COURT OF APPEAL OF
BURKINA FASO
OUAGADOUGOU
**********
Unity- Progress- Justice
Judgement No.: 012/2017
Legal Department No.: 008/2017
CASE:
Legal Department
Vs.
THE HIGH COURT OF KONGOUSSI
--------------------HEARING OF FEBRUARY 1, 2017, ON CRIMINAL MATTERS
At the public hearing of the High Court, holding in Kongoussi (Burkina
Faso) on the 1/02/2017 (of February two thousand and seventeen), on
criminal matters by:
Mr Saïdou COMPAORE, Judge, acting as President;
B. E
TYPE OF OFFENCE
Intimidation
Decision:
See verdict
PANEL:
COMPAORE, President
NAKOULMA, L.D.
OUEDRAOGO, Court Registrar
PRESIDENT
Ténin Marie NAKOULMA, Deputy State Counsel of Faso,
representing the Legal Department;
LEGAL DEPARTMENT
Assisted by Barrister Rassamya Roger
OUEDRAOGO, Court Registrar-in-Chief;
COURT REGISTRAR
Delivered the following ruling in a suit:
BETWEEN
The State Counsel of Faso petitioner in a flagrante delicto proceeding;
ON THE ONE HAND;
AND
B. E, born in 1975 in Bain by BOUGMA Hervé and SAWADOGO
Marie Madeleine, Burkinabe, farmer, living in Bani, single and
father of 2 (two) children, who declares to have never been convicted,
given an award or recruited;
Accused of:
“having intimidated O. K. V in Bam, on 16
December 2016, less than 3 (three) years ago, with a criminal offence,
in the case at hand, by killing her if she did not stop
providing
contraceptives
to
his
concubine: Acts provided for and
punished by article 348 of the penal code
ON THE OTHER HAND;
When questioned during the 1 February 2017 hearing, in
accordance with the provisions of Article 396 of the Code of Criminal
Procedure, the accused declared that he wants to be tried
immediately
During the appeal, the State Counsel of Faso stated that he had brought
the above-mentioned accused before the Court to defend himself on
account of the above-mentioned prejudice;
Then, the Court Registrar read out the documents in the case file and the
accused was questioned;
The submissions of the Legal Department were heard;
The accused made his arguments to defend himself;
He received the floor in last position;
The Court Registrar took note of the statements and responses of the
accused:
At the end of proceedings, the Court ruled as follows:
1