knowledge that OUEDRAOGA
Marie Madeleine, O.K and S.S declared to the Kongoussi territorial
gendarmerie brigade as witnesses to the deliberate assault and battery of
KINDA Armel that they were the perpetrators of these crimes; that they had
acted in such a way that S. J would either encounter them or leave the
neighbourhood because of her excessive behaviour;
Whereas, however, to defend themselves at the bar of the Court, they
attributed the commission of these misdeeds to the children who were part
of the group of women involved in holding the aforementioned woman
accountable; that they also declared that they were responsible for the
destruction of property belonging to S. J to cover up the said children; that
these means of defence can in no case prosper, because they were the
instigators of this mood movement in the course of which the property of
the plaintiff was destroyed, therefore they must assume full and entire
responsibility for any kind of drift in this case the acts for which they are
accused; that also, it is contradictory to recognize themselves as the
author of the acts of the children to cover them and wanting to reject the
responsibility for these same acts; Whereas from all of the above, it is
appropriate to conclude that all the elements constituting the offence of
destruction of property to the prejudice of S. J are present, and to declare
them guilty;
B- SENTENCE
Whereas the acts of wilful destruction of property belonging to another
person as defined in the above-mentioned Article 622-1 are punishable by 3
(three) months to 2 (two) years' prison term and a fine of CFA 250,000 to
1,000,000;
Whereas pursuant to article 211-1, paragraphs 1 and 3 of the penal code,
when the accused is found guilty of the acts alleged against him, the judge
before whom the case is brought has the option of pronouncing either an
actual or suspended or mixed sentence; that the suspension is not applicable
to prison sentences exceeding 5 (five) years; That article 216-1, paragraph 1
of the same code stipulates that: "Within the legal limits set by law, the
court pronounces sentences and sets their regime according to the
circumstances of the offence and the personality of the perpetrator’;
Whereas in this case, the three accused are first-time offenders; whereas,
moreover, they are also mothers; whereas all these circumstances militate in
their favour for an indulgence in the determination of the sanction; Whereas
from all of the above, it is appropriate to sentence them to 12 (twelve)
months' suspended imprisonment and a fine of CFAF two hundred and fifty
thousand (250,000);
II- CIVIL ACTION
A- AS TO FORM
Whereas it follows from Article 2 of the Code of Criminal Procedure that
a civil action for compensation for a crime or misdemeanour or for a
contravention belongs to any person who has personally suffered the
damage directly caused by the offence; whereas Article 3 of the same
Code provides that: "A civil action may be filed together with a
prosecution and before the same court. It shall be admissible on any