Whereas S.O and U. F have been found guilty of
pimping; that with regards to the fact they are
first-time offenders, it would be proper to
implement the benevolent article mentioned
above and sentence them to a suspended
sentence of 18 (eighteen) months and a CFA F
1,500,000 (one million five hundred thousand)
each;
B- CIVIL ACTION
1. AS TO FORM
Whereas subsection 1 of article 203 of the
Criminal Procedure Code states that “Civil claim
for damages due to a crime, an offence, or a
misdemeanour shall be awarded to those who
suffered direct physical damages from the
offence”; that as it is, C. R suffered damages
from S.O’s pimping; that she has the right to sue
him for damages; Whereas besides, article
321-43 of the Criminal Procedure Code provides
that “in court, under pain of being inadmissible,
the claim for damages parallel to prosecution
should be done before the submissions of the
Legal Department”; as it is, C.R made her claim
for damages parallel to prosecution, and as such
it would be proper to declare her claim
admissible;
2. ON THE MERITS
Whereas article 1382 of the Civil Code provides
that whatsoever action by a man which causes
damages to another binds the former who
caused the damage to make reparations; that by
the terms of this article, the punishable civil
liability of the author is established once there is
causality between the offences he committed
and damage unto others;
Whereas as it is C.R requests that the court
orders S.O to pay her CFA F 1,100,000 (one
million one hundred thousand) for damages;
that in the defence of her claim, she argues that
this stood as the sum
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