Conviction of two European Citizens by Cypriot Assize Court in regard to fraudulent transactions related with real estate properties in the occupied by Tϋrkiye areas of the Republic of Cyprus
The Assize Court of Nicosia held a hearing on 09/05/2025 and imposed a prison sentence to two individuals who committed criminal offences related with Greek Cypriot owned property in the occupied areas of the Republic of Cyprus. The first defendant was convicted to 2½ years imprisonment, whereas the second defendant to 15 months.
In particular, the first defendant advertised the sale of residential houses erected in Greek Cypriot privately owned land in her private website, whereas the second defendant through her private social media account on behalf of a “company” set up and operating illegally in the occupied by Turkiye areas of the Republic of Cyprus. All these residential houses promoted by the defendants were constructed in Greek Cypriot owned properties without their consent.
The Assize Court, before imposing the imprisonment sentence to the two offenders, underscored the severity of the offences related with fraudulent transactions related with real estate properties in the occupied areas of the Republic of Cyprus on the one hand, and the rise in number of this criminal conduct on the other.
The Court also recalled that the Republic of Cyprus continues to exercise its sovereign rights in the entirety of its territory, despite the fact that Turkish occupation prevents the Republic of Cyprus from exercising effective control over its occupied territory.
Accordingly, it is once again reminded that, under the laws of the Republic of Cyprus, the use of property registered in the name of another individual constitutes a criminal offence. The commission of this offence could lead to the issuance of a European arrest warrant, enforceable in any of the other 26 EU countries, as well as an international arrest warrant.
Article 303A of the Criminal Code of the Republic of Cyprus, pursuant to which the two defendants were convicted, deals with fraudulent transactions involving another person’s immovable property. Subsection (1) states that anyone who intentionally engages in such transactions with the aim of committing fraud is committing a felony, punishable by up to seven years in prison. An attempt to commit this offence is also a felony and carries a potential prison sentence of five years.
This provision applies when a person commits the following actions:
(a) Sells, rents, conveys, or allows the use of the property to someone else,
(b) advertises or promotes the property’s sale, rental, mortgage, or use by another person,
(c) enters into an agreement related to the property’s sale, rental, mortgage, or use by another person, or
(d) accepts the sale, rental, mortgage, or use of the mentioned real property.
Furthermore, the scope of application of the Criminal Code of the Republic of Cyprus was expanded in 2006 to encompass offenses committed abroad by any person, as long as the offence is connected to immovable property located within the Republic. This includes actions like conspiracy, attempted crimes, incitement, or any actions that encourage others to commit offences linked to immovable property within the Republic.
As it was underscored in the Court’s decision, the legislation of the Republic of Cyprus applies to the entirety of the country’s territory, including the areas under belligerent occupation by Turkey.
For more information on the matter you can visit the Ministry of Foreign Affairs website in the following link.