THE COURT; Mindful of the documents presented; Having heard the arguments made by the accused; Having heard O. K. V in her explanations and constitution of civil party; Having heard the submissions of the Legal Department; Having received the floor in last position, the accused made his arguments to defend himself; I- FACTS On 12 August 2016, the Territorial Gendarmerie Brigade received O. K. V’s complaint against B. E, her husband's cousin, for assault and battery; The latter, invited to report to the said Brigade did not comply; A week later, on 19 August, it was the turn of BOUGMA Eric, the concubine of O. K. V, to file a complaint against B. E, this time for having made death threats against his concubine; He explained that B. E implied to BOUGMA Théophile, one of their paternal uncles that, he had not been able to take the life of O K. V because of the intervention of neighbours: That, this time around, nobody would stop him; that it was this uncle who reported the threats to him so that he could take the necessary measures; From the testimonies of BOUGMA Théophile, it appears that the accused uttered death threats to O. K V; that, unable to dissuade her, he informed BOUGMA Eric; and that, he believed that the accused was capable of carrying out his threats given that a few days earlier he seriously injured the woman in question; From the statements of SORE Issa, village councillor of Bam-village, four months ago, B. E attacked the wife of his brother, his baby and his little sister, causing serious injuries on the brother’s wife. This time, he reiterated his death threats against O. K. V in front of her in-laws and her paternal uncle; When apprehended and questioned, B. E acknowledged that he had inflicted blows causing injuries to O. K. V, after he had tried in vain to dissuade her from inciting his wife to use contraceptives; That, as regards the threats, he held them just on the day of their dispute; That he never repeated them either in front of his uncle or in front of anyone else; When referred to the Legal Department, the State Counsel of Faso of the said Court initiated proceedings following the flagrante delicto procedure against B. E for intimidation, in application of Article 348 of the Penal Code; When heard during the flagrante delicto investigation, B. E, while acknowledging the facts of the threats, explained that he had no intention of carrying out his threats; That his action was motivated by his desire to dissuade the complainant from giving advice on the adoption of contraceptive methods to his wife; That he had 2

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