prosecutor, who authorized a police team to carry out an inspection in the
apartment. The police entered the apartment at 11:25 pm and, having
seized the Applicant and Hannibal’s underwear, took the pair to the police
station.
8.
On 12 November 2014, the Grombalia Public Prosecutor decided to open
investigations against the Applicant and Hannibal for adultery, under Docket
Number 4/30943 1070. The initial medical examination of the Applicant
conducted on 10 November 2014 showed that she had not engaged in
sexual intercourse recently. A second forensic examination of the Applicant
and Hannibal’s underwear on 14 November 2014, revealed traces of semen
matching Hannibal’s genetic characteristics.
9.
On 9 December 2014, the Grombalia Court of First Instance handed down
Judgment No. 8210 (hereinafter referred to as “the Judgment of 9
December 2014”), in which it found the Applicant and Hannibal guilty of
adultery, an offence punishable under Article 236 of the Respondent State’s
Penal Code.4 They were sentenced to seven months’ imprisonment and
ordered to jointly pay the Applicant’s husband an amount of 5,000 Tunisian
dinars as reparation for moral prejudice, and 300 dinars as costs and
lawyer’s fees.
10. The Applicant, her husband and Hannibal appealed the above-mentioned
the Judgment of 9 December 2014 before the Nabeul Court of Appeal. On
19 January 2015, the Nabeul Court of Appeal rendered Judgment No. 7380
(hereinafter referred to as “the judgment of 19 January 2015) in which it
upheld the contested judgment.
4 “Adultery by the husband or wife is punishable by five years’ imprisonment and a fine of five hundred
(500) dinars. It may only be prosecuted at the request of the other spouse, who retains the right to halt
the proceedings or the effect of the sentence. Where adultery is committed in the marital home, article
53 of the present code shall not apply. The accomplice is punished by the same penalties as the guilty
wife or husband”.
4