The Prosecutor’s Office of Thessaloniki appealed against the decision, which sentenced two men to 4 and 3 years in prison, respectively, for the revenge porn case involving a well-known influencer.
The appeal concerns both the level of the sentences, considering that higher sentences should have been imposed, and the recognition of mitigating circumstances for the lower sentenced defendant.
A similar request was previously filed by the influencer’s side that was eventually granted by the relevant prosecuting authority. The court’s decision had been appealed by both convicts to be tried in the second instance.
Under these circumstances, when the case is reviewed by the appellate court, it will start from “scratch” and practically no “no worse for wear” principle will apply to the defendants.
It is recalled that on April 1, the Thessaloniki Court of Appeal for Criminal Offences had found the two defendants guilty of leaking – publishing videos of sexual content without the consent of the complaining influencer. By a majority, the Court ruled that the act attributed against them was committed in the degree of a felony (the dissenting member of the composition was of the opinion that the act was committed in its misdemeanor form).
The defendant who met with the victim was given a sentence of 4 years in prison – without mitigating circumstances – and his sentence was not suspended or commuted, but was given a stay of execution in view of the Court of Appeal. His co-defendant, who, according to the case file, videotaped the sexual act, was given a 3-year jail term, with a mitigating factor of prior lawful life, and his sentence was suspended for 3 years.
The multi-day evidentiary hearing was held behind closed doors. The position of the two defendants was that they neither “shot” the video in question (which was reviewed and shown during the trial) nor did they distribute it.
