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On Monday, May 29, 2023, the Nicosia District Court imposed a 5-month prison sentence on two young persons aged 21 years old, who were found by the Police to be carrying, the first, a folding bat, two iron rods and two hand signals and the second, 11 firecrackers. The youths were intercepted by the police in an area adjacent to the GSP Stadium, shortly before the start of the football match between APOEL and APOLLONA.
A criminal case was registered against the defendants for the offences of possession of explosives without a license from the Inspector of Explosives (Explosives Law) and the transportation of offensive weapons in the immediately adjacent area of a sports venue, in violation of the Prevention and Suppression of Violence in Sports Venues Law.
In addition to the immediate sentence of 5 months' imprisonment, the Court issued an Order excluding the two convicted persons from matches, or events, or sports venues for a period of one year from the day of their release, both in relation to domestic matches and sports venues and in relation to football matches with an international dimension.
In its Judgment, the Court, characterizing the objects at issue as "...offensive weapons or objects capable of being used as offensive weapons..." and rejecting the allegations of "immaturity" of the defendants, stating that "immaturity can no longer be considered a sufficient excuse in such cases", it held that for these offences "the only appropriate penalty, in the circumstances, is that of imprisonment". To continue in his Judgment, noting that: "Any other sentence would in [THE COURT'S] judgment not serve the purpose of the Act, would undoubtedly be inappropriate, inadequate and would send the wrong messages to the defendants themselves as well as to would-be imitators of similar criminal behaviour."
Importantly, the Court also stated that the fact that offensive weapons and explosives: '... may not have had time to be carried into the playing field or used is no longer relevant and the reason for this is not only understandable but, as is apparent from the aforementioned decisions and the frequency and nature of the increasing incidents of hooliganism of which judicial notice is taken, imperative'.
This decision stands out, since it is the first to impose a prison sentence of this magnitude, with immediate execution, relating to incidents of this nature, namely the transport and possession of explosives and offensive weapons outside the playing field and without their having been used beforehand.
Ms. Maro Charalambous, Public Defender, appeared for the Prosecution.
(MΛ)
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