600,000 (six hundred thousand);
B- Civil Action
Whereas it follows from Article 2 of the Code of Criminal Procedure
that any person claiming to be the victim of a criminal offence may seek
compensation before the criminal courts hearing the prosecution;
Whereas within the meaning of Article 423 of the same code “[The
Criminal Chamber] shall assess the admissibility of the civil action
petition and, if necessary, declare the petition inadmissible” ;
That the admissibility of such an action presupposes proof of the
existence of damage, an offence and a direct and personal link between
the damage and the offence, in addition to the formal requirements laid
down in Articles 418 and pursuant to the Code of Criminal Procedure;
Whereas O. K. V was summoned to the hearing to give a statement
on her possible financial claims, she declared herself a civil party.
She requested B. E be condemned to pay her the sum of CFAF 23,650
(twenty-three thousand six hundred and fifty) as damages; That she
claims in this capacity compensation for damages resulting from the
injuries she sustained; That she explains that she incurred expenses
for her treatment in the hospital;
Whereas, while it is undeniable that she has suffered damage, it remains
that this damage is not the consequence of the offence for which
B. E was found guilty; That her damage is clearly linked to assault
and battery and not to intimidation; That it is therefore appropriate to
declare her action to obtain the conviction of the accused to pay her
damages and interests inadmissible;
UPON THESE GROUNDS
Ruling in a public hearing following full trial of a criminal matter in first
resort, the court:
Declares BOUGMA Emmanuel guilty of the charges alleged against
him;
Sentences him to 24 (twenty-four) months of actual prison term and a
suspended fine of CFAF 600,000 (six hundred thousand);
Declares inadmissible the claim for damages of O. K. V;
In addition, condemns B. E to pay the costs.
All of which must be applied in accordance with Articles 52 of the Penal
Code, 473 and 477, 699 to 718 of the Code of Criminal Procedure read
out by the President.
Thus, the case was heard and judgement delivered by the judge and by
the Court Registrar on the dates, months and year as indicated above.
THE PRESIDENT
THE COURT REGISTRAR
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