Criminal Procedure Code at Cyprus
Cyprus's criminal justice system is governed by a combination of domestic legislation and European Union directives, reflecting both its legal heritage and EU membership.
🇨🇾 Criminal Procedure Code: Cap. 155
The primary legal framework for criminal procedure in Cyprus is the Criminal Procedure Law (Cap. 155), enacted in 1959 during British colonial rule. Despite its age, Cap. 155 remains the cornerstone of criminal procedure in Cyprus. It outlines procedures for arrest, detention, search and seizure, charging, trial, and appeals. Notably, it mandates that an arrested individual must be brought before a judge within 24 hours . (Criminal Procedure - Lecture 8 - Phoebus, Christos Clerides & Associates LLC, Cyprus Criminal Law: Understanding Your Rights, Arrest Procedures, and Defending Your Case - Best Lawyers in Cyprus | Cyprus Lawyers & Law Firms)
🇨🇾 Modern Reforms: Law 163(I)/2005
To align with EU standards, Cyprus enacted Law 163(I)/2005, which transposed EU Directives 2012/13/EU and 2013/48/EU into national law. This legislation enhances the rights of individuals upon arrest, including: (Understanding your right of access to a lawyer upon your arrest)
Right to Information: Arrested persons must be informed of their rights, including the right to remain silent and the right to legal counsel . (Understanding your right of access to a lawyer upon your arrest)
Right to Access a Lawyer: Suspects have the right to consult with a lawyer promptly after arrest.
Right to Free Legal Aid: Individuals who cannot afford legal representation are entitled to free legal aid . (Understanding your right of access to a lawyer upon your arrest)
🇨🇾 Constitutional Safeguards
Cyprus's Constitution further protects individual rights:
Article 11: Guarantees the right to personal liberty and security, stipulating that no one shall be deprived of their liberty except in accordance with the law.
Article 16: Protects the inviolability of the home, requiring a judicial warrant for searches, with exceptions for flagrant offenses. (Criminal Procedure - Lecture 8 - Phoebus, Christos Clerides & Associates LLC)
🇨🇾 Accessing the Legislation
The full text of Cap. 155 is available through the Cyprus Ministry of Justice and Public Order. For the Law 163(I)/2005, official publications can be found on the Cyprus Government Gazette website. (Legislations - Ministry of Justice and Public Order - Gov.cy, Understanding your right of access to a lawyer upon your arrest)
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