Cyprus

1) Judgements and, where applicable, probation decisions entering into the scope of this Framework Decision (Article 2)

a) Member States are asked to describe the judgments and, where applicable, probation decisions, as defined in Article 2, which have to be recognised by a Member State.

In this regard, Member States are asked to make a separated table for each judgement and each probation decision, entering into the scope of the Framework Decision and indicate for each one the following information.

PROBATION ORDER

Name of the judgement or the probation decision

Probation order

Classification of this judgement or the probation decision

Alternative sanction

Legal basis of this judgement or the probation decision

Law 46(I) of 1996 on Probation and other means of treatment of Offenders.

Definition of this judgement or the probation decision

The Probation order is an autonomous non custodial sentence according to a convicted person placing him under the supervision of a probation officer for a period specified in the order not less than 1 year and not exceeding 3 years.

Legal Conditions of this judgement or the probation decision

The sentence for the offence of which the person is convicted is not fixed by law. It is left to the discretion of the Court, taking into consideration the nature of the offence and the character of the offender.

Type of probation measures

The choice of the conditions of probation is left to the discretion of the court, as the conditions are bound to vary with the habits of the offender, his environment and proclivities and the assessment of the help needed for reform.

Combination of sanctions or measures

N/A.

Authority responsible for taking such a decision

District Court

Authority responsible for supervising

Probation officers of the Welfare Services (Department of Ministry of Labour and Social Insurance).

Authority responsible in case of infringement

District Court of supervision.

Probation order with condition of community service

Name of the judgement or the probation decision

Probation order with condition of community service

Classification of this judgement or the probation decision

Alternative sanction

Legal basis of this judgement or the probation decision

Law 46(I) of 1996 on Probation and other means of treatment of Offenders.

Definition of this judgement or the probation decision

This is a probation order with the specific condition of carrying out community service, imposed by the Court with the consent of the convicted person, for a period specified in the order, not less than 1 year and not exceeding 3 years.

Legal Conditions of this judgement or the probation decision

- The sentence for the offence of which the person is convicted is not fixed by law
- The convicted person consents to carry out community service

Type of probation measures

Community service

Combination of sanctions or measures

N/A.

Authority responsible for taking such a decision

District Court

Authority responsible for supervising

Probation officers of Welfare Services (Department of Ministry of Labour and Social Insurance).

Authority responsible in case of infringement

District Court of supervision.

probation order with condition of vocational or other training

Name of the judgement or the probation decision

Probation order with condition of vocational or other training

Classification of this judgement or the probation decision

Alternative sanction

Legal basis of this judgement or the probation decision

Law 46(I) of 1996 on Probation and other means of treatment of Offenders.

Definition of this judgement or the probation decision

This is a probation order with the specific condition of getting vocational or other educational training, imposed by the Court with the consent of the convicted person for a period specified in the order, not less than 1 year and not exceeding 3 years.

Legal Conditions of this judgement or the probation decision

- The sentence for the offence of which the person is convicted is not fixed by law
- The convicted person consents to get vocational or other educational training of his choice

Type of probation measures

Education and training

Combination of sanctions or measures

N/A.

Authority responsible for taking such a decision

District Court

Authority responsible for supervising

Probation Officers of Welfare Service (Department of Ministry of Labour and Social Insurance).

Authority responsible in case of infringement

Probation Officers of Welfare Service (Department of Ministry of Labour and Social Insurance).

Probation order with condition of self-control treatment

Name of the judgement or the probation decision

Probation order with condition of self-control treatment

Classification of this judgement or the probation decision

Alternative sanction

Legal basis of this judgement or the probation decision

Law 119(I) of 2000, as amended, on Violence in the Family and Protection of Victims, in combination with Law 46(I) of 1996 on Probation and other means of treatment of Offenders.

Definition of this judgement or the probation decision

The Court may, in lieu of imposing any other sentence, accept the request of the offender to place him on probation on the special condition that he will be submitted to self-control treatment by specialists.

Legal Conditions of this judgement or the probation decision

- Offences under the Violence in the Family Law

- Request of offender

Type of probation measures

Undergoing self-control treatment

Combination of sanctions or measures

N/A.

Authority responsible for taking such a decision

Competent Court of criminal jurisdiction (District Court or Assizes Court)

Authority responsible for supervising

Probation Officers of Welfare Service (Department of Ministry of Labour and Social Insurance)

Authority responsible in case of infringement

District Court of Supervision

Suspended sentence of imprisonment

Name of the judgement or the probation decision

Suspended sentence of imprisonment

Classification of this judgement or the probation decision

Suspended sentence

Legal basis of this judgement or the probation decision

The Sentence of Imprisonment (Conditional Suspension in Certain Cases) Law 95 of 1972 as amended.

Definition of this judgement or the probation decision

When a Court renders a sentence of imprisonment for a term not exceeding 3 years, it may order the suspension of its execution, on condition that within a period of 3 years the convict commits no other offence punishable with imprisonment.

Legal Conditions of this judgement or the probation decision

- The term of imprisonment does not exceed 3 years
- The Court deems that suspension is justified taking into account the whole circumstances of the case and the personal circumstances of the convicted person.

Type of probation measures

Obligation not to commit any other offence punishable with imprisonment during the operational period.

Combination of sanctions or measures

Suspended sentence of imprisonment may be combined with a supervision order (a course followed in case of a young offender)

Authority responsible for taking such a decision

Competent Court of criminal jurisdiction (District Court or Assizes Court)

Authority responsible for supervising

In case a suspended sentence of imprisonment is combined with a supervision order, Probation Officers of Welfare Service (Department of Ministry of Labour and Social Insurance)

Authority responsible in case of infringement

District Court or Assizes Court

Restraining order

Name of the judgement or the probation decision

Restraining order

Classification of this judgement or the probation decision

Alternative sanction

Legal basis of this judgement or the probation decision

Law 119(I) of 2000, as amended, on Violence in the Family and the Protection of Victims

Definition of this judgement or the probation decision

A restraining order may be imposed in lieu of any other penalty, prohibiting for a specified period to enter or remain in the marital home.

Legal Conditions of this judgement or the probation decision

Offences of violence in the family.

Type of probation measures

Obligation not to enter or remain in the marital home.

Combination of sanctions or measures

May be combined with term of imprisonment not exceeding 6 months, in which case the validity of the restraining order shall commence after release.

Authority responsible for taking such a decision

Competent Court of criminal jurisdiction (District Court or Assizes Court)

Authority responsible for supervising

In case of breach of conditions of order the police is informed.

Authority responsible in case of infringement

Court
(Breach of conditions of order constitutes an offence)

Deferment of sentence on condition of treatment for addiction

Name of the judgement or the probation decision

Deferment of sentence on condition of treatment for addiction

Classification of this judgement or the probation decision

Conditional sentence

Legal basis of this judgement or the probation decision

Law no. 57(I) of 1992 on the treatment of addicted persons

Definition of this judgement or the probation decision

The Court defers the imposition of sentence and discharges the convict on condition that he submits to treatment for drug addiction.
(Note: such measure has not yet been imposed by any court)

Legal Conditions of this judgement or the probation decision

- The measure does not apply to drug trafficking offences and premeditated number.
- Consent of the sentenced person is required.

Type of probation measures

Obligation to present to a centre for detoxification and rehabilitation and submit to treatment.

Combination of sanctions or measures

N/A.

Authority responsible for taking such a decision

Competent Court of criminal jurisdiction (District Court or Assizes Court)

Authority responsible for supervising

Person in charge of centre.

Authority responsible in case of infringement

Competent Court

2) Probation measures and alternative sanctions (Article 4)

In Article 4 of the Framework Decision types of probation measures and alternative sanctions are stated. Member States are asked to describe the probation measures and alternative sanctions attached to those judgements and probation decisions:

a) In the table below please describe how probation measures and alternative sanctions set out in Article 4.1 are reflected in your domestic law and please give a description of each of them.

Probation measures / alternative sanctions

Explanation

Obligation for the sentenced person to inform a specific authority of any change of residence or working place

Usual obligation contained in probation orders.

Obligation not to enter certain localities, places or defined areas in the issuing or executing State

Obligation not to enter or remain in marital home in restraining orders under the Law on Violence in the Family.

Obligation containing limitations on leaving the territory of the executing State

/

Instructions relating to behaviour, residence, education and training, leisure activities, or containing limitations on or modalities of carrying out a professional activity

Obligation in probation orders and probation orders with condition of training.

Obligation to report at specified times to a specific authority

Usual obligation in probation orders.

Obligation to avoid contact with specific persons

Obligation not to enter or remain in marital home - Restraining order under the law on Violence in the Family.

Obligation to avoid contact with specific objects, which have been used or are likely to be used by the sentenced person with a view to committing a criminal offence

/

Obligation to compensate financially for the prejudice caused by the offence and/or an obligation to provide proof of compliance with such an obligation

/

Obligation to carry out community service

Obligation in probation orders with condition of community service.

Obligation to cooperate with a probation officer or with a representative of a social service having responsibilities in respect of sentenced persons

In all probation orders.

Obligation to undergo therapeutic treatment or treatment for addiction

In deferment of sentence on condition to undergo treatment for addiction under the Law on treatment for addicted persons. Also, in a probation order with condition to submit to self-control treatment, in offences of violence in the family.

b) In your domestic law are there any probation measures and alternative sanctions which are not covered by Article 4.1?

No.

c) Does your domestic law provide for a specific treatment regarding any category of offences (e.g. sexual offences, domestic violence)?

Restraining orders under the Law on Violence in the Family.

3) Electronic monitoring

Does your national law provide for the possibility to use Electronic Monitoring?

Not for the purposes of supervising probation measures. Electronic Monitoring is an execution modality of imprisonment: a convict that has been admitted to the Centre for extra-institutional employment may be allowed to serve part of his imprisonment term up to 4 months by home detention under electronic monitoring.

4) Formalities

Member States are invited to sum up the documents that the national competent authorities need in order to take at national level a judgement and, where applicable, a probation decision (e.g. criminal record, social inquiries, medical expertise).

Criminal record, social services report, medical expertise.

PROBATION ORDER
Name of the judgement or the probation decision	Probation order
Classification of this judgement or the probation decision	Alternative sanction
Legal basis of this judgement or the probation decision	Law 46(I) of 1996 on Probation and other means of treatment of Offenders.
Definition of this judgement or the probation decision	The Probation order is an autonomous non custodial sentence according to a convicted person placing him under the supervision of a probation officer for a period specified in the order not less than 1 year and not exceeding 3 years.
Legal Conditions of this judgement or the probation decision	The sentence for the offence of which the person is convicted is not fixed by law. It is left to the discretion of the Court, taking into consideration the nature of the offence and the character of the offender.
Type of probation measures	The choice of the conditions of probation is left to the discretion of the court, as the conditions are bound to vary with the habits of the offender, his environment and proclivities and the assessment of the help needed for reform.
Combination of sanctions or measures	N/A.
Authority responsible for taking such a decision	District Court
Authority responsible for supervising	Probation officers of the Welfare Services (Department of Ministry of Labour and Social Insurance).
Authority responsible in case of infringement	District Court of supervision.

Probation order with condition of community service
Name of the judgement or the probation decision	Probation order with condition of community service
Classification of this judgement or the probation decision	Alternative sanction
Legal basis of this judgement or the probation decision	Law 46(I) of 1996 on Probation and other means of treatment of Offenders.
Definition of this judgement or the probation decision	This is a probation order with the specific condition of carrying out community service, imposed by the Court with the consent of the convicted person, for a period specified in the order, not less than 1 year and not exceeding 3 years.
Legal Conditions of this judgement or the probation decision	- The sentence for the offence of which the person is convicted is not fixed by law - The convicted person consents to carry out community service
Type of probation measures	Community service
Combination of sanctions or measures	N/A.
Authority responsible for taking such a decision	District Court
Authority responsible for supervising	Probation officers of Welfare Services (Department of Ministry of Labour and Social Insurance).
Authority responsible in case of infringement	District Court of supervision.

probation order with condition of vocational or other training
Name of the judgement or the probation decision	Probation order with condition of vocational or other training
Classification of this judgement or the probation decision	Alternative sanction
Legal basis of this judgement or the probation decision	Law 46(I) of 1996 on Probation and other means of treatment of Offenders.
Definition of this judgement or the probation decision	This is a probation order with the specific condition of getting vocational or other educational training, imposed by the Court with the consent of the convicted person for a period specified in the order, not less than 1 year and not exceeding 3 years.
Legal Conditions of this judgement or the probation decision	- The sentence for the offence of which the person is convicted is not fixed by law - The convicted person consents to get vocational or other educational training of his choice
Type of probation measures	Education and training
Combination of sanctions or measures	N/A.
Authority responsible for taking such a decision	District Court
Authority responsible for supervising	Probation Officers of Welfare Service (Department of Ministry of Labour and Social Insurance).
Authority responsible in case of infringement	Probation Officers of Welfare Service (Department of Ministry of Labour and Social Insurance).

Probation order with condition of self-control treatment
Name of the judgement or the probation decision	Probation order with condition of self-control treatment
Classification of this judgement or the probation decision	Alternative sanction
Legal basis of this judgement or the probation decision	Law 119(I) of 2000, as amended, on Violence in the Family and Protection of Victims, in combination with Law 46(I) of 1996 on Probation and other means of treatment of Offenders.
Definition of this judgement or the probation decision	The Court may, in lieu of imposing any other sentence, accept the request of the offender to place him on probation on the special condition that he will be submitted to self-control treatment by specialists.
Legal Conditions of this judgement or the probation decision	- Offences under the Violence in the Family Law - Request of offender
Type of probation measures	Undergoing self-control treatment
Combination of sanctions or measures	N/A.
Authority responsible for taking such a decision	Competent Court of criminal jurisdiction (District Court or Assizes Court)
Authority responsible for supervising	Probation Officers of Welfare Service (Department of Ministry of Labour and Social Insurance)
Authority responsible in case of infringement	District Court of Supervision

Suspended sentence of imprisonment
Name of the judgement or the probation decision	Suspended sentence of imprisonment
Classification of this judgement or the probation decision	Suspended sentence
Legal basis of this judgement or the probation decision	The Sentence of Imprisonment (Conditional Suspension in Certain Cases) Law 95 of 1972 as amended.
Definition of this judgement or the probation decision	When a Court renders a sentence of imprisonment for a term not exceeding 3 years, it may order the suspension of its execution, on condition that within a period of 3 years the convict commits no other offence punishable with imprisonment.
Legal Conditions of this judgement or the probation decision	- The term of imprisonment does not exceed 3 years - The Court deems that suspension is justified taking into account the whole circumstances of the case and the personal circumstances of the convicted person.
Type of probation measures	Obligation not to commit any other offence punishable with imprisonment during the operational period.
Combination of sanctions or measures	Suspended sentence of imprisonment may be combined with a supervision order (a course followed in case of a young offender)
Authority responsible for taking such a decision	Competent Court of criminal jurisdiction (District Court or Assizes Court)
Authority responsible for supervising	In case a suspended sentence of imprisonment is combined with a supervision order, Probation Officers of Welfare Service (Department of Ministry of Labour and Social Insurance)
Authority responsible in case of infringement	District Court or Assizes Court

Restraining order
Name of the judgement or the probation decision	Restraining order
Classification of this judgement or the probation decision	Alternative sanction
Legal basis of this judgement or the probation decision	Law 119(I) of 2000, as amended, on Violence in the Family and the Protection of Victims
Definition of this judgement or the probation decision	A restraining order may be imposed in lieu of any other penalty, prohibiting for a specified period to enter or remain in the marital home.
Legal Conditions of this judgement or the probation decision	Offences of violence in the family.
Type of probation measures	Obligation not to enter or remain in the marital home.
Combination of sanctions or measures	May be combined with term of imprisonment not exceeding 6 months, in which case the validity of the restraining order shall commence after release.
Authority responsible for taking such a decision	Competent Court of criminal jurisdiction (District Court or Assizes Court)
Authority responsible for supervising	In case of breach of conditions of order the police is informed.
Authority responsible in case of infringement	Court (Breach of conditions of order constitutes an offence)

Deferment of sentence on condition of treatment for addiction
Name of the judgement or the probation decision	Deferment of sentence on condition of treatment for addiction
Classification of this judgement or the probation decision	Conditional sentence
Legal basis of this judgement or the probation decision	Law no. 57(I) of 1992 on the treatment of addicted persons
Definition of this judgement or the probation decision	The Court defers the imposition of sentence and discharges the convict on condition that he submits to treatment for drug addiction. (Note: such measure has not yet been imposed by any court)
Legal Conditions of this judgement or the probation decision	- The measure does not apply to drug trafficking offences and premeditated number. - Consent of the sentenced person is required.
Type of probation measures	Obligation to present to a centre for detoxification and rehabilitation and submit to treatment.
Combination of sanctions or measures	N/A.
Authority responsible for taking such a decision	Competent Court of criminal jurisdiction (District Court or Assizes Court)
Authority responsible for supervising	Person in charge of centre.
Authority responsible in case of infringement	Competent Court

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Probation measures / alternative sanctions	Explanation
Obligation for the sentenced person to inform a specific authority of any change of residence or working place	Usual obligation contained in probation orders.
Obligation not to enter certain localities, places or defined areas in the issuing or executing State	Obligation not to enter or remain in marital home in restraining orders under the Law on Violence in the Family.
Obligation containing limitations on leaving the territory of the executing State	/
Instructions relating to behaviour, residence, education and training, leisure activities, or containing limitations on or modalities of carrying out a professional activity	Obligation in probation orders and probation orders with condition of training.
Obligation to report at specified times to a specific authority	Usual obligation in probation orders.
Obligation to avoid contact with specific persons	Obligation not to enter or remain in marital home - Restraining order under the law on Violence in the Family.
Obligation to avoid contact with specific objects, which have been used or are likely to be used by the sentenced person with a view to committing a criminal offence	/
Obligation to compensate financially for the prejudice caused by the offence and/or an obligation to provide proof of compliance with such an obligation	/
Obligation to carry out community service	Obligation in probation orders with condition of community service.
Obligation to cooperate with a probation officer or with a representative of a social service having responsibilities in respect of sentenced persons	In all probation orders.
Obligation to undergo therapeutic treatment or treatment for addiction	In deferment of sentence on condition to undergo treatment for addiction under the Law on treatment for addicted persons. Also, in a probation order with condition to submit to self-control treatment, in offences of violence in the family.