Those who commit new offences while they are released on parole must go to prison

Imprisonment is now made mandatory for those caught committing new offences while on parole for previous crimes they have committed. This is a new provision from the Ministry of Justice that will go out to consultation in the coming days.

Another provision may extend temporary detention beyond 12 months for crimes that carry a sentence of up to 10 years in prison, if they were either committed within the framework of a criminal or terrorist organisation or gang, or if there is a large number of victims or perpetrators.

The new legislative initiatives of Justice Minister George Florides are part of the multi-bill on domestic violence, violence against women, the fight against crime in all its forms and the fight against petty crime. The multi-bill has already been forwarded to the General Secretariat of the Government.

External offenders

According to the new regulation, anyone who now commits a new offence while being released on a restrictive condition for another criminal offence they have previously committed will immidiately have their restrictive conditions replaced with pre-trial detention. Usually the restrictive conditions are the mandatory presentation, at regular intervals, at the Police Station of the area where the accused resides, a financial guarantee (bail) and a prohibition to leave the country.

The restrictive conditions imposed may be replaced by temporary detention if:

a) Despite having been duly summoned, he or she fails to appear before the investigating magistrate or the court for trial, unless there are reasonable impediments that make it impossible for him or her to appear.

b) He has committed preparatory acts of flight.

c) He has violated the restraining orders imposed on him or failed to report a change of residence.

Also, the restraining orders imposed on the defendant in felony cases are replaced with temporary detention:

1. If a new felony prosecution is brought against him.

2. If a new misdemeanor prosecution is brought against him for a misdemeanor committed after the restraining order is imposed.

Within the meaning of misdemeanors that substitute temporary restraint for a restraining order are felonies: 1) against public order, 2) dangerous crimes, 3) crimes against transport, telecommunications and other public utilities,4) against personal liberty, 5) sexual liberty, 6) economic exploitation of sexual life, 7) manslaughter with intent, 8) grievous bodily harm, 9) fatal bodily harm, 10) bodily harm to a weak person, 11) grand larceny, 12) robbery, 13) extortion, 14) fraud, 15) violation of firearms laws, and 16) violation of drug laws.

Extension of detention

Another provision of the same bill amends Article 292 of the Code of Criminal Procedure, which provides for the possibility of extending beyond 12 months the duration of temporary detention, adding crimes that carry a sentence of up to 10 years imprisonment, when they were either committed within the framework of a criminal or terrorist organization or gang, or there is a large number of victims and injured as a result of them.

Also, the duration of temporary detention is extended if: a) it is reasonably judged that if the accused is released it is highly likely that he or she will commit other offences or b) there is an intention to flee.

This amendment was deemed necessary, according to the explanatory report, “in order to deal effectively and with a view to protecting the social interest, with cases involving felonies with a serious social impact and dangerous absconding – repeat offenders (e.g. aggravated theft or fraud or forgery in the context of a criminal organization), which have already been brought to the hearing, but due to the large number of parties and witnesses and their evidentiary complexity it is impossible to be tried within the tight twelve-month deadline, with the result that their detention is legally suspended and it becomes difficult to submit them to the execution of the sentence”.

Copper theft

Under another amendment, those involved in offences against property – whether it is movable, such as copper theft, railway tracks, etc., or immovable (houses, etc.), in order to qualify for favourable criminal treatment on the basis of so-called “practical remorse” – must prove that they have returned the stolen goods or satisfied the injured party.

The proven return of the stolen property and satisfaction of the injured party must now be made before a police or other public authority and a report must be prepared either deposited with the Deposit and Loan Fund or a written certification of full satisfaction by utilities.

Accordingly, in cases of crimes against property, the practical repentance of a defendant in misdemeanor cases is not mandatory but potential, i.e., “it is left to the discretion of the court to grant full discharge in cases of proven restitution of the property or full satisfaction of the injured person until the end of the evidentiary proceedings in the trial court.”
And in felonies, practical repentance until the end of the evidentiary proceedings in the court of first instance results in a reduced sentence and, in the case of felonies, “until the final indictment may even lead to full acquittal.”

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