period; that on the other hand, the investigation having been completed, his detention is no longer necessary for the manifestation of the truth, and that, moreover, article 175 paragraph 2 of the code of criminal procedure was violated in that more than six months have elapsed between the date of the referral order and that of the appearance of the accused before the Criminal Court; Whereas the request for provisional release having been rejected by the Court, the accused, heard at the bar, continued to admit the facts of rape; That he declared that he had indeed committed acts of sexual penetration on the person of KAMATE NABARAKISSA against her will, but that contrary to her allegations, he did not use violence against her, and she did not cry nor defend herself; Whereas KAMATE NABARAKISSA, the victim, contested this version and supported the idea that the accused squeezed her neck and thrown her to the ground, undressed and raped her. Whereas the Public Prosecutor's Office would request for its part the court to declare the accused guilty of the acts he is charged of, and sentences him to twenty (20) years of imprisonment as well as to the costs; That Attorney COUUBALY N'GOLO DAOUDA, the lawyer for the accused, supported the granting of broad attenuating circumstances to his client; That after the verdict on public action, Ms. KAMATE NABARAKISSA, who persisted in her civil party action, claimed the sum of five million francs (5,000,000 F / CFA) as damages; II REASONS A- IN THE FORM 1. On the nature of the decision Whereas the accused KONATE YACOUBA has appeared; That it befits to rule, after trial, with regard to him; 2- On the request for provisional release Whereas this request was formulated in accordance with the law; That it should be declared admissible; But considering on the one hand that it emerges from the provisions of article 247 of the code of penal procedure, that the judgement referring an accused to the Criminal Court purges the procedure of any defect and no nullity can be raised before the court of judgment; Whereas on the other hand that the present request for provisional release formulated by the accused present at the bar, on the basis of Article 175 of the Code of Criminal Procedure, on the ground of non-compliance with the time-limit for appearance, is