Famagusta District: Fines for beach bar owners

They concern the three days of flood, on 5-7 June 2020


The Famagusta District Court, which met today in Larnaca, imposed fines on the owners of a leisure center in Ayia Napa, for the three days of the Flood, June 5-7, 2020, during which, as it was ruled, they had shown repeated gross negligence. Law.

The court found the two owners of the leisure center, aged 36 and 39, and the company guilty of a total of nine charges related to the Disinfection Law. The first defendant was fined a total of 2.400 euros, the second defendant a total fine of 4.800 euros and the company 7.200 euros.

The accused, while they had initially admitted the four accusations concerning the operation of the recreation center without a license from the Ministry of Tourism, finally declared their non-admission. The defendants also declared non-admission to the five charges concerning violation of the decrees of the Minister of Health and concerning the Law on Infection.

The owners of the premises were reported by the Police five times during the three days of the Flood, while despite the warnings of the members of the Force, they are accused of continuing to show repeated gross negligence and disobedience to the Decrees on Disinfection Law.

In its decision today, the Court referred to the offenses concerning the violation of the measures taken to prevent the spread of coronavirus disease and noted that all offenses that violate public health laws are very serious.

It adds that "the fact that after the first complaint the accused continued to hold the same attitude and behave in the same way that it was previously pointed out to be a crime, can only be pointed out as an indication of their indifference and characterize the whole their conduct as unacceptable ".

It is also noted that "in this case under the given special circumstances and circumstances they become particularly serious for this and the response of the Courts to such behavior for obvious reasons must be immediate, strong and crystalline. "This can only be done through the imposition of severe and dissuasive penalties."

In its decision, the Court took into account all the mitigating factors presented by the defense counsel of the accused, "including the individual circumstances of the offender as well as those arising from the facts of the case to balance the sentence so that it does not simply constitute but to suit the person of the specific offender ".

It is also noted "the fact that the patrons of the premises who violated the Decrees by not observing the distances, have neither been prosecuted nor an extrajudicial fine was issued to them. It was taken into account that a few days after the commission of the offenses, Article 7a was added to the Law on Disinfection to impose an out-of-court fine ".

For the two defendants aged 36 and 39, the Court took into account their white criminal record, their compliance with the charges concerning the issuance of an operating license and their personal circumstances as they are mentioned in the reports of the Welfare Office.

The Court also noted that "the suggestion of punishment of the accused has not escaped due to their public outcry and targeting".

Taking into account all the facts, the Court ruled that the appropriate penalties for all the accused are fines.

However, he stated that "the difference in sentences between the two accused lies in the fact that the accused one was the person in charge of the premises but simply an employee of the accused three, ie the company, while the accused two is the sole director and secretary of the accused three - management company of the premises so the person in charge and or the person who makes all decisions related to the accused company and its operation. "Also, the recent change in the conditions of the first accused was taken into account, both with the acquisition of a new member of his family and with the reduction of his earnings".

Thus, the first defendant, 36 years old, was fined 100 euros in each of the four categories related to the license to operate and a fine of 400 euros in each of the five categories related to violation of the decrees of the Minister of Health. and concern the Law on Disinfection, a total of 2.400 euros.

The court imposed a fine of 39 euros on the second defendant, aged 200, in each of the categories related to the license to operate the premises and a fine of 800 euros on each of the five categories related to violation of the decrees of the Minister of Health. Disinfection Law, total 4.800 euros.

The third defendant, ie the company, was fined 300 euros in each of the four categories related to the license of the establishment and a fine of 1.200 euros in each of the five categories related to violation of the decrees of the Minister of Health. the Infection Law. Total 7.200 euros.

Source: KYPE