment, are usually tried by District Courts, whilst felonies that carry a sentence of more than 5 years imprisonment are usually tried by the court of Assizes, unless the Attorney General grants permission for them to be tried by a District Court if he/she considers that this would be in the interests of Justice, especially if he/she expects that under the circumstances that the offence has been committed the sentence imposed shall be less than 5 years imprisonment.
Our Services:
Our lawyers handle all types of criminal cases before any court administering criminal justice. Our lawyers who deal with this delicate area of law, offer their services on a 24/7 basis. We aim to provide legal advice and services for criminal offences with diligence, efficiency, professionalism, vigor and forcefulness.