lastly in their plea :
After deliberating about this case in accordance with the law ;
Considering that the facts declared established by the Court of Assizes against the
accused are provided and punished by articles 225 subparagraph 4 and 18 of the Penal
Code;
MINDFUL of the said articles, together, articles 346, 363, 631 of the Criminal
Procedure Code, 728 of the Civil, Commercial and Social Procedure Code
(CPCCS), which read as follows :
ARTICLE 225 OF THE PENAL CODE
Any act of a sexual character against morals performed intentionally and directly
on a person shall be considered indecency,
ARTICLE 18 OF THE PENAL CODE : If the court finds that mitigating circumstances exist for an
offender,
it will rule as follows:
1°) If he/she faces the death penalty, life imprisonment or imprisonment of between five
to twenty years;
2°) If he/she faces life imprisonment, imprisonment of between five
to twenty years, or imprisonment of between two to fives years;
3°) If he/she faces imprisonment of between five to twenty years, imprisonment between one to
five years;
In the cases provided for in the three previous paragraphs , the residency prohibition
may be ordered;
4°) If the offender faces imprisonment, the court, when declaring the existence of mitigating
circumstances,
even in an instance of repeat offence, may reduce
this sentence below on/.c days and the fine to 18,000 francs
or to a lesser sum :
5°) If he/she faces both imprisonment and a fine, the court may separately
hand down either one of these penalties ;
If he faces a fine, this may be reduced to penalties for simple offences.
for simple offences.
The court may not, in any case, extend the benefits of mitigating circumstances to
the perpetrator of a felony or misdemeanour committed when drunk.
The attribution of mitigating circumstances may not, in any case, alter the nature of the offence
alter the nature of the offence.
ARTICLE 346 OF THE CPP : The decision of guilt shall be taken based on a
simple majority. However, as concerns mitigating circumstances, any decision, which does not favour
an accused facing the death penalty, shall be taken based on a majority
of at least five votes;
ARTICLE 363 OF THE CPP : An accused person found guilty shall be ordered to pay costs
to the party claiming damages.
ARTICLE 631 OF THE CPP : Sentences passed by criminal courts shall be enforced in
compliance with existing provisions
ARTICLE 728 OF THE CPCCS : Imprisonment for non-payment shall be enforced in the
following manner :
-
2 to 10 days for a debt of between 100,000 to 500,000 F.
11 to 20 days for a debt of between 1,000,000 F.
-21 to 90 days for a debt higher than 1,000,000 F