PROCEDURE
1- PROSECUTION
CONSTITUTING
THE
OFFENCE
CHARGED
AGAINST
SAWADOGO JULIENNE
Whereas S.J is accused of having inflicted blows or injuries on
K1NDA Armel and the resulting ITT lasted 4 (four) days; Acts
provided for and punished by Articles 2-4 and 8-8 of Decree No.
97-84/PRES/PM/MJ of February 28, 1997, defining and
punishing minor offences;
Whereas, pursuant to article 8-8 of the aforementioned decree,
the charges alleged against S.J to be constituted require the
combination of a material act of blows to a human victim, a
guilty intention and an ITT of less than 7 (seven) days;
Whereas, in the case at hand, the accused acknowledges
having struck the victim on the head; whereas the material act
of striking a human victim is established; whereas she acted in
this way as a sign of correction to be inflicted on the victim;
whereas her intention to strike is also established; whereas the
medical certificate drawn up in the name of K.A and placed in
the file shows a 4 (four)-day ITT; whereas it is established that
the ITT resulting from the blows to the victim is less than 7
(seven) days;
Whereas of the foregoing it is appropriate to find the accused
guilty of the charges against her;
SENTENCE
Whereas pursuant to articles 8 and 2-4 of the aforementioned
decree, the acts alleged against S.J are punishable by a fine of
CFAF 15,001-50,000; Whereas in the case at hand, it is
common ground that the blows inflicted on the victim by the
accused were intended to correct the victim's attitude towards
an elder; that such behaviour by the victim cannot be accepted
in view of the reverence that all children must pay to their
elders; that, in addition, the accused took charge of the victim's
medical care; that she thus accepted responsibility for her
actions; that such attitude from the accused is evidence of her
amendment;
That it is appropriate to condemn her to a suspended fine of
CFAF fifty (50,000);
II-CIVIL ACTION
Whereas pursuant to Article 2 of the Code of Criminal Procedure, any
person claiming to be the victim of a criminal offence may seek
compensation before the criminal courts hearing the criminal
proceeding by filing a civil action;
That this filing of a civil action must in all cases be made prior to the
submissions of the prosecution on the merits in accordance with the
provisions of Articles 419 and 421 of the Code;
Whereas at today's hearing, K.W.A declared that she is a civil party;
Whereas as civil party, she claimed from the accused the
reimbursement of sums incurred for the medical expenses of her child
KINDA Armel; whereas these expenses amounted to CFAF 64,290
(sixty-four thousand two hundred and ninety), and break down as
follows:
-Costs of medical prescriptions;