Cyprus' Criminal Code was drafted in 1959, before the island's independence. Despite dozens of amendments, it continues to contain provisions that raise questions about the proportionality of penalties. A comprehensive review of the Code has been pending before parliament since 2003.
Causing the death of another person through a reckless, thoughtless or dangerous act is punishable by up to four years in prison. By contrast, stealing livestock or agricultural produce carries a prison sentence of up to five years. The disparity between the maximum penalties highlights inconsistencies that remain embedded within the Criminal Code.
These are not isolated examples. The Code still contains provisions that belong to another era, ranging from the breaking of plates in entertainment venues to offences relating to railway safety, underlining the urgent need for modernisation. Indicative examples include the following articles:
Article 265 - Theft of animals, produce, etc.
(1) If the item stolen is one of the following, namely a horse, mare, gelding, donkey, mule, camel, bull, cow, ox, ram, lamb, wether, goat or pig, or the young of any such animal, or any agricultural crop or fruit, the offender is liable to imprisonment for five years.
The provisions of Article 8 do not apply to a criminal prosecution under this article for the theft of agricultural crops, fruits or produce from land or trees registered in another person's name, unless the accused proves to the satisfaction of the court that:
(a) he purchased or acquired by partition, exchange, inheritance or marriage the land or tree from the registered owner or that person's heirs; or
(b) the crop or fruit, although originating from land or trees so registered, was lawfully acquired.
Article 323 - Injury to animals
Any person who unlawfully and wilfully kills, maims or injures an animal capable of being stolen is guilty of a criminal offence.
Where the animal is a horse, mare, gelding, donkey, mule, camel, bull, cow, ox, goat, pig, ram, lamb, wether or the young of any such animal, the offender is guilty of a felony and liable to five years' imprisonment.
In every other case, the offender is guilty of a misdemeanour and liable to imprisonment for one year.
Article 210 - Causing death through a reckless, thoughtless or dangerous act
Any person who, through a reckless, thoughtless or dangerous act or conduct, not amounting to criminal negligence, causes the death of another person without intent, is guilty of an offence and liable upon conviction to imprisonment for up to four years or to a fine not exceeding two thousand five hundred pounds.
Article 235 - Causing a fatal accident and leaving the scene
(1) Any person who, after being involved in an accident causing the death of another person, leaves the scene without rendering assistance is guilty of an offence and, upon conviction, is liable to imprisonment not exceeding five years and/or a fine not exceeding €15,000.
(2) Any person who, after being involved in an accident causing bodily injury to another person, leaves the scene without rendering assistance is guilty of an offence and, upon conviction, is liable to imprisonment not exceeding two years and/or a fine not exceeding €10,000.
(3) Any person who, after being involved in an accident causing damage to property, leaves the scene without rendering assistance is guilty of an offence and, upon conviction, is liable to imprisonment not exceeding one month and/or a fine not exceeding €3,000.
Other curiosities
The sentencing inconsistencies are not limited to the provisions above. The Criminal Code contains other clauses that attract attention both because of their subject matter and the penalties they impose.
Article 143 - Damage to trees
Any person who causes damage to trees planted in a public place is guilty of a misdemeanour and liable to a fine not exceeding 150 pounds or imprisonment for three months.
Article 95A - Breaking plates in entertainment venues
Any person who, while celebrating in a public entertainment venue, deliberately breaks plates or other objects made of glass, porcelain or other fragile material is guilty of a criminal offence and liable to imprisonment not exceeding three months.
Article 317 - Arson of crops
Any person who wilfully and unlawfully sets fire to:
(a) plantations of cereals, grains or cultivated crops, whether cut or uncut;
(b) cultivated hay or grass, whether naturally grown or planted, whether cut or uncut;
(c) standing trees, saplings or bushes, whether naturally grown or planted,
is guilty of a felony and liable to imprisonment for 14 years.
Article 230 - Acts endangering the safety of railway passengers
Any person who intentionally causes damage or endangers the safety of persons travelling by railway is guilty of a felony and liable to life imprisonment.
Article 223 - Duties of a master
Any person who, in the capacity of a master, has undertaken by contract to provide any servant or apprentice under the age of 16 with necessary food, clothing or shelter has a duty to provide those necessities and is deemed responsible for any consequence to the life or health of the servant or apprentice arising from any failure to perform that duty.
Judge Santis' 2010 speech
The inconsistencies in sentencing are not a new observation.
Sixteen years ago, then judge Nicolas Santis, now a judge of the Supreme Constitutional Court, highlighted the issue during a conference organised by the University of Cyprus and the Nicosia Bar Association on "Criminal Law and Crime Prevention".
The following passage from his speech is illustrative:
"A drunk driver wipes out a young family of five. He receives a four-year prison sentence (the maximum penalty). Society, as usual, is outraged with the judge. Supposedly, he does not care. He applied the law (Article 210, Cap. 154). But should we not care? Should we not care that a heavier penalty is provided for killing livestock (Article 276, Cap. 154) or for stealing a donkey (Article 265, Cap. 154) - five years' imprisonment? Or that grievous bodily harm (Article 231, Cap. 154), for example breaking someone's arm, carries an even heavier sentence - seven years' imprisonment? Or that the corruption of a girl aged between 13 and 16 (Article 154, Cap. 154) is punishable by three years' imprisonment, the same penalty applied to bestiality (Article 175, Cap. 154), malicious damage to agricultural machinery (Article 324, Cap. 154) or simple theft (Article 262, Cap. 154)? Clearly, reforms are required and perhaps a redefinition of our perception of crime, based on modern social realities. Concern and reflection by the Judiciary on such matters, without interference from external factors in the exercise of its institutional duties, cannot be regarded as constitutionally improper..."
Pending before parliament since 2003
The Criminal Code was drafted in 1959, before Cyprus gained independence, and was translated into Greek during the 1990s. Despite numerous amendments since then, it continues to contain provisions reflecting past social conditions as well as inconsistencies in sentencing.
In July 2003, the then chairman of the House Legal Affairs Committee and DISY MP Ionas Nicolaou proposed a comprehensive review of the Code. This was followed by the identification of gaps and deficiencies and the establishment of a subcommittee, which worked with the Law Office and the Ministry of Justice.
Despite those efforts, the comprehensive reform of the Criminal Code remains unfinished and pending before parliament.
