After deliberating about this case in accordance with the law;
Considering that the acts considered established by the Court of Assizes against the
accused are provided for and punished under articles 18, 252 and 253 of the Penal Code:
Mindful of the said articles, together with articles 346, 363, 631 of the Criminal
Procedure Code, and 728 of the Civil, Commercial and Social Procedure Code, which read as
follows:
Article 18 of the Penal Code: If the court finds that mitigating circumstances exist
for the offender, it will rule as follows:
1°) If he/she faces the death penalty, life imprisonment or imprisonment of between five to
twenty years:
2°) If he/she faces life imprisonment, imprisonment of between five to twenty years or
imprisonment of between two to five years ;
3° If he/she faces imprisonment of between five to twenty years or imprisonment of between two
to five year;
In the cases provided for in the three preceding paragraphs, residence prohibition may be
ordered;
4°) If the offender faces imprisonment, the court, when declaring the existence of mitigating
circumstances, even in an instance of repeat offence, may reduce this sentence below eleven days
and the fine to 18,000 francs or to a lesser sum francs or to a lesser sum ;
5°) If he/she faces both imprisonment and a fine, the court may separately hand down either one
of these penalties;
6° If he/she faces a fine, this may be reduced to penalties for simple offences.
The court may not, in any case, extend the benefits of mitigating circumstances to the perpetrator
of a felony or misdemeanour committed when drunk.
The attribution of mitigating circumstances may not, in any case, alter the nature of the offence.
Article 252 of the Penal Code: Whoever fraudulently takes something that does not
belong to him/her shall be guilty of robbery.
Article 253 of the Penal Code: The death penalty shall apply to whoever is guilty of
gang or armed robbery.