Legal professions — Introduction
Other associate professionals
There are no related professions in Cyprus such as notaries. Anything related to legal acts is a lawyer’s matter and only members of the Cyprus Bar Association may act within the framework of the relevant legislation. Naturally retired lawyers may continue to work as in-house legal advisers both in existing offices and in other organisations.
A category of persons who could be said to be a related profession is that of a lawyer for whom there is also relevant legislation. A lawyer may become any person who holds a secondary school leaving certificate and has worked for at least 6 consecutive months in a law firm and is of an unqualified nature, after submitting an application to the Registrar of the District Court of the Province where the Bar Office in which the candidate or candidate is employed is located.
Prosecutors (Public Prosecutors)
In addition to being a legal adviser to the Republic, the Attorney General of the Republic shall head the Legal Service and shall at the same time perform the duties of the Director of Public Prosecutions.
The State Legal Service headed by the Attorney General is staffed by lawyers, some of whom are specialised in criminal law and deal with cases heard by the Supreme Court. In all cases the Attorney General shall be informed and shall give the relevant guidelines.
In addition to the members of the State Legal Service, public care duties are performed by persons recruited as members of the Cyprus Police Force who are legal persons and qualified to practise as a lawyer. Despite the fact of the identity of the persons concerned, at the time of the performance of the duties of the Public Prosecutor, they belong to the Attorney General and are accountable to him or her for the work carried out as public prosecutors. The Attorney General of the Republic shall have the same powers with regard to the work carried out by those persons as he/she has for the lawyers of the Legal Service.
In exceptional cases, the Attorney General has the power to delegate and delegate the handling of specific cases to qualified lawyers practising the profession of lawyer.
Role and Tasks of Public Prosecutors
The Public Prosecutor’s Office before the District Criminal Courts is directed by lawyers working in the Public Prosecutor’s Offices of the Police, without of course excluding the possibility that in specific cases this task may be assigned to one of the members of the Legal Service, while before the Assize Courts the prosecutor’s address is carried out by lawyers from the Legal Service. Irrespective of who directs the Prosecutor-General, they all fall within the jurisdiction of the Attorney General who can intervene and sometimes suspend any criminal prosecution at any time.
The Legal Service, as mentioned above, is headed by the Attorney General of the Republic, assisted by the Assistant Attorney General. This is followed by the Public Prosecutors of the Republic, the Senior Lawyers of the Republic and the lawyers of the Republic. One of the Public Prosecutors of the Republic is the head of the Criminal Department, always referring to the Attorney General.
The hearing system is controversial. The prosecutor presents the witness material at its disposal and witnesses summoned by the prosecution are examined, interviewed and reviewed. At the end of the summons of witnesses by the prosecution, the court has to decide whether the prosecution authority has created a prima facie case. If so, then the defendant is summoned to account and the Court informs the defendant that he may summon his own witnesses and give testimony himself under oath where in such a case both his witnesses and himself will be interviewed by the prosecution. otherwise, he may make an unreasonable statement from the defendant’s intent and in such a case he will not be interviewed.
At the end of the hearing, the Court of Justice delivers a judgment. In the case of an acquittal, the accused is acquitted and acquitted. In the event of a conviction, the defence shall be given the opportunity to speak for a mitigation of the sentence and once all proceedings have been completed, the Court shall impose an appropriate penalty.
The structure of the judicial function in Cyprus is very simple.
The Supreme Court was created on the basis of its provisions on the Award of Justice (Various Provisions) Law of 1964 [Law 33/1964] after the resignation and withdrawal of the Presidents of both the Supreme Court and the Supreme Constitutional Court, resulting in the effective dissolution of these two courts, since the representatives of the Turkish Community in the various State institutions did not attend and consent to the necessary decisions.
The members of the Supreme Court are appointed by the President of the Republic of Cyprus and currently have 13 persons, one of whom is appointed as President. Members of the Supreme Court may be appointed as members of the Supreme Court with at least 12 years’ probable practice of the Bar Profession and may be of an unqualified nature.
Assize Courts (Κακουργιοδικεία)
The Assize Court is the High Court of Criminal Court of the Republic and consists of three judges, President, Senior District Judge and District Judge. The members of the Supreme Court are appointed by the Supreme Court for two years and belong respectively to the ranks of Presidents of the District Court, Senior District Judges and District Judges.
District courts with unlimited jurisdiction outside the jurisdiction of the Supreme Court and the jurisdiction of the Special Courts referred to below operate in each Province of the Republic of Cyprus. District judges are divided into district court presidents, senior district judges and district judges. District judges are appointed, transferred and promoted by the Supreme Court.
The Family Courts have been set up on the basis of the Family Courts Act (Law 23/90), they are three members, each of which is staffed by a president and two assignees. These persons are legally qualified and must have successfully practised the profession of lawyer before their appointment.
Rent Control Tribunal
This specialised court is composed of three judges, composed of a President and two Presidents. The President of the Tribunal shall be a lawyer who has successfully practised the profession of lawyer for at least as many years as necessary for appointment to the seat of the District Court.
Industrial Dispute Tribunal
Like the Rent Control Court, the Labour Court is composed of three judges, composed of a President and two Presidents. The President is a legal person who must have practised as a lawyer for a period of 5 years before being appointed to the seat of the Court.
Military Criminal Court
A last specialised court is the Military Court, which is presided over by a legal person of recognised standing who, at the time of his appointment, had the qualifications to be appointed to the seat of the District Court. The President of the Military Court shall be an honorary military officer of at least the rank of Colonel. The Presidents of the Military Court belong to the military classes and are permanent soldiers.
There is the website of the Supreme Court, which provides some general information on the Courts of Cyprus.
Role and tasks
The Supreme Court acts as the Court of Appeal in appeals from all the other courts of the Republic of Cyprus, but also acts as the Court of First Instance in various matters such as administrative law and private courts. It also deals with questions of certiorari, mandamus and others, while supervising the proper functioning of all other courts of the Republic of Cyprus and exercising, inter alia, disciplinary control over members of the judiciary.
Assize Courts (Κακουργιοδικεία)
With the exception of certain specific very serious offences, each Assize Court shall have jurisdiction to hear, at first instance, all offences punishable by the Criminal Code or any other law committed within the boundaries of the Republic or the Sovereign Base Areas and involving Cypriots either as wrongdoers or victims or in any other country while the accused was in the service of the Republic or on a ship or aircraft located in the Republic or in such other places and under such conditions.
A district court composed of a president has jurisdiction to hear and decide at first instance any action falling within his local jurisdiction.
Each Senior District Judge or District Judge has jurisdiction (subject to certain exceptions) to decide on any action in which the amount in dispute or the value of the dispute in dispute does not exceed EUR 500.000,00 for a Senior District Judge and in the case of a District Judge EUR 100.000,00
The criminal jurisdiction of the District Courts extends to all offences committed within the province of the Court of Justice for which the statutory penalty does not exceed a term of imprisonment of more than five years or the payment of a fine not exceeding EUR 50.000,00 or both, and may also order the payment of compensation to the victim not exceeding EUR 6.000,00.
All decisions of the District Courts, whether criminal or political, may be appealed to the Supreme Court without any restriction.
The jurisdiction of the Family Courts extends to almost all matrimonial matters. The jurisdiction of the Rental Court is limited to resolving disputes in the case of buildings subject to the rent. The jurisdiction of the Labour Court extends only to relations between an employer and an employee, in particular where the employee is dismissed and claims that the dismissal is unfair. The jurisdiction of the Military Court is to hear criminal cases involving members of the National Guard or where there is a violation of the rules of the National Guard.
All decisions of the above courts may be appealed to the Supreme Court.
Organisation of the legal profession: Lawyers
In the Republic of Cyprus there is a unified system for offering legal services and all those involved in the provision of such services are called lawyers regardless of the country in which they studied and the university degree obtained during their legal studies.
There is certainly an online lawyer’s guide to which lawyers and judges have free access, but also to the general public on the understanding that they pay a subscription fee.
Legal Information Banks
There is no official website where judgments are published. A few recent judgments are published on the Supreme Court’s website.
There are a number of private websites offering access to case law either for a fee or free of charge. In particular, the leginetcy website, which concerns legislation, case law, regulatory administrative acts and is free of charge for lawyers, judges and government departments. Any other person wishing to access the above website must pay a subscription fee. Another webpage is a CyLaw that deals with court cases and is free of charge for all those who want to access it.
As previously mentioned in Cyprus, there is a unified system for practising the profession of lawyer/legal adviser.
The profession of notary in Cyprus is unknown. The work normally carried out by notaries in Cyprus is carried out by lawyers.
Other legal professions
In the Republic of Cyprus, the professions listed below that are related to the Bar Profession are presented.
Registrars are appointed by the Supreme Court and are clerks of the Court usually from among lawyers and have good legal training. Registrars have specific duties as provided for by the relevant law. The most senior registrar or registrar appointed for this purpose by the Supreme Court shall be the head of the staff of the Court and shall have the general supervision of the Court.
There are two categories of grantors. One class is in the private sector and is limited to the service of various court documents and the other concerns those who belong to the human resources of the courts and mainly deal with the enforcement of court decisions.
The qualification of a Bar Officer is obtained after completing the 6 months of employment in a law firm and upon submission of an application to the Registrar of the District Court of the Province in which the Bar Office in which the candidate or candidate works is located.
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