Appeal dismissed; court upheld conviction for public indecency based on witness credibility and defendant's silence.
Legislator summary
AI generatedThe Court of Appeal dismissed the defendant's appeal against a first-instance conviction for public indecency, upholding the original sentence of one month of restricted freedom. The defendant argued that the court erred by crediting a single witness without sufficient corroboration, violating the principle of in dubio pro reo. The court rejected this, stating that the witness's testimony was detailed, consistent with life experience, and that the defendant's failure to testify or provide alternative evidence did not create reasonable doubt requiring acquittal.
Legislator headnote
AI generatedArt. 4 k.p.k.; Art. 5 § 2 k.p.k.; Art. 7 k.p.k.; The court must evaluate evidence objectively, and the absence of corroborating evidence for a witness does not mandate acquittal if the testimony is credible and the defendant remains silent.