7
on this count and to reverse the decision on this count;
On pedophilia
Considering that it results from the provisions of article 320 bis of the Penal Code that any
gesture, touching, fondling, pornographic manipulation, use of images or sounds by any
technical process, for sexual purposes on a child under 16 of either sex constitutes the
pedophile act punishable by imprisonment of 5 to 10 years;
Considering that it is constant as resulting from the documents of the proceedings and the
constant declarations of the victims xxx, xxx, xxx and xxx respectively 13 years old, 13
years old, 12 years old and 11 years old that xxx always appeared before them halfdressed (in panties) to rub on them; that the girls were unanimous in saying that there
was never any penetration and that Mr. xxx was limited only to rubbing his penis on
them; that it is the same with victim of xxx in this case xxx who always said that Mr. only
rubbed his penis on her but never went beyond such touching; that these facts, the sexual
purpose of which is not questionable, are entirely sufficient to characterize the offense of
pedophilia for which xxx and xxx are being prosecuted in this case, that it is necessary to
confirm the first judgment on this count by declaring them guilty of pedophilia;
Considering that article 320 bis punishes pedophilia with imprisonment of 5 to 10 years;
Considering that in this case nothing in the file calls into question the quality of first
offender of the defendants; whereas it befits to grant them the benefit of mitigating
circumstances by sentencing them to a fixed prison term of two years each in application
of the provisions of Articles 320 bis and 433 of the Criminal Code;
On the abduction of a minor
Considering that it follows from the provisions of article 348 of the penal code that
anyone who without fraud or violence has kidnapped or diverted, or tenaciously
kidnapped or diverted a minor under 18 years of age will be punished with imprisonment
of two to five years and a fine of 20,000 to 200,000 francs;
Considering that in this case it emerges from the procedure that both xxx and xxx have, to
perform acts for sexual purposes for who they were found guilty, removed the children
from the places where they were supposed to be; that it was indeed for xxx to attract xxx
in the school during the break hours and for xxx to invite his victims in charge of selling
water bags on the beach in his house next to his hotel, promising them food; whereas in
doing so, children under the age of 18 were abducted without fraud or violence from the
places where they were placed by those who had custody of them;
That it is therefore necessary to confirm the impugned judgment on this count by
declaring them also guilty of abduction of minors and to sentence them to a term of
imprisonment of two years each in accordance with the provisions of Articles 348 and 433
of the Penal Code;