MPs on the House Legal Affairs Committee will today examine a Justice Ministry bill that transfers existing minor offences, currently regulated through municipal on-the-spot fines, into the new Law on Municipalities that emerged from the local government reform. These are €85 administrative fines which, as Politis recently highlighted, include offences so outdated that they now sound comical.
Similar absurdities can also be found in the Criminal Code. Many of its provisions are described as outdated, contradictory and vague, covering offences that time has overtaken and reflecting mindsets from bygone eras, going back to the period of British rule.
Push for modernisation
According to information, MPs on the Legal Affairs Committee are minded to take an initiative, in cooperation with the new Commissioner for Legislation, Sofia Kleopa Hadjikyriakou, to remove all obsolete offences contained in the Criminal Code and other laws that are enforced through on-the-spot fines.
A similar effort was launched in July 2003, when then chair of the Legal Affairs Committee and Disy MP Ionas Nicolaou tabled a proposal. A subcommittee was set up under his chairmanship, which held a series of meetings with the Legal Service, the Justice Ministry and the Commissioner for Legislation. The process, however, eventually stalled.
The absurd offences
The Justice Ministry bill before the Legal Affairs Committee today provides for an €85 on-the-spot fine for the following offences, among others:
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Driving a vehicle or riding a horse at excessive speed or in a dangerous manner.
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Deliberately obstructing any road by placing a rope, cord or pole across or along it, or by hanging or placing clothes out to dry, advertising signs, slogans or other objects.
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Shaking out or beating carpets or similar items into the street from any part of a house or other building.
Illogical and outdated provisions
Below are indicative provisions of the Criminal Code that, lawyers argue, should either be revised or scrapped, as they no longer match today’s conditions:
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Article 86A, possession of handcuffs: anyone who imports, manufactures, sells, offers or exposes for sale, possesses or transports handcuffs without the permission of the Chief of Police is guilty of a misdemeanour and is liable to six months in prison or a fine of 500 pounds or both.
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Article 95A, breaking tableware in public venues:
(1) Any person who, in a public recreation or entertainment venue, deliberately breaks any tableware made of glass, porcelain or other fragile material is guilty of a misdemeanour and is liable to six months in prison.(2) The owner or person in charge of the venue who provides the means for committing the offence described in paragraph (1) is also guilty of a misdemeanour and liable to the same penalty. -
Article 97, Muslim festivities:
(1) Any person who organises or is responsible for organising a Muslim festivity, or owns the premises where such a festivity takes place, and who hires, with or without payment, or knowingly allows a female dancer to dance or sing during the event, is guilty of a misdemeanour and liable to a fine not exceeding 75 pounds or to one month in prison.(2) In this article, “female dancer” means a woman who is a prostitute or who dances or sings for payment at a Muslim festivity. “Muslim festivity” means a Muslim celebration organised on the occasion of a wedding or circumcision. -
Article 223, duties of a master: anyone who, in the capacity of 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 all these and is deemed to have caused any consequences for the life or health of the servant or apprentice arising from failure to perform that duty.
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Article 261, theft between spouses: any spouse who, while living together, causes the other to use any property which he or she knows belongs to the other in a way that would constitute theft if they were not married, is deemed to have stolen the property and may be charged with theft.