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

Sélectionner le paragraphe cible3