Giving evidence as the victim of an attack

Supreme Court · Second Chamber (Penal) · 2018

What the Supreme Court considered and decided

The court upheld a conviction for an attack on a former partner and considered the victim’s position as a witness. Her knowledge came from having suffered the events, as well as having witnessed them.

What this helps explain

The victim status guides the analysis of testimony, without eliminating the presumption of innocence or the requirement of sufficient evidence.

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.