already laid hands on OUEDRAOGO Kiswendsida Veronique for the
same reasons;
At the bar, he declared that he did not recognise the facts; That
if O. K. V and him came to blows it is precisely because she was
providing contraceptives to his wife; BOUGMA Théophile as
well as BOUGMA Emmanuel remained constant in their
statements; The first one specified that the accused even killed his
ducks and cats, and was waiting for him to react to harm his physical
integrity;
O.K. V declared herself a civil plaintiff and that the accused be
condemned to pay her the sum of CFAF 23,650 (twenty-three
thousand six hundred and fifty) as damages; That, this sum
represents the costs relating to her medical care following the blows
administered to her by B. E;
The Legal Department requested that the accused be kept within the
scope of this prejudice and that he be sentenced to 24 (twenty-four)
months prison term and a fine of CFAF 600 000 (six hundred thousand);
The accused pleaded for the clemency of the court;
II- PROCEDURE
A- Prosecution
I-Constituting the offence
Whereas under Article 348 of the Penal Code, anyone who conditionally
threatens to harm another, is said guilty of an offence and is punishable
by law with a criminal penalty;
Whereas in the case at hand, it is clear that the accused B. E has
first, by words, uttered death threats to O. K. V; That he then
reminded his uncle BOUGMA Théophile, that he would put his threats
into effect; That this constancy is established despite the denials of the
accused; That persisting in his criminal initiative, the accused B. E
even went to repeat his threats in front of the parents of his target;
That, in addition, the planned offence, undoubtedly murder, is
punishable by a criminal sentence;
Whereas the accused was aware of the seriousness of the acts he was
about to commit; whereas he was therefore driven by a guilty mind; That
from all the above, it follows that the offence of conditional threats is
constituted against the accused B. E; That it is appropriate to
declare him guilty and sentencing against him;
2- Sentence
Under Article 348 of the Penal Code, the offence of conditional threats
is punishable by imprisonment for two to five years and a fine of
between CFAF 600,000 and 1,500,000;
Whereas in the case at hand, notwithstanding the fact that the accused
B. E is a first-time an offender, the acts committed by him are
singularized by their extreme seriousness; whereas his attitude before
the court shows that he does not realize that his action is highly
reprehensible, hence the risk of repetition of similar acts;
Thus, to combine the educational and dissuasive virtues of the penalty
of deprivation of liberty, B. E should be sentenced to 24 (twenty-four)
months imprisonment and to an actual fine of CFAF
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