During the appeal, the State Counsel of Faso stated that he had
summoned the above-mentioned accused before the Court to defend
himself on the grounds of the above-mentioned prejudice;
The documents in the case file were read out;
On this basis, the accused was questioned;
The Court Registrar recorded the responses of the accused;
The Legal department summarized the case and requested the
application of the law against the accused;
Speaking last, the accused made his arguments to defend himself;
Then the Judge after having deliberated in accordance with the law
ruled as follows:
THE JUVENILE JUDGE;
Considering the documents in the file;
Having heard the answers of the accused;
Having heard the submissions of the Legal Department
Having heard to the arguments of the accused in his defence, who
spoke last;
I)
FACTS
On January 25, 2014, the local district police station of Koumbri was
informed of the death of a girl in Sata following beatings by her elder
brother. When questioned, the accused D.I. stated that he shouted at his
sister Aïssata to get her to bring him dinner; that, however, she panicked
and fell down, remaining inert; that he never hit his sister;
Upon completion of the investigation, the accused was summoned
before the State Counsel of Faso at the Ouahigouya High Court, who
referred the matter to the investigating judge for the opening of an
investigation on charges of fatal blows;
The investigation established that when Aïssata was scolded by the
accused, she dropped the meal and ran towards the kitchen door; that it
was at this moment that the accused stretched his leg along the kitchen
entrance and his sister bumped into it and fell on a stool; Also, the
mother of the accused and the victim claimed that the victim was ill;
upon completion of the investigation, the investigating judge reclassified
the acts of fatal blows as manslaughter and referred D.I. to the Juvenile
Judge for trial;
In chambers, the accused maintained most of his statements made
before the examining magistrate; as such, the judge after having
deliberated in accordance with the law, ruled as follows:
III)- PROSECUTION
1) Guilt
Whereas, according to article 353 of the Penal Code, whoever, through
clumsiness, carelessness, inattention, negligence or failure to observe
regulations, unintentionally commits homicide or is unintentionally the
cause of homicide, is guilty of manslaughter; That the offence of