The aggravated psychological state of a suspect is not in itself a reason not to be placed or remain in custody, said lawyer - criminologist Andreas Christou on Tuesday, referring to the case of the death of the three-year-old boy in Paphos.
As he explained, even in cases where the suspect is a parent who has lost his child, the current legal framework does not provide for different treatment in terms of detention.
"No, such a thing could not be done," he said, clarifying that a person's psychological state is not a reason to vary his detention status.
Mr. Christou noted, however, that detention does not prevent the suspect from being provided with the necessary medical or psychiatric care. As he mentioned, if relevant support is requested, the state has an obligation to immediately proceed with the necessary arrangements, through hospitalization or other specialized structure.
"Possibly, if some support is needed within a hospital, then yes, it could be provided, or within some other clinic with a more specialized expertise," he said.
Mr. Christou also noted that Cypriot law does not provide for special treatment in terms of detention in cases such as this one, clarifying that from the moment a person is criminally responsible, the prescribed criminal procedures apply.
"We do not have anything else in our legislative system or any other provisions regarding detention or anything different in such cases," he said, adding that the status of the suspect as the father of the child does not change the institutional framework that governs the criminal procedure.
Explaining the legal distinction between negligence and intent, Mr. Christou said that when death occurs due to negligent behaviour, the criminal treatment is different from that involving intentional homicide.
"When someone acts negligently, then their criminal treatment is different, because they did not intend to do it, but what is punished is that they did not take the appropriate measures to avoid death," he said.
Regarding the prescribed sentence, Mr. Christou estimated that the case falls under Article 210 of the Penal Code, which concerns negligent, reckless, reckless and dangerous behaviour from which death occurs.
As he mentioned, according to the article in question, the maximum sentence provided for is four years in prison, pointing out, however, that the Court has the possibility, depending on the circumstances of each case, to impose a suspended prison sentence or even a fine.
"The prison sentence may not be immediate," he said, citing as an example the case of the death of 16-year-old Panagiotis Stefanis, in April 2019, in which suspended prison sentences were imposed on persons found guilty of the crime of causing death by negligence.
Finally, commenting on the possibility of responsibilities on the part of the hotel, Mr. Christou said that the issue should be investigated by the investigative authorities.
As he said, the conditions should be examined and whether there were sufficient security measures to prevent the access of a small child.
"If so, then responsibilities may also be sought from the owners of the specific hotel or from the persons who finally left the window open," he concluded.
CNA
