withdrew her complaint; that a lack of parental control
undoubtedly contributed to committing the acts; Finally, the
accused have at all levels of the procedure, recognized the facts
and at the hearing, requested the clemency of the court; That by
allowing the accused to continue their schooling, the path of their
social reintegration will be facilitated; That for the benefit of all
these observations, it is appropriate to condemn them to a sentence
of community service of 150 hours (one hundred and fifty hours)
which will be executed at the Provincial Directorate of Women,
Family and National Solidarity of Houet from August 14 to
September 22, 2017;
B- CIVIL ACTION
Whereas according to article 418 of the Code of Criminal
Procedure, "Any person who, in accordance with article 2, claims
to have been injured by a crime may, if he has not already acted,
file a civil lawsuit, either before the hearing or at the hearing
itself(...).
The civil party may, in support of his or her action, claim damages
corresponding to the prejudice caused to him or her;
Whereas, in this case, B.S, appearing at hearing, filed a civil
claim for the benefit of the minor victim and claimed against the
accused the payment of the sum of CFAF 105,000 (one hundred
and five thousand) representing the costs of examinations and
prescriptions;
That the application for civil damages is admissible;
That it is appropriate to say that the victim, after the acts, has
paid for examinations and orders; That this is not contested by the
accused who have made no objection to the amount of money
claimed; That it is appropriate to grant the request of B.S. and
condemn jointly and severally the accused to pay her the sum of
CFAF 105,000 (one hundred and five thousand) as damages;
C-COSTS
Whereas under article 473 of the Code of Criminal Procedure,
the accused found guilty is also ordered to pay the costs; Whereas,
in this case, all four accused have been found guilty of the acts
alleged against them; Whereas, consequently, they should be
ordered to pay the costs;
UPON THESE GROUNDS
The Juvenile Judge, ruling in chambers following full trial of a
criminal matter in first resort;
Declares all accused guilty of the acts of rape alleged
against them;
In repression, sentences them to 150 (one hundred and
fifty) hours of community service, which will be executed
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