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The Attorney-General of the Republic v. Sofocles Christodoulou and Others (1973) JSC 1494 Generato dall'IA

Court grants application to move preliminary inquiry to Nicosia despite respondents' refusal to appear.

Numero d'incarto The Attorney-General of the Republic v. Sofocles Christodoulou and Others (1973) JSC 1494
Autorità giudiziaria
Giurisdizione Cipro (CY)
Data della decisione
Esito del giudizio Accolto (Allowed)
Apri la fonte ufficiale Versione Markdown leggibile dalle macchine (.md)

Sintesi Legislator

Generato dall'IA

The Supreme Court granted the Attorney-General's application to transfer the preliminary inquiry from Limassol to Nicosia. Respondents, held in Central Prisons, refused to appear in court, citing disagreement with the charges, but were served with notice via personal service by a police officer. The court ruled that their presence was unnecessary since they had been properly notified and explicitly declined to participate, allowing the proceedings to continue in their absence.

Regesto Legislator

Generato dall'IA

Criminal Procedure Law Cap.155 s.174(1)(e); The court may proceed with an application to change the place of preliminary inquiry in the absence of respondents who have been given due notice and have refused to appear.

Parole chiave

Generato dall'IA
change of place of inquiry personal service of notice proceedings in absence preliminary inquiry transfer costs met by public funds arresto in vista d'estradizione allontanamento polizia degli stranieri

Disposizioni normative citate

Generato dall'IA
Criminal Procedure Law, Cap.155 section 174(1)(e)
Criminal Procedure - Practice - Application for change of place of preliminary inquiry - Due notice of application, through personal service, given to applicants - Who said that they did not wish to appear - Application dealt with in their absence - Criminal Procedure Law, Cap.155 section 174(1)(e).
Generato dall'IA
CY-AAD-meros_2-1973-rep-1973_2_0308
Supreme Court grants AG application to move preliminary inquiry to Nicosia despite defendants' refusal to appear.
Ποινική Έφεση Αρ. 215/2008
Court dismisses appeal on drug conspiracy, upholding fair trial and witness protection decisions.
CY-AAD-meros_2-1970-rep-1970_2_0105
Supreme Court transfers criminal preliminary inquiry from Limassol to Nicosia for fair and impartial trial.
CY-JSC-1985-1985_0313
Supreme Court grants AG application to move trial to Nicosia for security reasons despite respondent absence.
CY-AAD-meros_2-1978-rep-1978_2_0437
Cypriot Supreme Court grants AG application to transfer criminal trial from Limassol to Nicosia for security ends.

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Testo completo

[*1494] 1973 November.6

(TRIANTAFYLLIDES, P., STAVRINIDES, L. LOIZOU,

A. LOIZOU, MALACETOS, JJ. )

ORIGINAL JURIDSICTION

The Attorney-General of the Republic,

Applicant,

v.

Sofocles Christodoulou and Others,

Respondents,

(Criminal Application No.14/73).

Criminal Procedure - Practice - Application for change of place of preliminary inquiry - Due notice of application, through personal service, given to applicants - Who said that they did not wish to appear - Application dealt with in their absence - Criminal Procedure Law, Cap.155 section 174(1)(e).

A. Frangos, Senior Counsel of the Republic, for the Applicant.

All the Respondents are absent.

Mr. Frangos informs the Court that the [*1495] respondents refused to be brought to the Court from the Central Prisons,

where they are in custody. (An affidavit of personal service, on each one of the respondents, of a copy of the present application, is filed).

Kyriacos Solomonides. s/s: -

I am a police officer carrying out the duties of Town Officer of Nicosia and suburbs. On the 5th November, 1573, I visited the Central Prisons and I saw all four respondents in this case. I informed them that today there was to be heard an application of the Attorney-General seeking that their case be transferred for preliminary inquiry in Nicosia, instead of in Limassol, and each one of them gave me a reply which I recorded in my notebook; their replies were to the effect that they respect the Court, but that they do not want to appear in Court because the charges filed against them ought to be different.

Mr. Frangos: I apply for the order sought by the present application.

Court: As the respondents have been given due notice through personal service on them of the application, and as they said that they do not wish to appear today, we shall proceed to deal with the application in their absence; we do not consider that their presence is necessary for the purposes of these proceedings.

In the light of the affidavit filed in support of the application we order, under section 174(l)(e) of the [*1496] Criminal Procedure Law, Cap. 155, that the preliminary inquiry in Case No. ll904/73, of the District Court of Limassol shall be held in the District Court of Nicosia; any extra costs of the defence, resulting from the order, shall be met out of public funds.

Application granted.