ground of damage, whether material, moral or bodily, arising out of the acts which are the subject of the proceedings...". Whereas in this case, S. J seized the court by a bailiff's act, to have the accused persons condemned, for the acts of destruction of property committed by them to her prejudice; that she was a plaintiff and as such she formulated civil claims amounting to CFAF eight hundred and twenty-three thousand five hundred and eighty (823,580); that civil action being a subsidiary to prosecution, the latter should only flourish if the acts being prosecuted constitute a criminal offence; that it is appropriate to declare SAWADOGO Julienne's civil action admissible as a civil party in the form in which it was filed. B- ON THE MERITS  Material Damage Whereas S. J claims from the accused compensation for material damages amounting to CFAF seventy-three thousand five hundred and eighty (73,580), resulting from the market value of the property destroyed; that it is appropriate to grant her claim;  Financial Damage Whereas S. J claims for financial damage the sum of CFAF seven hundred and fifty thousand (750,000) representing the loss of profit directly linked to the commission of the acts of which O. M. M, OUEDRAOGO Kalizeta and SYAN Suzanne are accused; that she states that the damaged goods were intended for her fish business; that since the commission of the acts by the above-mentioned persons, she has been prevented from carrying out the said activity; that at the time she made a net profit per day of between CFAF 15,000 and 20,000; that from the commission of the acts to the sentencing of the accused, she has been prevented from carrying out her activity for sixty-six (66) days; that she estimates this loss of earnings at CFAF 750,000; Whereas, however, if the financial damage is established, it is appropriate in this case for reasons of equity to reduce the said amount to CFAF two hundred and twenty-five thousand (225,000; On the expenses incurred not included in the costs Whereas to protect her rights in these proceedings, S. J explains that she has engaged the services of a counsel whose fees amount to CFAF five hundred thousand (500,000); that she requests the Court to order the accused to pay the said sum in accordance with Article 6 paragraph 1 of Law No. 28-2004/AN of 8 September 2004 amending Law No. 94/ADP on the organization of the judiciary; Whereas, however, under paragraphs 3, 4 and 5 of the same article, agreements between the parties and their counsel are in no way binding on the judge, who may, on reasonable grounds, reduce the sums to be awarded by the losing party to another for expenses not included in the costs to a fair proportion; Whereas of all the foregoing, it is appropriate to reduce the sums incurred by the civil party for expenses not included in the costs to CFAF three hundred thousand (300,000); III- COSTS