Cyber fraud: investigating substantive, procedural and evidentiary legal issues in Cyprus

Cyberfraud is now a significant issue because of the rising numbers of incidences and the loss inflicted to the victims and the economy. However, law practitioners encounter several challenges during a cyberfraud judicial procedure. In this thesis, I will focus on the substantive, procedural and evidentiary issues that law practitioners encounter during a criminal cyberfraud trial in Cyprus. For the purposes of my research, law practitioners have been divided into three groups: prosecution lawyers, defence lawyers and judges. Their views and perceptions regarding the prosecution of cyberfraud crimes have not been researched in length until today, as research focuses on the investigation stage of cybercrimes. The main research questions revolved around the practical obstacles they have to overcome, their main concerns regarding the legislation and procedure and the issues they encounter when electronic evidence is presented. The research methods adopted for this project were qualitative: interviews of a few prosecutors and judges and the distribution of a survey to lawyers through the Cyprus Bar Association. The data gathered was analysed using thematic and discourse analysis, and several conclusions and observations have been reached and noted. There was a consensus between the three groups on several issues in the judicial procedure, such as the need of specialised training. They also expressed interesting views on the limitations of the legislation and the rights of the defendants in relation to evidence that identifies them as perpetrators of the crime.

The findings shed an interesting light on the issues and challenges law practitioners encounter in Cyprus but more research is needed to investigate other issues and obstacles of law practitioners in cyberfraud trials. The main recommendations set out in my project include the need to develop specialised courses for professionals, provide undergraduate education that includes contemporary subjects, foster international cooperation, and modernising and clarifying legislation and evidence rules. My distinctive contributions have been developed when criminal law practice in Cyprus is at a pivotal stage. My research shows that legal knowledge needs to go beyond pure notions of law and that specialised training will safeguard the independence of the judiciary and the standard of legal services.