The accused’s right of access to the materials of the case in private prosecutions in Cyprus and Directive 2012/13/EU: a comment on reference to the application of Ostia Developers ltd et al., political request no. 171/2019 (9 october 2019)

• Autores: Jamil Ddamulira Mujuzi
• Localización: EuCLR European Criminal Law Review, ISSN-e 2193-5505, ISSN 2191-7442, Vol. 10, Nº. 1, 2020, págs. 112-126
• Idioma: inglés
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• Resumen

  • In Reference to the Application of Ostia Developers Ltd et al., the High Court of Cyprus dealt with the issue of whether an accused in a private prosecution has a right to access the materials of the case. The Court held that under Article 7 of Directive 2012/13/EU and section 7 of the Criminal Procedure Law, the accused did not have such a right. It is argued, inter alia, that although Article 7 of Directive 2012/13/EU does not refer to private prosecutors, a purposive interpretation of Article 7 of Directive 2012/13/EU would impose the obligation in question on private prosecutors. It is also argued that there could be a need to amend Article 7 of Directive 2012/13/EU to expressly impose the obligation on a private prosecutor to disclose materials of the case to an accused.