After deliberating in accordance with the law:
Whereas the acts considered established by the Court of Assizes against the accused are
provided for and punished under articles 226, 18 and 19 of the Penal Code:
Mindful of the said articles, together, articles 346,363, 631 of the Criminal Procedure Code, and
728 of the CPCCS which read as follows:
ARTICLE 224 OF THE PENAL CODE:
Any act performed publicly, which is against the decency and morals of those who inadvertently
witness it and could disrupt public order and cause blatant social harm, shall be an act of public
indecency.
ARTICLE 18 OF THE PENAL CODE: If the court finds that mitigating circumstances exist in
favour of 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, imprisonment of between one
to five years:
In the cases provided for in the three preceding paragraphs, residence prohibition may be
ordered:
4°) If the offender faces imprisonment, the court, upon declaring the existence of mitigating
circumstances, even in the event of a repeat offence, may reduce this sentence below eleven days
and the fine to 18,000 francs or to a lesser sum;
5°) If he/she faces both imprisonment and a fine, the court may separately order 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 19 OF THE PENAL CODE : In the event of a sentence to imprisonment or a fine,
courts and tribunals may, if the accused has not been previously sentenced to imprisonment for a