Criminal Law Lecture 3

Cyprus Judicial System  Supreme Court  District Court  Assize Court  Family Court  Rent Control Tribunals  Industrial Tribunals  Military Court

Supreme Court Highest court of Cyprus - 13 judges Appellate Court: The Supreme Court has jurisdiction to hear and determine all appeals from lower courts in civil and criminal matters. Appeals are heard by a panel of three judges. Review of Administrative decisions: The Supreme Court has exclusive jurisdiction to hear any recourse filed against a decision, act or omission of any person, organ or authority exercising executive or administrative authority. Prerogative Writs: The Supreme Court has exclusive jurisdiction to issue the prerogative writs such as Habeas Corpus and Mandamus Admiralty Election Petitions Constitutional Matters: The Supreme Court has jurisdiction to examine the constitutionality of any law or any conflict of power or competence which arises between any organs or authorities of the Republic. In addition the Supreme Court hears and determines any recourse by the President of the Republic regarding the compatibility with the constitution of any law enacted by the House of Representatives

District Courts There are six District Courts, one for each administrative district of the Republic of Cyprus (Nicosia, Famagusta, Limassol, Larnaca, Paphos and Kyrenia). The District Courts have jurisdiction to hear and determine at first instance all civil actions, with the exception of matters that fall within the jurisdiction of the other civil courts. The District Courts also have criminal jurisdiction and can try all criminal cases for offences punishable with up to 5 years imprisonment. Offences for which the maximum penalty exceeds 5 years imprisonment are tried by the Assize Court

Family Court  The family courts have exclusive jurisdiction to determine petitions for divorce, custody of children, maintenance and property disputes between spouses where the parties are members of the Greek Orthodox Church.  If the parties belong to one of the other religious groups jurisdiction is vested in the Family Court for Religious Groups.  There are 3 Family Courts, one for Nicosia and Kyrenia, one for Limassol and Paphos and one for Larnaca and Famagusta. There is also one Family Court for Religious Groups, based in Nicosia.  Cases are heard and determined by a single judge, except divorce petitions which are heard and determined by a court composed of three judges.

Rent Control Tribunals Recovery of possession of controlled rented property and the determination of fair rent, as well as any other incidental matter. Each Rent Control Court (of which there are currently three) is composed of a President, who is a member of the Judiciary, and two lay members nominated by the tenants and landlords associations. The lay members have a purely consultative role.

Industrial Disputes Tribunal Termination of employment – payment of compensation, payment in lieu of notice, compensation arising out of redundancy and any other claim for any payment arising out of the contract of employment. Additionally the Industrial Disputes Tribunal has jurisdiction to determine any claim arising out of the application of the Protection of Motherhood Law, cases of unequal tratment or sexual harassment in the workplace and disputes between Provident Funds and their members. The Industrial Disputes Tribunal is composed of a President or a Judge, who is a member of the judiciary, and two lay members appointed on the recommendation of the employers' and employees' unions. The lay members have a purely consultative role.

Military Court  The Military Court has jurisdiction to try offences committed by military personnel in contravention to the Criminal Code, the Military Criminal Code or any other law, irrespective of the sentence provided.  The President of the Court is a judge belonging to the Judicial Service of the Republic. Two army officers who are appointed by the Supreme Council of Judicature are also members of the Court but they have a purely consultative role.

Sources of Law Until Cyprus’ independence the legal system was based on the English legal system. The laws enacted for the colony applied to Cyprus the principles of common law and equity. Many of those laws are still in force today.  The laws applicable today are the following:  The Constitution of the Republic of Cyprus  The laws retained in force by virtue of Article 188 of the Constitution  The principles of Common Law and Equity  The Laws enacted by the House of Representatives. Following the accession of The Republic of Cyprus to the European Union in 2004, the Constitution was amended so that European law has supremacy over the Constitution and national legislation.

After the Supreme Court? European Court of Human Rights European Convention on Human Rights and Fundamental Freedoms

Other routes? Cyprus Ombudsperson European Ombudsperson