noise which prevented him from observing his fasting. Upon completion of the investigation, the reports and the various documents were sent to the State Counsel of Faso, who, in light of the evidence against him, initiated proceedings against S.B for aggravated assault, on the basis of article 512-21 of the Penal Code; Throughout the flagrante delicto investigation and during the hearing, S.B maintained the statements he made since the preliminary investigation. The Legal Department, after summarizing the facts, demanded that the accused be sentenced to 5 (five) years of actual prison term with fine of CFAF 300,000 (three hundred thousand) ; The accused apologized and pleaded with the court to grant clemency. II- PROCEDURE 1°) Guilt of the accused Whereas S.B is prosecuted for aggravated assault; Whereas under article 512-21 paragraph 2, if the blows or injuries administered deliberately resulted in death that was not premeditated, the author shall get a prison term of 7 (seven) to 10 (ten) years and a fine of CFAF 300,000 (three hundred thousand) to CFA F 5,000,000 (five million); Whereas the aggravated assault to be established presupposes a cumulative combination of intentional violence, the death of the victim, a causal link between the intentional violence committed and the death of the victim, and guilty intent; Whereas wilful acts of violence mean any shock or blow that the torturer inflicts on his victim regardless of their severity; Whereas, in this case, the accused admits having voluntarily administered a blow with a stick on the neck of the victim; whereas, following this blow, the victim collapsed and was transported to the hospital where she died, as proven by the medical certificate which establishes the link between the death of the victim and the beatings she received from the accused; Whereas it emerged from the proceedings at the hearing that the accused had no intention of causing the death of the victim; whereas, however, the death of the victim had followed; whereas the proceedings at the hearing established the guilty intention of the accused, an intention which was characterized by the accused’s perfect knowledge of the reprehensible nature of his act; Whereas on the basis of the foregoing, it should be found that all the elements constituting the crime of aggravated assault provide sufficient evident against the accused S.B; he should be found guilty and convicted; 3 Scanned with CamScanner