A brief spherical approach on Criminal Law in Cyprus by Marios Tryfonos

Regarding to the above mentioned subject, we seek the professional opinion of Mr. Antonis DEMETRIOU, an experienced lawyer specialized in Cyprus Criminal Law, in an effort to try and clarify some common interest issues relating to this particular domain.

Mr. Antonis DEMETRIOU (LLB (Hons) University of Kent, Barrister at Law, Gray’s Inn) is the Director of Demetriou & Demetriou L.L.C Law firm located at 39 Vasileos Pavlou Street, 1st floor, in Larnaca, Cyprus.

1) What is your opinion regarding criminal law in Cyprus and its development through time?
As an introduction, it is my duty to say that probably the only institution that remains solid and integral in our society and it is well respected by the public is our Judicial System and our Courts. I am very proud to be part of such a well-established system because if respect towards the Courts and Judges extinct, then as lawyers we will have no reason to practice our profession.

In regards to the area of criminal law in Cyprus, it has been developed based initially on English case-law as well as the Criminal Code (Chapter 154) and the Criminal Procedure Act (Chapter 155) and now we can safely rely to a great extend on our own case-law of the Supreme Court of Cyprus.

Furthermore, I would like to note and make special reference to the fact that many Cypriot Judges have honoured, not only the Cyprus Courts, but have also made us all proud and have made our country proud abroad, such as for example Mr. Arestis, Mr. Pikis, Mr. Nikolaou and others.  

2) Can Cyprus criminal law keep up with the everyday development of crime and to provide efficient solutions in respect to the rising crime rates?
We have to clarify however that the Courts are the final stage of the criminal justice procedure as the Courts are called upon to trial a case when it finally reaches them. However, for a case to reach the Court it must first be discovered by the Police and then pass through the Cyprus Law Office which will proceed with the necessary instructions in order for the case to be sent to the Court.

Thus, when the cases do finally reach the Courts, our legislation provides all the necessary provisions for the Court to trial any case. The Criminal Code and Criminal Procedure Act have been amended many times in an effort to adjust to the developments and the needs of our time.

3) What do you think is the role of both the legislative and judicial Authorities in relation to the development of Criminal Law in Cyprus?

It is important to clarify that in Cyprus there is a distinct separation of powers. The Judicial Authorities have no constitutional right to prepare laws and to bring them before the Parliament. The legislative body votes for the Laws and the Courts are there to apply the laws.

The legislative authority, our Parliament, is really trying to bring our laws up to date, but I believe that it would be beneficial if there was a team of specialists in place in order to assist the Parliament in regards to the legislative preparation so that the legislation voted corresponds to the developments and the evolution of society which requires constant amendment and update of our legislation.

In a lot of cases this is done by the Cyprus Law Office and the Office of the Attorney General. However, the duties and responsibilities of both the Attorney General and the Deputy Attorney General are so vast and their time so little and this is the same in regards to the staff of the Law Office as well, that I think it would be unfair and even impossible to expect that they can do everything. 

4) On the same subject do you think that maybe some suggestions from the Judicial Authorities can take place in regards to the legislations passed?
I think that this is possible and is probably done but as I have mentioned before, this has no constitutional background.

5) Do you think that the fact that most of our MP’s are lawyers influences the way they see matters in order to pass laws?
In order to prepare a legislation, specialism and expertise are required. Such expertise always depends on the subject-matter of each legislation. As I have mentioned before, what we need are specialists in every different field of legislation before it is proposed for voting. These are the cases that I mentioned earlier that a specialists team should advice prepare and assist the Parliament in regards to the proposed legislations. 

I believe the fact that most of our MP’s are lawyers is positive in the sense that they are more familiar with the subject and language of the laws.

6) Our Criminal law originates from the British legal system. Britain though has undergone numerous changes and reforms in regards to the development of its judicial and legislative aspects. How do you think Cyprus should proceed in order to reform its criminal Justice system?
As I recall when I was a young lawyer I took part in a trial before the Assize Court with the former Attorney General Mr. Petros Klirides. Many problems arose in regards to the Law on Evidence (Chapter 9) and it was since then that Mr. Klirides had strong opinions regarding Chapter 9. I discussed the matter with him as I was a young lawyer that had arrived in Cyprus after finishing the Bar at Gray’s Inn  and asked him to assign me with the task to record the Law on Evidence as it was amended in England. 

As I understand there was no such ability at the time for such services to be hired so as to amend and update this law and unfortunately we had to 2004 to modify Chapter 9 and even so, in a somewhat sloppy legislation, according not only to my opinion but several of my colleagues and even Judges’ opinion as well. I do believe that Chapter 9 should be re amended (if not re written) as the 2004 amendments were not sufficient to bring it up to date.

7) How do you think procedures have to be amended in order to have a more swift and conclusive justice system?
This issue has to do with procedures that had to be changed many years ago as for example computerization of the justice system, to increase the number of, to relief the Supreme Court from their workload as now they hear all kind of cases (Administrative, Constitutional etc) and much more.

For example, the fact that a criminal appeal before the Supreme Court might take 1-1,5 years to be heard is unthinkable, taking into consideration the possibility that the defendant might be acquitted which means that an innocent person remains imprisoned for no reason for 1,5 years. 

In regards now to the first instance trial of a case, I believe that specialised and separate criminal Courts should be formed in each province and new specialised judges to be hired to trial criminal cases in order to relief the existing Criminal Courts and to speed up the time criminal cases are tried.

8) Are our Laws adequate enough to protect the public safety feeling and wellbeing and deter criminals? Do the Courts exhaust the abilities/powers provided by legislation in order to prevent the commitment of crimes or they pass lenient sentences?
I have been a criminal law lawyer for the past 20 years and I can tell you that the matter you have raised is a very sensitive one. It is a fact that the Courts should remain impartial in their role as protectors of Justice. In no case, either for the sake of the Media, the moral satisfaction of the public or the satisfaction of the rage of any person, should the Courts divert from their impartial role. For the Court to be carried away or be influenced by the Media or the public outcry is a very dangerous route which in no case embraces Justice.

Each Judge examines each case separately and based on its own facts and the sentence passed or decision taken should not only be based on the commission of the criminal offence per se, but should also reflect the reality and special circumstances of each case and each separate offender as the honourable Judge Mr. Pikis has analysed in his book Sentencing in Cyprus. For instance a very decent and well-behaved young man goes at a football match. He is an excellent student and a generally well-behaved person but unfortunately he is at the wrong place, at the wrong time and commits a mistake, let us say for instance, throws a paper cup in the football field. Yes, preventive sentences should be passed in order to eradicate violence in the football and sports fields but in this specific case, should this particular defendant who is an excellent student, a well-behaved young man, with no prior convictions etc that has committed a mistake, be sentenced to jail thus stigmatizing his life ? I do not think that such a sentence would actually serve Justice and the role of the Courts. Impressiveness has nothing to do with Justice and the Courts. 

9) Is Cyprus complying, integrating and following EU legislation efficiently enough?
Cyprus is obliged to harmonise its Laws with the European acquis since our accession into the European Union and this has been carried out in a lot of cases, although with some delay. However, either delayed or not, harmonisation with EU Law is definitely taking place in Cyprus with considerable success in most cases.

10) Have the recent economic developments in the island affected the criminal procedures and the way justice deals with offenders?
As I have mentioned before, Justice should not be influenced in any way by the way society feels at any given time. Justice should be impartial and insusceptible and although Laws need to be updated to reflect the changes in society, it should in no way be affected or influenced by the ephemeral public feeling created after economic crises such as the global crisis the World is faced with today.

11) We were witnesses recently of high profile persons being convicted in relation to economical scandals. How do you think that this has affected the public feeling? What is the extra mile that needs to be covered in order to have the fulfilment of justice being served?
My opinion and from my experience, in such cases where public figures are involved, extreme caution is required needed in order to avoid the so called ‘witch hunts’ as this will inevitably lead our Justice system back to the dark ages.

We must not forget that it is a well-established constitutional and human rights’ principle that each person is considered innocent until proven guilty by a Court of Law. Unfortunately, in Cyprus we have observed in the past few months the phenomenon of public trials, public convictions and public defamation of people before they are even convicted by the only competent authority to judge their criminality, i.e the Courts. 

Let’s not forget that it is a basic criminal law principle that conviction of a defendant in a criminal Court should be beyond any reasonable doubt.  Of course, conviction by a Court of Law of a person who has committed a criminal offence is undoubtedly a satisfying outcome for the public especially if it is in cases which relate to the economic scandals that have led our society to its current state. On the other hand however, we cannot expect that any person who is accused should also be convicted just to satisfy the public rage if the evidence is not so strong against him as to justify his conviction. Therefore, special caution is advised in regards to criminal cases because from my experience, in many cases people’s lives have been destroyed due to the fact that they were prosecuted but were eventually found innocent.

It is true that for many years impunity was a key characteristic of the Cypriot society, but, in acknowledgment to the work done by the Cyprus Law Office, at last mentalities that do not belong to a civilized society such as Cyprus, are now opposed to and fought against. 

We all knew of the malpractices that took place but people did not react until our financial destruction came. This is a good opportunity to call upon each and every one of us to ponder upon our own responsibilities in regards to the people that we supported and even voted for all these years.

12) Does Cyprus Criminal law protect both the complainant in order to feel justified and the perpetrator in order to ensure all his/her legal rights are observed?
Yes this is my solid belief. Justice in Cyprus has very high standards. But I would like to stress something for the future. I strongly believe that a school for Judges must be founded in Cyprus with state funds for the education of our Judges. Thus the lawyers wishing to become Judges should attend this school and only the elite of this school, the best Judges should be selected to serve our legal system.

Having said that, I cannot stress enough that even in the midst of this rough economic situation, as I previously said and will continue to say, the standards and level of Justice in Cyprus is very high. Therefore, I believe that the wages of the Judges should be such as to work as a motive for an excellent lawyer who is capable of becoming a Judge, to go ahead and do so. This should be done in my opinion in order to facilitate and protect the high standard of Justice in Cyprus.

13) How do you think corporate, tax and financial law are being served through criminal judicial procedures in Cyprus?
Criminal procedures relate to the above only upon the commitment of a criminal offence.

14) Does our Criminal law background protect business persons wanting to invest in Cyprus insuring that they and their interests will be adequately protected?
In very few cases I think that businessmen have been involved in Criminal cases in their business capacity, but I think that for sure their interests can and will be adequately protected in any case.

15) Any additional thoughts on the matter.
As a conclusion I want to say and this is my honest opinion, that I am very proud to be a Cyprus lawyer in these difficult and challenging times because I have the belief that our Courts with any weaknesses that they may have, do manage to provide high standard and quality services and our Courts are and should be respected and trusted by everyone.  

By Marios Tryfonos,  Bachelor of Laws student at University of London (International Programmes)