Conflicting accounts and the limits of expert evidence

Supreme Court · Second Chamber (Penal) · 2017

What the Supreme Court considered and decided

The court set aside sexual-offence convictions because of insufficient evidence and significant differences between accounts. It rejected using expert evidence to supply facts the persons concerned had not stated.

What this helps explain

The expert test helps to assess technical elements, but does not in itself replace the accreditation of the facts charged.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.