minor C.D.S; of having, in the same circumstances of time and place, committed
a gesture of touching or caressing for sexual purposes on the minor C.D.S, below
the age of 16 years; and finally, of having, in the same circumstances of time and
place above, without fraud or violence, kidnapped or diverted the minor C.D.S;
These facts constitute offenses provided for and punishable under articles:
320, 320 bis and 348 of the penal code;
Whereas the facts are constant, it is appropriate to associate him with the
accusations and to find him guilty;
Whereas there are extenuating circumstances in the case which allow the
court to apply the provisions of article 433 of the Penal Code;
That he should be sentenced to two (02) years of imprisonment;
On civil interests:
Whereas C.S.S, with civil liability over C.D.S, declared that he was a civil
party and concluded that the court should order the defendants to pay him the
sum of one million (1,00,000) francs for damages;
Whereas the said constitution is regular in form, it is appropriate for it to
be admitted;
On the merit:
Whereas the sum requested seems exaggerated and the court has sufficient
grounds to fix the sum for damages at five hundred thousand (500,000) francs
and to condemn S.C.A.N to the payment the said sum;
Whereas it is also appropriate to order him to pay costs and to fix the
duration of imprisonment for failing to pay the dues at the maximum.
FOR THESE
REASONS
Ruling publicly, on basis of counter-argumentation, in criminal matters
and at first instance:
- Declares S.C.A.N guilty;
As sanction:
- Sentences him to two (02) years of firm imprisonment;
On civil interests:
On the form:
- Admits the constitution of civil party by C.S, who has civil liability over
C.D.S;
On the merit:
- Declares the case well founded and awards the sum of five hundred
thousand (500,000) francs for damages;