Filenews 11 August 2024 - by Angelos Nicolaou
The catastrophic fire in the wider area of Arakapas in July 2021 triggered the modernization of the legislative framework governing the offences in relation to lighting fires and arson. After three years, and after consultation, it was decided to revise a total of six pieces of legislation. Last Monday they were approved by the Council of Ministers, following a joint proposal by the Ministries of Agriculture, Interior and Justice.
The Legal Service, in 2021, pointed out the following in this regard:
a) Offences relating to arson, lighting a fire, causing a fire and other related offences are scattered throughout a number of legislations.
b) Some of the criminal conduct mentioned overlaps or is found in more than one piece of legislation.
c) There is inconsistency in the level of penalties provided for in relation to the seriousness of the criminal conduct criminalised in each offence.
In the letter of Attorney General George Savvides to the Ministers of Justice, Interior and Agriculture, Rural Development and Environment, it is noted that the above cause problems both in the implementation of the aforementioned legislation and in the establishment of criminal cases in the courts. Moreover, they call into question the clarity and legal certainty that should distinguish particularly criminal legislation and undermine the preventive function that such legislation should perform. Furthermore, the involvement of different Services and Departments with responsibility for the implementation of the relevant legislation and the various powers that each Department has regarding the prevention and suppression of fires, requires an overall view of the legislation, so that similar circumstances are uniformly regulated and distinct circumstances are regulated accordingly.
