Amazing old laws still apply

What do deliberate smashing of plates in restaurants, duels and fortune telling have in common? It’s very simple: all these actions are prohibited under Cypriot law and are still mentioned in the laws of the country. 

“Any person having in his possession, on his premises, under his control or otherwise in possession of sponges, and knowing that it is contrary to law, shall be liable to a fine not exceeding £20 and the sponge shall be forfeited.” This is Chapter 146 of the Sponge Fisheries Law of the so-called Chapters, which remains part of Cypriot law, despite the fact that many of its provisions are already outdated. Cyprus inherited these laws from the British after gaining independence.

Some of Britain's outdated laws have been repealed or changed. But the same Law on sponge fishing remains in force, although these underwater inhabitants are no longer harvested in Cyprus. 

They may make you smile, but they do not inherently cause any harm. Who could object, for example, to a law obliging the buyer of carob fruit to weigh the container for the fruit separately from the carob itself if the seller so requests? (Chapter 37, Carob Container Law).

However, the opposite also happens. The law seems to be becoming outdated, but then suddenly it becomes relevant again. And then it can start to create problems. This is exactly what happened in 2020 during the pandemic. Since Cyprus has not seen a pandemic for many decades, everyone conveniently forgot about the British quarantine law and did not bring it into line with the requirements of the times. And when the problem became relevant again, it turned out that, although old, the law in force was completely inadequate to the prevailing realities, right down to the fact that the amount of fines was indicated in pounds. 

Parliament had to make changes in a hurry, which resulted in legislative chaos, and the entire procedure for introducing new legislation was called into question.

Laws reflect society, but do not change as quickly as it does. For example, in Cyprus the following law still applies: “Any person who gives or is responsible for a Muslim festival and, whether paid or free, employs a dancer or permits a dancer to dance or sing at such a festival is guilty of a misdemeanor” ( Art. 97 of the Criminal Code). 

And Article 95(A) prohibits breaking utensils in a public amusement establishment: “Whoever, in a public amusement establishment, intentionally breaks any article of glassware, china, or any other fragile material, is guilty of a misdemeanor and shall be liable to imprisonment for six months.” months." This article is interesting because it was added to the legislation after independence.

In fact, quite a lot is illegal in Cyprus, which no one even suspects. Article 90 prohibits challenging or provoking another person to a duel. Article 304 prohibits residents from telling fortunes or “pretending that they are engaged in any kind of witchcraft, divination, or casting spells.” It is not entirely clear what will happen to the suspect under this article if he can prove that he was engaged in fortune telling for real, and not pretending.

Article 178 deals with the case where a man “deliberately and by deception causes any woman not legally married to him to believe that she is legally married to him and, based on this belief, to cohabit with him or enter into a relationship with him.” sexual intercourse." From the wording of the article, one might assume that women can get away with this behavior.

Article 99(B), added in 2018, prohibits anyone from “by word, gesture or any other means” preventing a woman from breastfeeding her child.

Chapter 196 of the Coinage Law prohibits “melting, breaking or otherwise using, except as currency, any coin currently in circulation in the colony (that is, in Cyprus. - Note “VK”) or in any other country."

The knife law seems particularly strict. Article 82 of the Criminal Code provides for a penalty of one year in prison for carrying a knife outside the home, even if it does not have a pointed end. However, Article 84 makes an exception for certain folding knives.

In practice, such laws are rarely enforced, even if compliance is theoretically possible. “The Legal Service employs smart people. They are not going to bring charges against everyone,” lawyer Kriton Dionisiou confidently states.

It's much more dangerous when new acts make something you didn't even know illegal, or when they are worded too broadly. Dionysiou points, for example, to Article 7(3) of the Law on Harassment and Stalking (Law No. 114(I)/2021), which applies a common sense test. A person must understand that his behavior amounts to harassment or stalking from a common sense point of view. Is this fair? Can someone be convicted of harassment even if they never actually intended to harass anyone? 

It can be assumed that some of the current laws will seem as strange 60 years from now as the old ones seem today.

The text was prepared based on materials from Cyprus Mail. 

Thanks to researchers and travelers who left vivid memories of their visit to the island of Aphrodite, evidence of the peculiarities of life in Cyprus in different eras has reached us. These memoirs also contain important historical facts that significantly complement the information about key world events. More interesting things at the link.