The Alma Movement submitted a proposal for the modernization of the Law on the Rehabilitation of Convicted Persons, with the aim, as it states, of expanding the possibility of rehabilitation of persons with old convictions, while maintaining increased control over access to positions of special responsibility and trust.
The proposal, which was forwarded to the Services of the Parliament by MPs Odysseas Michailidis, Michalis Paraskevas and Litsa Drousiotou, provides, among other things, for the possibility of automatic reinstatement of convictions with prison sentences of up to four years after the lapse of specific periods of time, as well as special provisions for offenses committed before the completion of the 21st year of age.
At the same time, it is proposed to introduce three levels of information from the criminal record, depending on the nature and requirements of each position, so that rehabilitated convictions can, under certain conditions, be taken into account in the case of sensitive positions, without automatically leading to exclusion.
The announcement follows in full
We are modernizing the law on the rehabilitation of convicts: A second chance, but also a substantial control of sensitive positions.
As part of the Alma Movement's effort to modernize old and outdated legislation, a proposal for a new Law on the Rehabilitation of Convicted Persons, along with a consequent amendment to the Police Law, was forwarded to the Services of the Parliament yesterday.
The existing Cypriot law dates back to 1981 and moves in the logic of restoration that had been enacted as early as the 1970s. In the meantime, modern European systems have evolved towards a more balanced approach: they give a real second chance after a reasonable period of time has elapsed, but allow for more targeted scrutiny of old convictions when the nature of a particular position warrants it. We want to introduce this philosophy in Cyprus as well.
With the new proposal submitted by our MPs Odysseas Michailidis, Michalis Paraskevas and Litsa Drousiotou, we expand the possibility of restoration in relation to the existing situation. Convictions with a prison sentence of up to four years will be able to be automatically reinstated after longer periods of time, while for persons who committed the crime before reaching the age of 21, it is provided, under strict conditions, the possibility of rehabilitation even for sentences of up to six years.
At the same time, we are filling a significant gap in the current system. The restoration of a conviction should not mean that it becomes "invisible" for any purpose, even when one claims a position of special responsibility and trust.
That's why we're introducing three different levels of information:
1. General Criminal Record Certificate
It will be the certificate of general use, essentially the current "clean criminal record". Rehabilitated convictions will not be displayed. A person who has been rehabilitated will be able to continue his life and claim a regular job without being followed for life by an old mistake.
2. Limited Disclosure Certificate
For specific sensitive positions – such as in the Police, Prisons, Justice, the Legal Service, the Army, for nurses, midwives and social workers, as well as for certain positions of increased public or financial responsibility – specific old convictions that are genuinely relevant to the position will be able to be disclosed, even if they have already been rehabilitated.
The entire criminal history will not be displayed. Only the categories of offences that are relevant to the specific position will be displayed and their existence will not mean automatic exclusion. The competent body will have to carry out an individual assessment.
3. Certificate of the existence or non-existence of an impediment
Where the legislation explicitly provides that a specific conviction is an impediment, a mere certificate will be issued as to whether the impediment exists, without disclosing more information than is necessary.
At the same time, the special strict regimes already provided for by the legislation, such as the special archive, certificates and impediments for offenses of sexual abuse and exploitation of children, are fully maintained.
The philosophy of the proposal is clear: a second chance to those who are entitled to it, but not a blind spot when it comes to positions of increased responsibility and trust.
