photograph and then published it in two WhatsApp groups;
that his guilty intention is therefore established;
That it is appropriate to conclude that the acts of violation
of privacy are established;
2- Sentence
Whereas Article 371-2 of the Penal Code punishes with 2
(two) months to 1 (one) year prison term and a fine of CFAF
50,000 to 1,000,000, or with one of these two penalties only,
any person guilty of violating privacy;
Whereas in this case, Z.M. acted with discernment;
Whereas, however, it should be noted that the accused is a
first-time offender; Whereas, in addition, he has
acknowledged his wrong and has repeatedly asked
forgiveness to the victim and the parents of the victim and
finally sought the clemency of the court;
That as a consequence of the above, he should be
sentenced to 1 (one) month prison term;
B- SEALS
Whereas pursuant to article 373 paragraph 3 of the Penal
Code, "the court may order the confiscation of the equipment
used to commit the offence, any recording or document
obtained by means of one of the acts provided for in article
371 above"; whereas the cell phone of the accused, which is
the object of sealed evidence No. 01/2018, having been used
to commit offences against the privacy of the victim, should
be confiscated.
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 the case at hand, Z.M has been
found guilty of the acts alleged against him; Whereas,
consequently, he should be ordered to pay the costs;
4