Two tragedies involving the deaths of children have shocked all of Cyprus recently, with two fathers ending up in handcuffs and facing justice. In the first case, two brothers, boys aged eight and ten, met a tragic end after suffocating inside their father’s vehicle in Xylofagou; and in the second case, we had the death of a child just three years old, who fell from a fourth-floor window at a hotel in Paphos.

In both cases, the police arrested the fathers, with the first facing charges of causing death by reckless and irresponsible conduct in relation to both children. The second father, who was in Cyprus on vacation with his family and the unfortunate child, faces the charge of causing death by reckless, reckless, or dangerous act, which carries a prison sentence of up to four years. At the same time, he faces charges of dereliction of duty as head of the family and failure to fulfill his responsibility as a person entrusted with the care of another.

SEE ALSO: Video footage shows the two children playing inside the fatal vehicle; new revelations about the tragedy

What time brings: tragedies and those criminally liable

Speaking on the Alpha News program, attorney Andreas Christou stated that the criminal code needs to be modernized. Cypriot law does not provide for special treatment regarding detention in cases such as this one, since once a person is criminally liable, the prescribed criminal procedures apply.

A suspect’s distressed psychological state does not, in and of itself, constitute grounds for not placing or keeping them in custody. Even in cases where the suspect is a parent who has lost a child, the current legal framework does not provide for different treatment with regard to detention.

“Yes, it is the police who investigate a case. Yes, that is what criminal procedure dictates. That when a person is arrested, they must appear before a judge within 24 hours so the judge can determine whether they should remain in custody for the purposes of the investigation. The purpose of the investigation is based on the evidence that exists, not on what might emerge during the investigation. Personally, I didn’t expect the detention to last eight days. The surveillance footage was there from the very beginning, the toxicology results came back negative—what else is there for the police to investigate that could interfere with their work?”

READ ALSO: A Fatal Game Behind the Death of a Three-Year-Old: The Tragedy in Paphos Unfolded Before His Grandfather’s Eyes

The offense of neglect of duty as head of the family

“Anyone who, as head of a household, has custody of a child under the age of fourteen living in their home, has a duty to provide the child with the necessities of life and is deemed to have caused any consequence for the child’s life or health resulting from any failure to perform the aforementioned duty, regardless of whether the child is helpless or not.”

It should be noted that detention does not prevent the provision of necessary medical or psychiatric care to the suspect. As Mr. Christou clarified, if such support is requested, the state is obligated to immediately make the necessary arrangements, through hospitalization at a hospital or another specialized facility.

READ ALSO: “Two little souls will return in coffins”: Grief over the deceased siblings; shocking testimonies

However, there is a clear legal distinction between negligence and intent, as when a death results from negligent behavior, the criminal treatment differs from that of intentional homicide.

In the case of negligence, there is no intent to cause death. However, what is punishable is the failure to take the necessary measures that could have prevented the fatal outcome.

SEE ALSO: Shock over the death of a 3-year-old boy: He came to Cyprus on vacation with his parents