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The Attorney-General of the Republic v. Andreas Aristophanous Ppouris and Others (1978) JSC 3 Generato dall'IA

Criminal trial transfer from Limassol to Nicosia granted under Section 174 of Criminal Procedure Law.

Numero d'incarto The Attorney-General of the Republic v. Andreas Aristophanous Ppouris and Others (1978) JSC 3
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 a criminal trial from Limassol to Nicosia under Section 174 of the Criminal Procedure Law. While a previous application by the accused was dismissed due to insufficient evidence, new affidavits filed shortly before this hearing satisfied the court regarding the transfer grounds. The court ruled that the absence of opposition to the new application, combined with the fresh evidence, justified ordering the transfer as applied for.

Regesto Legislator

Generato dall'IA

Section 174 of the Criminal Procedure Law; where new affidavits establish specific reasons for transfer and the application remains unopposed, the court must order the transfer of the trial.

Parole chiave

Generato dall'IA
criminal procedure law transfer of trial section 174 affidavit evidence court of appeal unopposed application Limassol to Nicosia procedura di estradizione

Disposizioni normative citate

Generato dall'IA
Section 174 of the Criminal Procedure Law, Cap. 155
trial - Section 174 of the Criminal Procedure Law, Cap. 155 - Court of Appeal satisfied, in the light of the contents
Section 174(1)(e) of Cap. 155
trial - Section 174 of the Criminal Procedure Law, Cap.
Generato dall'IA
CY-JSC-1978-1978_0162
Criminal trial transfer from Limassol to Nicosia granted under security grounds for ends of justice.
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.
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-AAD-meros_1-1988-rep-1988_1_0555
Supreme Court grants leave for certiorari against Assize Court adjourning trial without accused consent due to judge incapacitation.
Ποινική Aίτηση Aρ. 2/99
Supreme Court allows transfer of murder trial to Nicosia due to witness availability and prisoner safety concerns.

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Testo completo

[*3] 1978 May 11

(TRIANTAFYLLIDES, P., L. LOIZOU, HADJIANASTASSIOU, A. LOIZOU, MALACHTOS, JJ. )

ORIGINAL JURISDICTION

The Attorney-General of the Republic,

Applicant,

V.

Andreas Aristophanous Ppouris and others,

Respondents.

(Criminal Application No. 3/78).

Criminal Procedure - Transfer of

trial - Section 174 of the Criminal Procedure Law, Cap. 155 - Court of Appeal satisfied, in the light of the contents

of affidavits filed in support of the application and in view, also, of the fact that the application has not "been opposed by the respondents, that it should order transfer of the trial as applied for - Dismissal of similar application previously made by respondents, because existence of any of the specific reasons enumerated in section 174 had not been established.

M. Kyprianou with M. Florentzos, for the Applicant.

A. Eftychion, for Respondents 1, 3 and 5.

M. Christophides, for respondents 2, 4, 6 and 7.

DECISION

The decision of the Court was delivered by:-

TRIANTAFYLLIDES. P.: This is an application, made under section 174 of the Criminal Procedure Law, Cap. 155, by the Attorney-General of the Republic, on May 9, 1978, for the transfer to Nicosia of the trial of criminal case No. 22534/77, which has been committed for trial by the Limassol Assizes. [*4]

On. May 5, 1978, a similar application, Criminal Application No, 2/78, was made on behalf of the respondents, who are the accused in the said trial; on that occasion such application was dismissed because, on the grounds relied on in support of it and on the material then before the Court, we had not been satisfied that there had been established the existence of any one of the specific reasons enumerated in section 174 of Cap. 155.

This new application is based on grounds emanating from affidavits, sworn on May 8, 1978, and which were not, therefore, before us on May 5, 1978; in the light of such affidavits and in view, also, of the fact that the present application has not been opposed by the respondents, we are satisfied that we should order, under section 174(1)(e) of Cap. 155, that the trial of the case concerned should be transferred from Limassol to Nicosia.

Application granted.