however, it should be emphasized to his advantage that he is
a minor and he is a first-time offender;
Whereas, consequently, he should be condemned to an
actual prison term of 30 (thirty) months and a suspended fine
of CFAF 600,000 (six hundred thousand);
B / Civil claims
Whereas the victim O.R. and her legal representative did
not appear at the misdemeanour hearing; whereas civil claims
should be reserved;
C/ Seals
Whereas according to article 214-23 of the Penal Code,
"confiscation is mandatory for objects deemed to be
dangerous or harmful by law or regulation, or whose
possession is illegal, whether or not such property is the
property of the convicted person.” In view of the prejudicial
nature to the victim of the images contained in the accused's
telephone and in view of the dangerous nature of the dagger
seized, it is necessary to order the confiscation of these seals
prior to their destruction";
C-COSTS
Whereas under article 473 of the Code of Criminal
Procedure, the accused person found guilty is also ordered to
pay the costs; Whereas, in this case, O.I. has been found
guilty of the acts alleged against him; Whereas, consequently,
he 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;
Reclassifies the acts of rape alleged against O.I. as an
accomplice to rape and declares him guilty;
In repression, sentences him to 30 (thirty) months
actual prison term and a suspended fine of CFAF
600,000 (six hundred thousand);
Reserves civil claims;
Orders the confiscation of sealed evidence No. 01 and
No. 02 containing a dagger and a cell phone prior to
their destruction;
6
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