a fine of CFAF 1,000,000 (one million) to 5,000,000 (five
million) ;
That, however, according to the provisions of the last
two paragraphs of article 217-4 of the Penal Code, in criminal
matters, the court which acknowledges mitigating
circumstances is authorized to reduce imprisonment and the
fine even below the penalties for minor offences; that when the
law provides for the cumulative application of imprisonment
and a fine, the court may pronounce both penalties by reducing
them;
Whereas in this case, P. F has been convicted of
complicity in human trafficking and has no criminal record;
whereas in setting the sentence, the court takes into account
the circumstances of the commission of the offence, the
social disorder caused, the seriousness of the agent's
misconduct and his personality; that in the light of these
elements, she should be sentenced to an actual 24
(twenty-four) months' imprisonment and a fine of CFAF
500,000 (five hundred thousand);
C°) Seals
Whereas pursuant to paragraph 2 of Article 213-1, the
competent court may also order the confiscation and/or
destruction of the object which was used or intended for the
commission of the offence or the object which was the
product thereof;
That in the case at hand, 10 (ten) packets of condoms
including 1 (one ) female model were seized and sealed
under No. 13/2019 of 03/01/2019; that the said objects were
intended for the commission of the offence; that it is
therefore appropriate to order their confiscation in view of
their destruction;
D°) Costs
Whereas, pursuant to Article 321 -94 of the Code of
Criminal Procedure, any judgement of conviction handed
down against the accused shall condemn him to pay the
expenses and costs to the State;
Whereas in this case P. F having been sentenced
for the acts which are being prosecuted, she should
also be ordered to pay the costs;
UPON THESE GROUNDS,
Ruling in a public hearing following full trial of a
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