The case was entered on the cause list of February 15,
2018; on that date, it was postponed until February 22, 2018,
for the production of the social investigation report and for
the appearance of all parties; on that date, the file was
retained; the accused again acknowledged the acts and asked
for clemency from the court; describing the circumstances, he
stated that after having had sexual relations with D.R in a
hostel room, he acted as if he was making a phone call and
photographed the victim while she was sitting naked on the
bed; he admitted his unethical action and stated that he had
asked the victim and her parents for forgiveness on several
occasions;
D.O, the victim's father appearing at the hearing stated that he
will not file an application for civil damages;
The Legal Department, after having summarized the acts,
requested against Z.M. a 12 (twelve) months’ suspended
prison term and the confiscation of the sealed evidence
consisting of a phone;
The Juvenile Judge issued his decision as thus;
PROCEDURE
A-PROSECUTION
1- Guilt of Z.M
Whereas according to article 371-2 of the Penal Code,
"is punishable by 2 (two) months to 1 (one) year prison term
and a fine of CFAF 50,000 to 1,000,000 or of one of these
two penalties only, whoever will have voluntarily violated the
intimacy of the private life of others by fixing or transmitting,
by means of an unspecified apparatus, the image of a person
being in a private place without the consent of this one"; That
the offence to be constituted supposes the taking or the
publication of the image of a person being in a private place,
the absence of consent of the victim and a guilty intention;
Whereas in this case, it appears both from the documents
in the case file and from the investigation at the hearing that
Z.M. took a photograph of D.R using his cell phone.by
trickery; that the accused himself states that in order to obtain
this photograph, he pretended to make a phone call; that it is
necessary to note the lack of consent of the victim; that this
photograph was taken while the victim was in a room which
is a private place; that the accused knowingly took the
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