Published on 26 September 2022

FIRST SECTION

Application no. 65067/16 Stergios TSOURIKAS against Greece lodged on 9 November 2016 communicated on 8 September 2022

SUBJECT MATTER OF THE CASE

The application concerns the alleged violation of the presumption of innocence on account of the imposition of civil liability on the applicant following his acquittal in criminal proceedings.

The applicant was the owner of a bakery in which in 2000 the daughter of one of his employees was fatally injured. By judgment no. 107/2006 of 31 January 2006 of the three-member Larisa Court of Appeal, the applicant had been irrevocably acquitted for causing by negligence the victim’s death. The family of the deceased lodged a civil action claiming damages for the girl’s death. The three-member civil Court of Appeal of Larisa by judgment no. 488/2014 of 31 October 2014 held that the negligent conduct of the applicant was causally linked to the death, upholding the finding of the first instance court that the applicant was civilly liable at 40% and that he had to pay EUR 30,570 in compensation to members of the victim’s family. The Court of Cassation by judgment no. 344/2016 of 9 May 2016 dismissed the applicant’s complaint that the civil court’s judgment entailed a violation of his presumption of innocence and upheld the impugned judgment.

The applicant complains under Article 6 § 2 of the Convention that the Larisa Court of Appeal by judgment no. 488/2014 and the Court of Cassation by judgment no. 344/2016 violated his right to be presumed innocent having regard to the fact that he had been acquitted of the criminal charges.

QUESTION TO THE PARTIES

Having regard to the fact that the applicant had been irrevocably acquitted in criminal proceedings, has there been a violation of Article 6 § 2 on account of judgment no. 488/2014 the Larisa Court of Appeal and judgment no. 344/2016 the Court of Cassation?