Filenews 7 July 2021 - byMichalis Hatzivasilis
Much legislation has been passed on the issue of fires, resulting in confusion about what is in force and when, what cases are covered and by what law, and questions arise as to why penalties were reduced in 2002 to increase after the fire in Solia.
At the same time, while 90% of fires are proven to be due to the bad habit of burning, there is no specific law on scorching in order to send the message to those who make this bad habit, that they will be punished. It is noted that penalties are provided for fires in the forest, in the countryside, in the city, in general for lighting a fire, throwing a cigarette butt on a road or in a forest, and so on without a unified text, while many authorities are involved in the implementation of the laws.
Agriculture Minister Costas Kadis told "F" that after last Saturday's devastating fire, he would reinstate the issue of increasing penalties for causing fires. In 2020, Mr. Kadis had asked former Justice and Public Order Minister Emily Yolitis to increase sentences for arson in a forest to life imprisonment from 20 years in prison today. Due to the fact that sentences were recently increased (in 2018) She felt that the new sentences needed to be assessed in practice before we went to a new increase. Now the issue is being brought up, but it is remarkable what led the House in 2002 to reduce penalties in general for arson offences that damage property.
According to the Penal Code (Articles 315-520) the offence of arson provided for a life sentence. In 2002 it was reduced to 14 years and in 2018, after the fire in Solia, it increased to 20 years. The same thing happened with the penalties for attempted arson. While the original law provided for 14 years in prison, in 2002 they were reduced to seven and in 2018 they increased to 14 years. For the offence of causing fire in harvests and plantations, from 14 years in prison, in 2002 they were reduced to seven.
Another paradox is, as Law Commissioner Louisa Zannetou told "F", that the Forestry Act provides for a prison sentence of ten years, while the Penal Code provides for 20 years. Ms Zannetou commented that there could be a general increase in penalties and there would be no separation in forest, plantations or other property because of the great damage caused by a fire. He noted that legislation and the action plan need to be studied as a fire can occur everywhere, and there is also a separation of which agency should act and where, which can be a problem, as Mrs Zannetou said. So, as he argued, a study needs to be done in order to have a better organisation. He also said that penalties should be linked to the damage caused, as is done abroad. He also stressed the need to prevent prevention mainly in rural communities so that farmers are informed of the impact of any illegal burning of a fire.
It is noted that following the devastating fire in the mountain communities of Larnaca and Limassol, the Parliamentary Committees on Agriculture, Environment and the Interior will have a meeting with the relevant ministers and the relevant services on Thursday morning for a first debate.
Even for this bad habit of dumping cigarette butts from a vehicle, or lit matches, lighters or burning coals in public places and public roads, compared to whether this is done in the woods, this is different. Under the legislation, a prison sentence of up to two years and a fine of up to €6,000 is provided if this is done on a road, regardless of whether it is adjacent to a forest, while if it is done in the forest it is provided for a prison sentence of 10 years or €50,000 or both sentences together.
For the offence of arson in a forest owned by private individuals or by the Government or under the protection, control or management of the Government, a prison sentence of 20 years is provided for.
The attempt to arson in a forest owned by private individuals or by the Government or under the protection, control or management of the Government and the offence of arson in crops and plantations provides for a prison sentence of 14 years.
The offence of attempted arson on crops and plantations carries a prison sentence of six years.
The penalties for offences relating to lighting a fire and causing a fire in or near a state forest result in a prison sentence of up to 10 years or a fine of up to €50,000.
