Filenews 12 August 2023
A committee is working on a special committee to make a series of changes to all six laws concerning the lighting of fires, with an increase in penalties, the introduction of extrajudicial procedures and the obligation of the offender to compensate for the damages caused.
The discussion about changing the penalties by tightening them began after the devastating fire in Mountainous Larnaka two years ago. At that time, the current Attorney General had noticed the differences with the sentences and asked for their grouping as well as their increase. Former Agriculture Minister Costas Kadis had even spoken of life imprisonment, but the longest sentence for arson is 20 years in prison. Now an attempt is being made to bring the six laws into line, but there is a problem with the Municipalities Law, which will be repealed with the reform of local government.
The Committee, which is coordinated by the Commissioner for Legislation Louisa Christodoulidou Zannetou and in which the Ministries of Interior, Agriculture, Justice, the Game Service, the Department of Forests and the Legal Service participate, is in the final stage of drafting the bills and there is still a session left for their final form. The bills will be sent to the competent ministries for transmission to the Legal Service for legislative scrutiny. According to the decisions taken, up to €8,000 come out of court for lighting a fire without a license and imprisonment of up to 10 years. Burning outside the permitted period will now be punished out of court with a fine of €4,000 and in case of a second complaint, the extrajudicial fine will be €8,000. Also, lighting a fire for spit in picnic areas without taking the permitted measures will be punished with an extrajudicial fee of €2,000 and in case of a second violation the fine will be doubled. The bad habit of throwing a cigarette butt or a lit match that can cause fire, will be punished with an extrajudicial €2,000. In the event of a fire, then the offender will be sent to court and can be punished up to five years in prison.
"F" reports that what is currently in force with severe penalties for forest fires will be extended to the countryside, since it has been established that many catastrophic fires start from burning or reckless acts. The Working Group's recommendation is that the Law on the Prevention of Rural Fires should be repealed and replaced with a new text, which will include modernized provisions, not only in terms of offenses, but also in general the way it operates, in relation to dealing with fires in the countryside. According to the philosophy of the changes, penalties will be proportional to the damage caused or the intent of the one who intentionally or negligently causes fire.
According to the suggestions, the whole effort is related to the proportionality of penalties, which should increase according to the result, i.e. if a fire was caused, even if there was a permit, by a reckless and negligent act it should carry a harsher penalty. Penalties for endangerment offences and offences resulting in fire will also be redefined and the offence of using tools that cause sparks without authorisation during the fire season (1 May to 31 October) will be introduced. Violation of this article will carry a prison sentence of 5 years or a €25,000 fine.
Other contributions
> The improper or defective operation of any motor vehicle that causes a fire is criminalized and the penalty will be 10 years imprisonment or €50,000 fine.
> Any person who causes a forest fire by acting with permission, but due to reckless or negligent action or failure to take the necessary precautions, the prison sentence amounts to 10 years or a €50,000 fine.
> A new article is introduced, which separates the offenses of endangerment and effect with penalties of 5-10 years imprisonment.
> The offender will pay all or part of the amount spent on suppressing the fire.
> It will be possible to settle some offenses out of court and criminal prosecution will be brought only in some special circumstances, e.g. if the fire causes damage to any forest or woodland, or death, etc.
> All extrajudicial fines can be settled, if requested in writing by the person to whom the extrajudicial fine was issued and approved by the Director of the Department of Forests, as well as the manner of settlement.
> The payment of an out-of-court fee will be made electronically.
Requisition by District Officers of each vehicle
With an amendment to the Prevention of Fires in the Countryside Law of 2022, it is possible for the District Officer to requisition, in case of any fire, by a person who owns a vehicle or machine, to immediately assist in the work of extinguishing the fire and pay market rent for its use.
A decree may also be issued prohibiting the use in an open space in the open air of tools, machinery, appliances or other equipment for cutting or welding metals or other materials which, during their use, cause heat, flame or spark and may cause fire, if weather conditions are such as to favour the outbreak and spread of fires.
Prohibitions on lighting fires are introduced, with some exceptions. The Police will be informed about the lighting of a fire, adequate precautions should be taken to prevent the spread of the fire and there should always be the necessary means to fully extinguish it.
An article is introduced with offences punishable by five years imprisonment or a fine of €25,000 and offences due to reckless or negligent action, conduct or omission or failure of a person to take all necessary precautions, or due to improper operation of any motor vehicle or negligent use in an open area in the countryside of tools, machinery, appliances or other equipment, which during their use cause heat, flame or spark and may cause a fire or violate a prohibition decree punishable by ten years imprisonment or €50,000.
The Court, in addition to any other penalty, may impose a fine equal to the amount of money that has been used for extinguishing or has been or may be used for the environmental repair of the damage done by the fire.
Among the suggestions is the amendment of the Municipalities Law of 2022, so that for the offense that criminalizes the burning within any municipal boundaries of various materials, with a very low penalty of €860 or a prison sentence not exceeding three months, an increased penalty is provided.
With regard to the Communities (Amendment) Law of 2022, an offence that did not exist previously is introduced, in relation to burning within areas of communities, which fall outside the provisions of the Rural Areas Bill, with increased penalties.
