Whereas the public prosecutor sustained that the accused
is guilty of the offences and applied for 6 years of
imprisonment for the suspects;
Considering that the accused claimed to be acquitted on
basis of the benefit of the doubt if not to benefit from the
non-strict application of the criminal law;
Considering that from both the case file and the debates at
the hearing, there is no evidence to convict the suspect of
the facts he is accused of; that it is appropriate to acquit
him;
That however the evidence to convict him of pedophilia is
sufficiently established; that it is appropriate to declare him
guilty of pedophilia and sentence him to 2 years and 3
months of imprisonment;
ON CIVIL DAMAGES
Whereas …. acting on behalf of her … known as …
appeared and asked through his counsel to institute civil
action and to be granted a nominal franc as reparation;
Considering that the civil action was duly instituted since it
intervened before the public prosecutor made his
submissions; that it is appropriate to declare it admissible;
Considering that the amount claimed is fair and justified;
that it is appropriate to take it into account and grant him a
nominal franc as reparation;
Considering that it is appropriate to order provisional
execution of the sentence; set the enforcement by
committal to maximum and order the accused to pay
costs;
FOR THESE REASONS
Ruling publicly in the presence of parties in correctional
matters and at first instance;
orders the acquittal of …for the accusations of rape;
Declares the accused guilty of pedophilia;
Sentences him to 2 years and 3 months of
imprisonment;
Declares admissible the civil action by … on behalf of
his daughter…;
Grants him the nominal franc as reparations;
Sentences the offender to pay the nominal franc;
Orders provisional execution of the judgment;
Sets the enforcement committal to the maximum;
Orders the offender to pay the costs;
Thus done, tried and pronounced publicly on the day, month
and year above and have signed President and registrar.
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