B- CIVILE ACTION Whereas pursuant to Article 321-40 of the Criminal Procedure Code, any person who claims to be a victim of a criminal offence may seek compensation before the criminal courts seized of the public action; Whereas D.L by the voice of her counsel has declared to file a civil claim for damages and seeks the sentencing of P.S.M to pay her a nominal sum representing the moral prejudice suffered as a result of the offence of sexual harassment of which she was a victim; Whereas, however, P.S.M has been acquitted of this charge; that therefore DJINFLKAMA Lucie’s civil claim for damages should be declared inadmissible; C- EXPENSES INCURRED EXCLUDING PROCEEDINGS COSTS Whereas PORGHO Saïdou Mahamadou, through his Counsel solicits the condemnation of D.L to pay him the sum of CFAF 300,000 (three hundred thousand) for expenses incurred excluding costs; that as a counter-claim, D.L also demands the sum of CFAF 600,000 (six hundred thousand) as expenses incurred excluding proceedings costs; Whereas pursuant to Article 7 paragraph 3 of Law n°01 f> 2019/AN of 2 May 2019 relating to judicial organization in Burkina Faso: "At all instances, the Judge, on explicit and reasoned request, may condemn the party held to pay the costs or, where necessary, the losing party to pay to the other party the sum he/she determines as expenses incurred excluding costs; that paragraph 5 adds: "He shall take into account the equity and the economic situation of the condemned party. He may, for reasons derived from the same circumstances, declare that there is no reason for such a condemnation"; Whereas in the case at hand, it is clear that P.S.M and D.L both used the services of a lawyer to defend their interests; that they have therefore both incurred expenses; that it is therefore fair that each of them bears the costs he/she has incurred; that it is therefore appropriate to reject each of their request for expenses incurred excluding proceedings costs; D- COSTS Whereas according to the provisions of Article 321-95 of the Criminal Procedure Code, in case of acquittal, the accused cannot be condemned to pay the proceedings costs; whereas in the case at hand, P.S.M having been acquitted, it is appropriate to charge the proceedings costs to the Public Treasury; 7 Scanned with CamScanner