Insufficient consideration of defence evidence

Supreme Court · Second Chamber (Penal) · 2023

What the Supreme Court considered and decided

The Supreme Court set aside sexual-offence convictions because the evidence was insufficient and relevant defence expert evidence had not been adequately weighed. Other criminal liability discussed in the proceedings was not entirely removed.

What this helps explain

The control of motivation must also cover elements that weaken the accusatory hypothesis.

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.