and a fine of CFAF 1,000,000 (one million); II- PROCEDURE A) Guilt of the accused 1°) Attempted pimping Whereas P. F is being prosecuted for attempted pimping;; Whereas under the terms of Article 122-1 paragraph 1 of the Penal Code “the attempt consists in the undertaking to commit a crime or offence, manifested by unequivocal acts tending towards its execution, if these have been suspended or have failed to have effect only by circumstances beyond the control of their perpetrator”; That according to the provisions of article 533-22 pimping is the act, by any person, in any manner whatsoever, of aiding, assisting or protecting the prostitution of others; of profiting from the prostitution of others, sharing the proceeds or receiving subsidies from a person habitually engaged in prostitution; and of hiring, training or diverting a person with a view to prostitution or of exerting pressure on that person to engage in prostitution or to continue to do so ; that according to the last paragraph of the said article, pimping is punishable by a prison sentence of 3 (three) to 10 (ten) years and a fine of CFAF 1,000,000 (one million); that in the light of the provisions of article 213-3 of the Penal Code, pimping is an offence; that under article 122-2 of the Penal Code, attempted offences are punishable only in the cases provided for by law; Whereas in the case at hand, there is no provision in the Penal Code which punishes attempted pimping; therefore, the accused must be acquitted of the offence of attempted pimping; 2°) Complicity in human trafficking Whereas pursuant to the provisions of paragraphs 2 and 3 of article 131-4 of the Penal Code, is an accomplice to an action classified as a felony or misdemeanour, anyone who knowingly prepared or facilitated the performance of the action, aided or abetted the perpetrator or perpetrators of the acts; anyone who, by gifts, promise, threat, order, abuse of authority or power has provoked the perpetration of an offence or given instructions to commit it; That for complicity to be retained, there must be a main punishable act committed by a third person, a material act of complicity and an intention to commit complicity; 5

Select target paragraph3