Filenews 7 December 2022
Accepting the appeal filed by the Attorney General of the Republic for an inadequate prison sentence, as imposed by the Permanent Assize Court of Nicosia on a defendant found guilty, among other things, of the offence of sexual abuse in violation of Article 146A of the Criminal Code, the Supreme Court on Wednesday issued a unanimous decision to increase the prison sentence against the defendant from 4.5 to 10 years.
In fact, the Supreme Court, in its decision, did not fail to point out in relation to the offence of sexual abuse by penetration, that the relevant Article 146A was added to the Criminal Code as a recognition that such sexual abuse did not previously benefit from the relevant legislation and severity.
This legislative amendment, according to the Court, "aims to introduce offences that categorise and extend rape to specific forms of sexual acts, in ways different from the classical concept and definition of the offence of rape."
"In cases of sexual offences, the case-law indicates that deterrent penalties should be imposed for repressive purposes, because of their particular seriousness as crimes, which not only go against morals, but also offend the personality of the victim. [...]
This situation creates an obligation on the courts to impose highly dissuasive and therefore severe penalties, with the result that personal circumstances are secondary and the individualization of the sentence, however imposed, does not have a decisive role", the Supreme Court characteristically states.
On behalf of the Attorney General of the Republic, the case was handled by Ms. Louisa Sigar, Lawyer of the Republic.
