Does the duty to disclose all material evidence in regards to a
criminal charge apply in private prosecution?
The Supreme Court has upheld a recent trial Courts decision, in
its decision dated 09.10.2019 holding that a private prosecutor is
not obligated to grant access to the material evidence of a
criminal case to the Accused.
What is a Private Prosecution?
Most criminal cases are investigated and initiated by the
Republic of Cyprus. This means that it is the Police Department
that investigates, and it is the Republic of Cyprus represented by
Public Prosecutors, that initiates criminal procedures in Court.
This is a public Prosecution.
However, the right of a citizen to institute criminal
proceedings, that is, to prosecute, any person injuring him due to
a criminal act is respected in Cyprus, by virtue of the common law.
Private Prosecutions are fairly common in Cyprus, i.e. in cases of
checks that are not honoured, or when a Judgment debtor does not
comply
