A defence alibi and insufficient evidence

Supreme Court · Second Chamber (Penal) · 2018

What the Supreme Court considered and decided

The court acquitted in a case alleging sexual assault within marriage, finding insufficient evidence and an improper denial of the opportunity to establish an alibi. It also set aside other convictions in those proceedings.

What this helps explain

It does not stipulate that a victim always needs external witnesses: it resolves the evidentiary and defensive shortcomings of this particular matter.

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.