perpetrator;
Whereas in this case it is common knowledge that there was an
act of sexual penetration by A.B. on B.K. on July 15, 2017;
whereas the accused does not contest this and the victim claims to
have been sexually penetrated by him; whereas the element of an
act of sexual penetration is thus established; whereas to carry out
the sexual act, the accused claims that one of his companions
grabbed the victim's chest; that under these conditions, it must be
said that the victim did not consent; on the contrary, she suffered
an act of violence; T.A acknowledges that he knew that the victim
did not consent; that his guilty intention is therefore established;
That T.A should be found guilty of rape and be convicted;
4-On the charges of rape brought against S.H
Whereas according to the aforementioned article, the offence
of rape, in order to be constituted, presupposes an act of sexual
penetration, the absence of consent of the victim and the guilty
intention of the perpetrator;
Whereas in this case there was an act of sexual penetration by
S.H. on the person of B.K. on July 15, 2017; the accused does not
contest this and the victim claims to have suffered an act of sexual
penetration on his part; the element of an act of sexual penetration
is thus established; whereas to carry out the sexual act, the accused
says that D.S. grabbed the victim's chest; that it appears that the
victim did not consent; that, on the contrary, she suffered an act of
violence; that S.H. acknowledges that he knew that the victim did
not consent; that his guilty intention is therefore established;
That S.H should be found guilty of rape and be convicted;
3- Sentence
Whereas according to article 78 paragraph 4 of the law of May
13, 2014, on the protection of children in conflict with the law or
those in danger, "the measures and sanctions provided for in article
77 above may be pronounced, depending on the case, with regard
to a minor child who is the perpetrator of a crime. That according
to this article 77, “The child in respect of whom the prejudice of a
contravention or an offence is established shall be subject to one or
more of the following measures or sanctions, by reasoned decision
of the juvenile judge or the juvenile court:
- admonition;
-reprimand;
- community service;
Whereas it emerges from the various social investigation
reports that the accused do not show signs of delinquency; that the
group phenomenon undoubtedly contributed to committing the
offending acts; that, in addition, the four accused are first-time
offenders and are students; that for the latter reason, the victim
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