4. Warrant of committal
Whereas under the terms of article 465 of the Code of
Criminal Procedure, the court may, in the case of a common
law offence and if the sentence handed down is at least 6
(six) months imprisonment, issue a committal or arrest
warrant;
Whereas, in the case at hand, D.A was sentenced to an actual
prison term of 5 (five) years; Whereas a warrant of
committal should be issued against him;
B- CIVIL ACTION
Whereas pursuant to Article 2 of the Code
Procedure, any person who claims to be a
criminal offence may claim compensation for
damage directly before the criminal courts
prosecution;
of Criminal
victim of a
the resulting
hearing the
Whereas at today's hearing, S.D was represented by S.S, T.R
and S.S who declared to be a civil party; Whereas, as shown
above, S.D was the only victim of the crime of rape
committed by D.A; Whereas, as a result, she is the only
person who can claim compensation for damages suffered
by her to the exclusion of any other person;
But whereas the victim SD is a minor girl of 18 (eighteen)
years of age and therefore can only validly make a claim for
compensation for damages caused by the said crime through
a legal representative; That in the case at hand S.S, which
claims to represent the victim, did not produce any special
warrant in the file authorizing him to act in the name and on
behalf of the victim's father and mother;
That, moreover, T.R and S.S have each made a claim at the
bar, each in his or her own right, for compensation for the
prejudice suffered and caused by the crime; That the
accused's counsel has requested the dismissal of this claim
for damages, since it does not meet the condition set out in
the above-mentioned article, insofar as they did not
personally suffer the prejudice directly caused by the crime;
That, therefore, this request should be granted by declaring
their civil action inadmissible;
5. Costs
Whereas under the terms of article 473 of the Code of
Criminal Procedure, the accused against whom there is a
judgement of conviction, is also ordered to pay the costs;
That, in the case at hand, D.A having been convicted of rape,
it is also appropriate to order him to pay the entire costs;
UPON THESE GROUNDS
Ruling in a public hearing following full trial on criminal
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