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ARTICLE · 25 APRIL 2018

Supreme Court Decides On Acquittal And Right To Appeal

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The need for clear and reliable guidelines to determine whether a first-instance criminal court judgment can be appealed arose in a recent application to the Supreme Court.

CyprusLitigation, Mediation & Arbitration
Christiana Pyrkotou
Christiana Pyrkotou
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The need for clear and reliable guidelines to determine whether a first-instance criminal court judgment can be appealed arose in a recent application to the Supreme Court.1

Facts

The Supreme Court was called on to decide on two points of law arising from the judgment delivered by the Nicosia District Court in a private criminal case. The first-instance case had been brought by the applicant against the defendant (who subsequently became the respondent in the Supreme Court case) advancing charges of:

  • fraud in breach of Articles 29 and 300 of the Criminal Code; and
  • obtaining goods by false pretences in breach of Articles 29, 298(1) and 299 of the code.2

The first-instance court accepted the defendant's objection that the person bringing the case (the applicant in the Supreme Court proceedings) did not have the right to bring the private criminal prosecution, which concerned alleged wrongdoings against a company in which the applicant was a shareholder.

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