Decision No. 68/2022 – Acquittal judgement of the Three-Member Misdemeanor Court of Giannitsalawuser
Following a relevant complaint from his ex-wife, our client, who was at his ex-wife’s residence to exercise his right to communicate with his child, was arrested through on-the-spot proceedings for violating the provisions on domestic violence (Law 3500/2006, Article 6). He was released, and criminal proceedings were initiated against him. Specifically, he was accused of committing simple bodily harm against his ex-wife by hitting her with a door, causing bruises.
During the court hearing, a medical certificate from a public hospital was presented by the complainant, who supported the charges. The same allegations of committing the above crime were developed by the complainant and her witness. On our side, a witness with specialized knowledge under Article 203 of the Code of Criminal Procedure, specifically a forensic doctor, was called. During the hearing process, it emerged that the aforementioned document did not meet the requirements of a forensic opinion, as the time, manner, and place of the alleged act and the quantity of bruises were not clearly established. Furthermore, from the testimony of the witnesses, and mainly from the testimony of the expert witness, it emerged that the alleged manner of commission and the alleged injuries could not occur as accused against our client. The defense’s position was that the alleged manner of commission and the alleged injuries do not correspond as cause and effect, as easily demonstrated by the findings of forensic science.
Therefore, the court was not convinced of the fulfillment of the objective and subjective elements of the above crime and declared the accused innocent, acquitting him of all charges.