Whereas pursuant to article 321-99 of the
Criminal Procedure Code, the court may order by
its own motion or at the request of the Accused,
plaintiff or civilly liable persons, the restitution of
sealed exhibits in court; that in the case at hand the
sachet containing 3 (three) pants, 1 (one) brassiere
and pieces of hair sealed, were used to intimidate
the victims and force them into prostitution and
were not destined to commit the offence; that it is
their personal belonging; that it would therefore be
proper to return them to their rightful owners;
B- CIVIL ACTION
Whereas pursuant to article 231(1) of the
Criminal Procedure Code, “the claim for damages
as a result of a crime, an offence, or a
misdemeanour can only be filed by those who
personally suffered the damages caused directly by
the offence”;
Whereas O. B, D.S, S. P and K. O,
victims in this case, decided not to claim
damages parallel to prosecution during court
session; that it would be proper to endorse their
decision;
C- COSTS
Whereas article 321-94 of the Criminal
Procedure Code provides that every judgement
delivered against an accused also orders the costs
against the said accused; that in the case at hand,
O.I having been found guilty of
committing the offence thereto, it would be proper
to also order the costs against her;
UPON THESE GROUNDS,
Delivering judgement after full trial in first
resort on a criminal matter;
Finds O. I guilty as charged;
In repression, sentences her to a
prison term of 5 (five) years with 3
(three) years actual imprisonment
and 2 (two) years suspended
sentence and an actual fine of CFA
F 1,000,000 (one million);
Orders the seizure of the 4 (four)
packs of condoms and gel to be
destroyed;
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