Kidnapping & Abduction in Cyprus

Amendments to the Criminal Code

The Criminal Code (Amendment) Law 190 (I) of 2021 marked a significant milestone in the legal landscape of Cyprus, as it introduced crucial amendments to the Criminal Code aimed at fortifying the legal framework against kidnapping and abduction. The rise in global crime rates, particularly organized crime and human trafficking, necessitated these changes to better protect citizens and ensure the safety and security of the nation. In this article, we will provide a detailed and descriptive overview of the amendments to the Criminal Code and how they affect kidnapping and abduction cases in Cyprus.

Expansion of the definition of kidnapping and abduction

The Amendment Law 190 (I) of 2021 expanded the definition of kidnapping and abduction to encompass a broader range of activities, including the wrongful retention or concealment of a person. This enhancement provides a more comprehensive understanding of the crimes, ensuring that all forms of abduction and kidnapping are adequately addressed by the law.

Kidnapping and abduction are criminal acts involving the unlawful taking or holding of a person against their will. Although they are often used interchangeably, there are subtle differences between the two terms. Here, we provide a detailed expansion on the definitions of kidnapping and abduction as they pertain to the Cypriot legal landscape.

Kidnapping

Kidnapping is the act of forcibly, fraudulently, or covertly taking a person from one location to another without their consent. This crime typically involves the use of force, threat, or deception to restrain the victim and prevent them from exercising their freedom of movement. Kidnapping may be committed for various reasons, including extortion, ransom, human trafficking, or to exert control over a person. In the context of the Criminal Code (Amendment) Law 190 (I) of 2021, the definition of kidnapping has been expanded to include the wrongful retention or concealment of a person, further broadening the scope of punishable actions.

Abduction

Abduction, on the other hand, refers to the unlawful taking or holding of a person, particularly a minor or a woman, without their consent or the consent of their legal guardian. Abduction may be committed with the intent to marry or engage in an illicit relationship with the victim, or to subject them to forced labor, servitude, or exploitation. While kidnapping generally involves the use of force, threat, or deception, abduction might be carried out with subtler means, such as persuasion, inducement, or enticement.

Under the Criminal Code (Amendment) Law 190 (I) of 2021, the definition of abduction has also been broadened to encompass a wider range of activities, providing a more comprehensive understanding of the crime and ensuring all forms of abduction are adequately addressed.

Common Elements

Despite the differences between kidnapping and abduction, they share several common elements, including:

  1. Unlawful taking or holding: Both crimes involve the unlawful taking or holding of a person against their will, depriving them of their liberty and freedom of movement.
  2. Lack of consent: Kidnapping and abduction are committed without the consent of the victim or, in the case of minors or vulnerable individuals, their legal guardian.
  3. Criminal intent: The perpetrators of both crimes have malicious or nefarious intentions, such as extortion, exploitation, or exerting control over the victim.

By understanding the nuances between kidnapping and abduction and expanding their definitions in the Criminal Code (Amendment) Law 190 (I) of 2021, Cyprus has demonstrated its commitment to addressing these heinous crimes and ensuring the safety and security of its citizens.

Increased penalties for kidnapping and abduction

The Criminal Code (Amendment) Law 190 (I) of 2021 introduced increased penalties for kidnapping and abduction offenses, aimed at deterring potential criminals and reinforcing the severity of these crimes. The amendments reflect the Cypriot government’s commitment to enhancing the legal framework against kidnapping and abduction and protecting the well-being of its citizens. The increased penalties can be outlined as follows:

  1. Maximum prison sentence

Under the amendments, the maximum prison sentence for kidnapping and abduction offenses has been increased. In cases where the offender used force, threats, or deception to commit the crime, they may now face a maximum sentence of 14 years imprisonment. This significant increase in penalties serves as a strong deterrent to potential offenders and emphasizes the severity of these offenses.

  1. Aggravating factors

The amendments also introduced the consideration of aggravating factors in the sentencing process. When assessing penalties, courts may take into account factors that aggravate the offense, such as the involvement of minors, vulnerable individuals (e.g., elderly or disabled persons), or the use of weapons or violence. The presence of these factors may result in harsher penalties for the offender, further reinforcing the gravity of these crimes.

  1. Minimum sentences

In some cases, the amendments also established minimum sentences for kidnapping and abduction offenses, ensuring that offenders receive a proportionate penalty for their actions. By setting minimum sentences, the law sends a clear message that these crimes will not be taken lightly and that offenders will face severe consequences for their actions.

  1. Fines and compensation

In addition to imprisonment, the amendments also allow for the imposition of fines and compensation orders in cases involving kidnapping and abduction. Courts may order offenders to pay substantial fines or compensate their victims for any damages or losses incurred as a result of the crime. This serves to hold offenders financially accountable for their actions and provide some restitution to victims.

These increased penalties serve multiple purposes. They not only deter potential criminals from engaging in such activities but also emphasize the seriousness of these crimes and the commitment of the Cypriot government to combat them. Furthermore, the increased penalties provide a sense of justice to the victims and their families, who may feel more assured that the perpetrators will face the full force of the law.

Extraterritorial jurisdiction

The Criminal Code (Amendment) Law 190 (I) of 2021 expanded the jurisdiction of Cypriot courts to prosecute kidnapping and abduction offenses committed outside the borders of Cyprus. This is particularly important in addressing transnational organized crime and human trafficking cases, as it enables the effective prosecution of criminals who may have previously escaped justice.

Enhanced protection for minors and vulnerable individuals

The amendments also introduced enhanced protection for minors and vulnerable individuals, such as the elderly and those with disabilities. The law now includes aggravating factors in cases involving these vulnerable groups, resulting in harsher penalties for offenders.

Strengthening cooperation with international law enforcement agencies

The amendments to the Criminal Code also paved the way for strengthened cooperation with international law enforcement agencies, facilitating the exchange of information and resources to combat kidnapping and abduction more effectively. This enables Cyprus to work closely with other nations to address these crimes and ensure the safety of its citizens.

Main Amendments

The Criminal Code (Amendment) Law 190 (I) of 2021 brought significant changes to the Cypriot legal landscape by amending several articles of the Criminal Code related to kidnapping and abduction. Here, we provide an expansion of the amended Articles 246, 247, 249, 250, and 251:

Article 246 – Kidnapping with Force or Fraud

Article 246 primarily addresses the crime of kidnapping with force or fraud. Following the amendments, this article now covers a wider range of actions, including wrongful retention or concealment of a person. Additionally, the maximum penalty for offences under this article has been increased to 14 years imprisonment in cases involving the use of force, threats, or deception.

Article 247 – Kidnapping without Force or Fraud

Article 247 deals with kidnapping without the use of force or fraud, such as cases where the victim is enticed or persuaded to accompany the perpetrator. The amendments to this article have led to an expansion of the definition of kidnapping, ensuring that all forms of this crime are adequately addressed by the law. Furthermore, the penalties for offences under this article have also been increased, reflecting the seriousness of these crimes.

Article 249 – Abduction of Women and Girls

Article 249 focuses on the abduction of women and girls, with or without their consent, for immoral purposes or the intent to marry them against their will. The amendments to this article have broadened its scope and increased the penalties for such offences. This highlights the importance of protecting women and girls from abduction and ensuring that offenders face severe consequences for their actions.

Article 250 – Abduction of Minors

Article 250 pertains to the abduction of minors, defined as individuals under the age of 16. The amendments to this article emphasize the need to protect minors from abduction, regardless of whether the perpetrator is a parent or guardian. The amended article has also introduced harsher penalties for offenses involving minors, including increased prison sentences and fines, to serve as a deterrent and to underscore the gravity of these crimes.

Article 251 – Child Abduction

Article 251 deals with child abduction, particularly the wrongful retention or concealment of a child by a parent, guardian, or another individual. The amendments to this article have expanded the definition of child abduction and increased the penalties for such offenses. This includes cases where the child is taken or retained outside of Cyprus, reflecting the growing need to address cross-border child abduction cases.

The amendments to Articles 246, 247, 249, 250, and 251 of the Criminal Code signify the Cypriot government’s commitment to strengthening the legal framework against kidnapping and abduction. By expanding the definitions of these crimes and increasing the penalties for offences, Cyprus demonstrates its dedication to protecting its citizens, particularly vulnerable groups such as women, girls, and minors, and ensuring that offenders are held accountable for their actions.

Services Offered by Chambers & Co

Chambers & Co is a leading provider of legal services in Cyprus, with a team of experienced lawyers dedicated to assisting clients in navigating the complexities of the Criminal Code (Amendment) Law 190 (I) of 2021. Our services include:

Legal consultation and representation

Our expert lawyers provide comprehensive legal consultation and representation in cases involving kidnapping and abduction. We work diligently to protect the rights of our clients and ensure that they receive the best possible outcome in their case.

Assistance with extradition matters

Chambers & Co also specialises in extradition matters, assisting clients who may be facing extradition requests from foreign jurisdictions in connection with kidnapping and abduction charges. We work closely with our international partners to ensure that our clients’ rights are protected throughout the extradition process.

Victim support and advocacy

Our firm is committed to providing support and advocacy for victims of kidnapping and abduction. Our lawyers work tirelessly to ensure that victims receive the justice they deserve and are supported throughout the legal process.

 

 

Amendments to the Criminal Code by the Criminal Code (Amendment) Law 190 (I) of 2021.

Article 246 of the basic law (Definition of kidnapping from lawful guardianship) is amended by the deletion of the phrase “under fourteen years of age if a male, or” (second line) and the phrase “if a female” (third line).

New wording: Any person who takes or entices any minor under the age of sixteen or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.

Article 247 of the Basic Law (definition of abduction) is amended by adding to it, immediately after the word “force” (first line), the words “or threat of force”.

New wording: Any person who by force or threat of force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

Article 249 of the Basic Law (Kidnapping or abducting a person for the purpose of murder) is amended as follows: deprivation of liberty; (a) by substituting the words “or abducts” (first line), with the phrase “either abducts or unlawfully deprives of their liberty”; and (b) by substituting the word “ten” (fourth line), with the word and number “fourteen (14) “.

New wording: Any person who kidnaps or abducts or unlawfully deprives any person of their liberty in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, is guilty of a felony and is liable to imprisonment for fourteen (14) years.

Article 250 of the Basic Law (Kidnapping or abducting  a person with intent for the purpose of secretly and wrongfully confining the person) is amended as follows: deprivation of liberty” and (b) by replacing it with the words “or abducts” (first line), with the phrase “either abducts or unlawfully deprives of their  liberty”.

New wording: Any person who kidnaps or either abducts or unlawfully deprives of their liberty any person with intent to cause that person to be secretly and wrongfully confined, is guilty of a felony and is liable to seven years’ imprisonment.

Article 251 of the Basic Law (Kidnapping or abduction with the intent to inflict grievous bodily harm, etc. is amended as follows: (a) by substituting the words “or abducts” (first line), with the phrase “either abducts or unlawfully deprives of liberty”; (b) by substituting the phrase “to the unnatural lust of any person” (third line), with the phrase “sexually abused by anyone”; and (c) the replacement of the word “ten” (fifth line) with the word and number “fourteen (14) “.

New wording: Any person who kidnaps or abducts or unlawfully deprives of their liberty any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or sexually abused by anyone, or knowing it to be likely that such person will be so subjected or disposed of, is guilty of a felony and is liable to imprisonment for fourteen (14) years, and also to a fine.

The basic law is amended by adding, immediately after article 251 thereof, the following new article:

“The kidnapping or abduction or deprivation of their liberty of any person with the intent to compel him or another person to commit an unreasonable act or omission of an act.

251A. Anyone who kidnaps, abducts or unlawfully deprives anyone of their liberty for the purpose of forcing them or another person to commit an unreasonable act or omission of an act is guilty of a criminal offence and, if convicted, is subject to imprisonment that does not exceed fourteen (14) years and a fine.

The basic law is amended by deleting articles 252 (Wrongful concealment or keeping in confinement kidnapped or abducted person) and 253 (Kidnap or abduction of a child under the age of fourteen with the intention of stealing from its person.