2°) Sentence
Whereas S.B is found guilty of aggravated assault;
Whereas according to the provisions of the
aforementioned article, anyone guilty of such acts shall be
punished with a sentence of 7 (seven) to 10 (ten) years and
a fine of CFA F 300,000 (three hundred thousand) to CFA
F 5000,000 (five million);
Whereas, in the case at hand, it appears from the documents
in the case file that the accused S.B has never been
previously convicted; whereas, moreover, he feels deep
remorse for having involuntarily and brutally taken the life
of his niece with whom he had no conflictual relationship;
that, however, it should be noted that it has constantly
emerged from the proceedings, corroborated by the
accused’s confessions in court that the latter had already
on several occasions illustrated acts of violence against
persons, without any judicial follow-up; that it is undoubtedly
his impunity that has encouraged him to persist in his
violence; that in order to put him out of action and dissuade
him from repeating such an act, it is appropriate to sentence
him to 60 (sixty) months of actual prison term and a fine of
CFA F 300,000 (three hundred thousand).
3°) Seals
Whereas Article 213-1 of Law No. 025-2018 of May 31,
2018, on the Penal Code provides for the confiscation of
objects that have been used to commit the crime or that were
intended to commit it;
In this case, incriminating evidence, consisting of a stick,
was discovered and taken to the Registry of this court
under the number 026/2019 of 1/07/19; and it was mentioned
both in the documents in the file and in the arguments during
the hearing that this object was used to commit the crime and
needed to be confiscated.
4) Civil action
Whereas according to articles 230-1, 321-43 of the
Criminal Procedure Code, the civil action for
compensation for the damage caused by a crime belongs to
all those who personally suffered the damage directly caused
by the crime; whereas the compensation can be requested
at the criminal proceeding before the Legal Department
presents its’ submissions. Whereas, in the case at hand,
SALGO Pousraogo Idrissa is the victim of the aggravated
assault of which the accused was found guilty; whereas,
however, appearing at the hearing, he declared before the
submissions of the Legal Department not to file a civil suit;
whereas it is therefore appropriate to give
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