Disclosure is the process by which the prosecuting authority in a criminal case shares all information and evidence to the defendant before trial. Disclosure is essential to ensure a fair trial by avoiding surprises and allowing both sides to prepare their arguments and strategies.
In Cyprus, disclosure in criminal proceedings is governed by Article 7 of the Criminal Procedure Law Cap.155, which provides that:
an arrested person is entitled to disclosure of any arrest warrant and the application in which it was based.
a defendant may access the prosecution's case file or ask for copies (this involves paying a small fixed amount for expenses).
However, disclosure is not automatic or unlimited. There are exceptions and limitations to disclosure, such as when the prosecution seeks withhold evidence that may endanger national security, public order, public morals, or the safety of witnesses or informants.
The above concern criminal proceedings in the District Courts however. Where an individual is brought before the Assize Court (which deals with serious offences, punishable with over 5 years' imprisonment) disclosure is automatic and must occur immediately as per section 94 of Cap. 155.
Disclosure in criminal proceedings is an important aspect of justice and fairness in Cyprus. However, it is also a complex and dynamic process that requires careful attention and compliance from both parties and the court.
Dimitris Lochias*
Criminal Law Advocate - Lawyer
*Dimitris Lochias is a lawyer who specialises in the criminal law and human rights issues and is a Member of the Cyprus Bar Association. He practices in criminal & extradition law in all levels of Cyprus' Courts, including the Supreme Court, District Courts and in the Sovereign Base Area (SBA) Courts of Episkopi & Dhekelia.
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