A suspect’s distressed psychological state does not in and of itself constitute grounds for not placing or keeping them in custody, criminal defense attorney Andreas Christou told CNA on Tuesday, referring to the case of the three-year-old boy’s death in Paphos.

As he explained, even in cases where the suspect is a parent who has lost a child, the current legal framework does not provide for different treatment regarding detention.

“No, that would not be possible,” he said, clarifying that a person’s psychological state is not grounds for altering their detention status.

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Mr. Christou noted, however, that detention does not prevent the suspect from receiving necessary medical or psychiatric care. As he explained, if such support is requested, the state is obligated to immediately make the necessary arrangements, whether through hospitalization or placement in another specialized facility.

“If support is needed within a hospital, then yes, it could be provided, or within another clinic with more specialized expertise,” he said.

Mr. Christou also noted that Cypriot law does not provide for special treatment regarding detention in cases such as this one, clarifying that once a person is criminally liable, the prescribed criminal procedures apply.

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“We have no other provisions in our legal system or any other regulations concerning detention or anything different in such cases,” he said, adding that the suspect’s status as the child’s father does not alter the legal framework governing criminal proceedings.

Explaining the legal distinction between negligence and intent, Mr. Christou noted that when death results from negligent conduct, the criminal treatment differs from that for intentional homicide.

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“When someone acts negligently, the criminal treatment is different, because they did not intend to do it, but what is punished is that they did not take the necessary measures to prevent the death,” he said.

Regarding the expected sentence, Mr. Christou assessed that the case falls under Article 210 of the Penal Code, which concerns negligent, reckless, reckless, and dangerous conduct resulting in death.

As he noted, according to that article, the maximum prescribed sentence is four years’ imprisonment; however, however, that the Court has the discretion, depending on the circumstances of each case, to impose a suspended prison sentence or even a fine.

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“The prison sentence may not be immediate,” he said, citing as an example the case of the death of 16-year-old Panagiotis Stefanis in April 2019, in which suspended prison sentences were imposed on those found guilty of the offense of causing death by negligence.

Finally, commenting on the possibility of liability on the part of the hotel, Mr. Christou stated that the matter should be investigated by the prosecuting authorities.

As he said, the circumstances must be examined, as well as whether adequate safety measures were in place to prevent a young child from gaining access.

“If so, then the owners of that particular hotel—or even the individuals who ultimately left the window open—may also be held accountable,” he concluded.

Source: CNA