North Cyprus Criminal Law
Innocent Until Proven Guilty
Just because a criminal case has been brought to trial, it does not necessarily mean that the alleged crime has taken place or that the accused will be convicted with that offence.
The concept of “innocent until proven guilty” is paramount. Essentially the court can only convict someone of the offences in the charge sheet if they are satisfied beyond reasonable doubt that the accused has committed the stated offences.
Our practice areas, among other things, are:
- Driving Offences
- Drug Offences
- Financial Crimes
- Sexual Offences
- Online Privacy Offences
Driving Offences
Some of the driving offences are dealt with fixed fines given by the police. Other, like causing a traffic accident by driving under the influence (DUI) of alcohol or drugs are generally taken more seriously, especially if there is personal injury as a result of the accident and other offences such as driving without a valid licence.
It is more likely for the police to arrest the accused if the circumstances of the incident are more serious. In some cases the arrest or custody can be extended from a few hours to weeks by court order.
Drug Offences
Drug offences are one of the most common offenses that go to criminal assize court in North Cyprus. Therefore in the last years, the court has increased its punishments towards these offences.
Having said that, the act no 28/2016 gives a chance of freedom under parole for the accuseds who have more permanent residential status in North Cyprus and are charged with lesser grade drug offences.
The aim of this law is to provide freedom under parole and necessary support for persons who have used drugs or are addicted to certain types of lesser grade drugs.
Sexual Offences
Clients accused of sexual offences go through many challenges. Apart from the court procedure, views or opinions of the society may create certain additional issues to deal with.
Sentencing Hearings
Sentencing is the stage where the court decides what punishment to give for the committed crimes.
It comes after the committed offences have already been determined, either by a hearing or by acceptance of the accused. Submissions are made to the court about what sentence or what punishment should be given.
Sentencing hearings are one of the most crucial parts of the whole process of a criminal case as it directs the court do decide on the punishment.
Mitigation of charges can visibly reduce the amount of punishment and therefore is very important in the sentencing stage.
Mitigation
Mitigation is simply, stating factors relevant to the case that are mitigating the seriousness of the offence. It aims to decrease the amount of punishment.
Mitigation is not merely about listing things that make the accused look better. The court is under the duty to determine the punishment by taking many issues into consideration like circumstances of the offence, the relevant law, applicable principles, circumstances of the accused, legal precedents, human rights of the accused and public policy.
It is not part of the procedure of the court to actively obtain information about the circumstances of the offender.
Therefore there are issues related to the offence that the court may not know. Due to this it is of crucial importance not to omit stating the right things in a sentencing hearing.
24 Hours
We know that, especially in some cases, it is important to get legal advice as soon as possible. Especially when there is an arrest or questioning, it is crucially important to obtain legal consultation at the earliest opportunity. Therefore in such urgent matters you can contact us 24 hours a day 7 days a week, from our contact details below. We would be able to visit the accused in custody 24 hours a day to assess the matter and provide legal advice.
Cyprus English Base Area
If you are attending the Cyprus Sovereign Base Area Courts (SBA Courts) for a criminal matter or if you have been prosecuted, arrested or questioned in the Cyprus Sovereign Base Area Police Station (SBA Police), we will be able to assist you.
Contact detaıls
E-mail | info@nekibzade.com
Telephone | +90 533 863 7599
Whatssapp | +90 533 863 7599
Viber | +90 533 863 7599
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