Section 35A. Any person who omits to report a case of violence against a minor or a person having severe mental or psychological deficiencies, which came to his knowledge, shall commit an offence and in case of conviction, shall be liable to imprisonment up to two years or to a fine up to one thousand pounds or to both such penalties.[41]
There needs to be a written and signed complaint against the offender, or the police will not be able to proceed with the investigation of the allegation apart from "exceptional cases where other testimony exists."[42]
The Cyprus police advise that they will investigate each incident reported and take measures against the offender, as long as there is sufficient evidence to that effect.
Without prejudice to the provisions of Section 10 of the Evidence Law, the complaint by a victim of violence to any police officer, Family Counselor, welfare officer, psychologist, doctor including a psychiatrist who examines the victim, educationalist, members of an advisory committee, member of the Association for the Prevention of Violence in the Family or members of the close family environment of the victim within a reasonable time from the commission of the offense will constitute evidence.[43]In the criminal courts, a protection order is imposed on an ex parte basis following an application by a police prosecutor swearing on oath that the offense is a serious one and that the victim needs protection. The offender is informed of the order when they are served with the order, which they can appeal. The victim can also apply to the family court for a protection order under the civil law procedure on an ex parte basis; the offender is served with the order and they can appeal against it.
Yes. False allegations of domestic abuse are dealt with by the offenses of perverting the course of justice and wasting police time.
There was a very high profile case recently where the accuser was prosecuted and found guilty of public mischief and was given a suspended sentence.From the document "Cyprus Law - Prevention of violence in the family" Part II - Meaning of Violence 3.-(1).
For the purposes of this law, violence means any act, omission or behavior that causes physical, sexual or mental injury to any member of the family by another member of the family and includes violence used for the purpose of having sexual intercourse without the consent of the victim as well as of restricting their freedom.There are no specific laws to protect children, but The Violence in the Family (Prevention and Protection of Victims) Law 47 (I)/1994, replaced by Law 119(I)/2000, and later amended by Law 212(I)/2004, establishes:
- higher penalties for violence
- restraining orders
- appointments with Family Counselors
- the taking of victims' testimonies by electronic means
- a shelter for victims, the protection of victims and witnesses
The court may also order that the testimony of any victim of violence be taken in the absence of the accused in cases where there is a reasonable suspicion that such victim is in danger or under threat for testifying as a witness. The following measures may be used to protect the victim: (a) use of a special screen; (b) use of closed circuit television; (c) use of any other means or systems. Additionally, the testimony of a psychiatrist or psychologist may be admissible in court if a child mentions, during examination, that they have been ill-treated.
A witness protection scheme is also available, extending protection to the family members of the witness. The protection measures under this scheme may include the provision of guards; the moving of the witness and their family to another city, village or country; or the change of identity of the witness and their family. The decision as to who will be placed under the witness protection scheme and which particular measures will be taken rests with the attorney general.Yes. The testimony of children under 16 must always be taken by the police in the presence of a parent or guardian or officer of the SWS or another competent person (e.g., school principal or their representative). The testimony must, where possible, be taken in a private room where there is no audience other than the person accompanying the child.
The manual for inter-departmental coordination for domestic violence provides that the taking of the testimony of children and especially those under 10 must be avoided, but where such testimony is necessary an inter-departmental meeting or a consultation with competent officers from the Child Psychology section of the health services and the Family Counselors of the welfare services must take place first.[46]
In specific cases, where the violence against the child victim is committed by a family member, the maximum penalty for the offense may be increased as follows:
- The sentence for the defilement of girls under 13 years of age is life imprisonment.
- For attempted of defilement of girls between 13 and 16 years of age, the sentence is increased from three to seven years' imprisonment.
- For defilement of girls between 13 and 16 years of age, the sentence is increased from two to 10 years' imprisonment.
- Court Order for Removal of a minor
- Interim Order restraining the suspect or removing the victim
- Restraining Order
- Supplementary provisions, where the court may make an appropriate order in relation to the accommodation of the suspect or accused or their family
- Probation Order or suspension of imprisonment on special conditions
This is not set out in the legislation. However, upon request, you may be informed:
- if the person is remanded in custody, prosecuted or convicted for a crime that concerns you and is released from or has escaped detention
- of any relevant measures issued for your protection in the case of release or escape of a person remanded in custody, prosecuted or sentenced for crimes that concern you