and a fine of CFAF 1,000,000 (one million);
II- PROCEDURE
A) Guilt of the accused
1°) Attempted pimping
Whereas P. F is being prosecuted for attempted
pimping;;
Whereas under the terms of Article 122-1 paragraph 1
of the Penal Code “the attempt consists in the undertaking
to commit a crime or offence, manifested by unequivocal
acts tending towards its execution, if these have been
suspended or have failed to have effect only by
circumstances beyond the control of their perpetrator”;
That according to the provisions of article 533-22
pimping is the act, by any person, in any manner whatsoever,
of aiding, assisting or protecting the prostitution of others;
of profiting from the prostitution of others, sharing the
proceeds or receiving subsidies from a person habitually
engaged in prostitution; and of hiring, training or diverting a
person with a view to prostitution or of exerting pressure on
that person to engage in prostitution or to continue to do so
; that according to the last paragraph of the said article,
pimping is punishable by a prison sentence of 3 (three) to
10 (ten) years and a fine of CFAF 1,000,000 (one million);
that in the light of the provisions of article 213-3 of the Penal
Code, pimping is an offence; that under article 122-2 of the
Penal Code, attempted offences are punishable only in the
cases provided for by law;
Whereas in the case at hand, there is no provision in
the Penal Code which punishes attempted pimping;
therefore, the accused must be acquitted of the offence of
attempted pimping;
2°) Complicity in human trafficking
Whereas pursuant to the provisions of paragraphs 2 and
3 of article 131-4 of the Penal Code, is an accomplice to an
action classified as a felony or misdemeanour, anyone who
knowingly prepared or facilitated the performance of the
action, aided or abetted the perpetrator or perpetrators of the
acts; anyone who, by gifts, promise, threat, order, abuse of
authority or power has provoked the perpetration of an
offence or given instructions to commit it;
That for complicity to be retained, there must be a main
punishable act committed by a third person, a material act of
complicity and an intention to commit complicity;
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