THE COURT
Considering that following a summons from Mr. Resident Substitute of the
Prosecutor at the court section of Divo on December 17, 2019, the named........ was
summoned to appear before the Correctional Court for the facts of assault and
battery causing a temporal work incapacity (ITT) of 75 days in DIVO, on November
26, 2019;
That these facts are provided for and punished by articles 381-3 ° and 387 of the
penal code;
THEREFORE
ON THE PUBLIC ACTION
IN THE FORM
Considering that the accused appeared;
That it befits to rule after trial;
ON MERITS
Considering that Mr. ....... denies the facts of battery and willful assaults brought
against him;
That however, it emerges from the exhibits and the debates that it was at the end
of his altercation with his ex-wife.............. that the latter had a fractured leg and
multiple contusions as evidenced by the medical certificate produced;
That he should be found guilty of the charges against him;
ON CIVIL ACTION
Given that lady ........ filed a civil party action and requested the conviction of Mr
........ to pay her the sum of 3,000,000 CFA francs as damages;
Considering that her civil party action is admissible;
That, however, the amount claimed is excessive in its quantum;
That it is necessary to bring it back to the right proportions and condemn Mr. ......
to pay her the sum of 1,000,000 CFA francs as damages;
FOR THESE REASONS
Ruling publicly, after trial, in correctional matters and in first instance;
Declares the accused ...... guilty of the facts against him;