Introduction
Introduction
The description of any European criminal justice system usually begins with its classification either as a common law-based adversarial system, or as a civil law-based inquisitorial system. When this classification is used, the criminal justice system of the Republic of Cyprus certainly falls under the former category. The Republic came into existence in 1960, and the new state retained the basic structure of the justice system, which had been operating under British rule during the previous decades.
However, at birth, the Republic of Cyprus also adopted a written Constitution. This Constitution is the source of the powers of the Attorney General. It contains express provisions as to the office and the functions of the Attorney General, who is an independent officer of the Republic vested with the power ‘to institute, conduct, take over and continue or discontinue any proceedings for an offence against any person in the Republic’. The fact that the powers of the Attorney General derive directly from the Constitution is of paramount importance. Sect. 179 Constitution expressly provides that the same ‘… shall be the supreme law of the Republic’. Thus, the supreme law of the Republic expressly and unequivocally establishes the Attorney General’s authority, as the person in charge and in control of criminal prosecution.
In order to grasp the significance of this fact, one must appreciate fully the effects of such supremacy in the present context. In plain words, this means that any attempt on the part of Parliament to introduce legislation, which restricts, limits or regulates the exercise of the Attorney General’s powers in any manner, would be unconstitutional and without any legal effect. Similarly, any act or decision of the executive regarding matters falling within the authority of the Attorney General would violate the supreme law of the Republic. In addition, no judicial decision could invade areas in which the Attorney General decides exclusively.
The effect of the manner in which the constitutional legislator has regulated the matter, is an office, which enjoys independence, protected from any interference by either the executive, or legislative or judicial authority.
The description of any European criminal justice system usually begins with its classification either as a common law-based adversarial system, or as a civil law-based inquisitorial system. When this classification is used, the criminal justice system of the Republic of Cyprus certainly falls under the former category. The Republic came into existence in 1960, and the new state retained the basic structure of the justice system, which had been operating under British rule during the previous decades.
However, at birth, the Republic of Cyprus also adopted a written Constitution. This Constitution is the source of the powers of the Attorney General. It contains express provisions as to the office and the functions of the Attorney General, who is an independent officer of the Republic vested with the power ‘to institute, conduct, take over and continue or discontinue any proceedings for an offence against any person in the Republic’. The fact that the powers of the Attorney General derive directly from the Constitution is of paramount importance. Sect. 179 Constitution expressly provides that the same ‘… shall be the supreme law of the Republic’. Thus, the supreme law of the Republic expressly and unequivocally establishes the Attorney General’s authority, as the person in charge and in control of criminal prosecution.
In order to grasp the significance of this fact, one must appreciate fully the effects of such supremacy in the present context. In plain words, this means that any attempt on the part of Parliament to introduce legislation, which restricts, limits or regulates the exercise of the Attorney General’s powers in any manner, would be unconstitutional and without any legal effect. Similarly, any act or decision of the executive regarding matters falling within the authority of the Attorney General would violate the supreme law of the Republic. In addition, no judicial decision could invade areas in which the Attorney General decides exclusively.
The effect of the manner in which the constitutional legislator has regulated the matter, is an office, which enjoys independence, protected from any interference by either the executive, or legislative or judicial authority.
