The Court of Appeals ordered that A.F. remain in custody until September 21, overturning the lower court’s decision that had granted him conditional release, as it determined that there is a serious risk of him reoffending.
A.F. faces 11 criminal charges before the Nicosia District Court, including assault causing actual bodily harm, joint assault, malicious damage, harassment, threats, and psychological abuse.
ΣΧΕΤΙΚΑ ΑΡΘΡΑ
In a unanimous decision, the Court of Appeals ruled that the trial court erred in granting the respondent a conditional acquittal.
According to the ruling, the risk of reoffending is “more than evident” and justifies his detention until trial.
The Court of Appeals took into account, among other things, that three other criminal cases are pending against the defendant, who also has two prior convictions.
In one of the pending cases, according to the decision, he faces charges that include child sexual abuse and the distribution of pornographic material.
In its ruling, the Court of Appeals notes that the offenses in this case are alleged to have been committed during a period when the defendant was on conditional release to ensure hisin other criminal cases.
The Court also noted that the charges in this case cover the period from July 2024 through August 2026, while taking into account the defendant’s criminal record and pending cases.
As stated in the decision, no specific or precise evidence is required to establish a risk of recidivism. It is sufficient, based on the totality of the evidence, that a strong impression be created that such a possibility exists, it notes.
In the present case, the complainant had withdrawn her complaints through sworn statements and had declared that she did not wish to testify against the respondent.
The Court of Appeals, however, ruled that the withdrawal of the complaint does not affect the issue at hand, namely the risk of reoffending.
The trial court had previously rejected the prosecution’s request for detention both on the grounds of flight risk as well as the risk of reoffending, and had imposed conditions on the defendant, as well as orders requiring him to stay away from and refrain from contacting the complainant and her mother.
The Court of Appeals did not further examine the risk of flight, ruling that the finding of a risk of reoffending was, in and of itself, sufficient to justify pretrial detention.
As a result, it overturned the trial court’s order for conditional release, the conditions that had been imposed, as well as the related restraining orders and communication bans.
The defendant will remain in custody until his next appearance before the Nicosia District Court on September 21, 2026, at 8:30 a.m.
READ ALSO: Arikli says he will not hesitate to face justice for the shipwreck in Kyrenia | AlphaNews
Source: CNA
