Moreover, 04 payment ledgers were found
following a search operation conducted in the
house of S.O of which two without cover wherein
the name of Cynthia was found, two hospital
books, which according to a lady called Jennifer
belonged to C;
At the end of the inquiries, the report thereto was
forwarded to the State Counsel of Faso at the
Ouahigouya High Court who decided to press
charges against S.O for pimping, abortion and
defamation, and Uzebu Florence for pimping
wherefore the procedure in flagrante delicto
before the Criminal Court of Ouahigouya in its
hearing of 22 January 202. After several
adjournments, the case was heard, there was a full
trial then consultations, and judgement passed on
19 February 2020 where the court gave its
verdict;
II- GROUNDS OF THE DECISION
A.
PROSECUTION
1. CRIMINAL LIABILITY
a. Charges of abortion pressed
against S.O
Whereas charges of abortion are pressed against
S.O;
Whereas as provided by article 513(10) of the
Penal Code “Shall be sentenced to one to five
years of imprisonment and a CFA F 1,000,000
(one million) to CFA F 3,000,000 (three
million) fine, whosoever through food,
beverages, drugs, schemes, violence or by any
other means, provides or attempts to provide
abortion of a pregnant woman, with or
without the consent thereof”; that according to
this article, for abortion to be established there
should be a pregnancy, the use of artificial,
mechanical or chemical means, which could be
through a scheme, violence or drugs, foods
beverages or any other means and a premeditation
because the offender must act with the purpose to
prevent the birth of a baby;