New Authority : An indictment is dismissed

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New Authority : An indictment is dismissed

An indictment is dismissed when the particulars are so vague and incomprehensible to the extent that the accused cannot be informed of the nature and reason of the charges.

The Court of Appeal sets aside the decision of the Court of First Instance, rejecting a motion for the quashed of a vague Indictment.

In 2016, the Nicosia District Court ruled in the context of a private criminal prosecution against our client, that the multiplication of an indictment is not a fundamental rule of irregularity. Efstathios C. Efstathiou Defence considered that the crimes ascribed to our client were vague and contained no details as to the alleged criminal behavior of the accused. The court rejected the motion filed to set aside the indictment due to its vagueness, and Mr. Efstathiou did filed an appeal.

On the 16TH of March 2020, the Court of Appeal handed down a Judgement Criminal Appeal 89/2016. The Court approved the appeal and provided a helpful analysis of the Jurisprudence in this criminal matter, assessing competing arguments as to the implications and interpretation of previous case law. The case is now considered as a “landmark case” which clarifies the issue, that when the word of an indictment is so vague and incomprehensible to the extent that the accused cannot be informed of the nature and reason of the accusations they face, the indictment must be dismissed and quashed on a motion made in any stage of the criminal proceedings.

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