and the judge may not, after upholding the existence of mitigating circumstances, reduce the
sentence below five years of imprisonment.
If the rape occurred with both aggravating mitigating circumstances provided in the preceding
paragraph, the penalty shall be life imprisonment.
If the guilty persons are the ascendants of the person on who the rape was committed, if they are
those who have authority over her, or if they are responsible for her education, supervision or if
they are employees of the above-mentioned persons, there shall be no probation accompanied
with the sentence.
ARTICLE 346 OF THE CRIMINAL PROCEDURE CODE:
Conviction is rendered by a simple majority. However, on the question of mitigating
circumstances, any decision unfavourable to an accused person who faces the death penalty shall
be formed by a majority of at least five votes;
ARTICLE 363 OF THE CRIMINAL PROCEDURE CODE:- The accused person found
guilty will pay costs to the civil claimant;
ARTICLE 631 OF THE CRIMINAL PROCEDURE CODE:
Sentences imposed by Criminal Courts shall be executed in accordance with provisions currently
in force;
ARTICLE 725 OF THE SOCIAL, COMMERCIAL AND CIVIL PROCEDURE CODE:
Imprisonment for debt is regulated as follows:
•
•
2 to 10 days for debts between 100,000 to 500, 000 Francs
11 to 20 days for debts between 500,000 to 1.000.000 Francs
•
21 to 90 days for debts above 1.000.000 Francs
Pursuant to the legal provisions above-mentioned and transcribed:
SENTENCES
Diakaridia COULIBALY aka Diaki to 5 years imprisonment
Also orders the accused to pay the costs under this ruling.
Thus done, adjudged and publicly pronounced by the Trial Chamber of this Assizes Court
on the day, month and year above-stated.
AND SIGNED BY THE PRESIDENT AND THE REGISTRAR
Following the signatures Approved for stamping and registration.