Having received the floor in last position, the accused made his arguments
to defend himself;
The Court Registrar recorded the proceedings of the hearing;
After the hearing, the Court having ruled in accordance with the law, the
following judgement was pronounced;
THE COURT
Having regard to the direct summons procedure followed against the
accused identified above;
Considering the documents in the file;
Having heard the answers of the accused;
Having heard the statements of the civil party, who declared not filing
any claim; Having heard the oral submissions of the Legal department;
Having heard the arguments made by the accused, who was given the
floor in last position;
Considering articles 521-4 of the Penal Code, 2 to 6, 418 and subsequent
articles of the Code of Criminal Procedure;
whereas the case file and proceedings result in the following;
FACTS
Whereas SAWADOGO Narcissus is accused of having in Kongoussi, in
January 2019, in anonymous or signed writing, image, symbol, emblem
or any form of expression of death, in the case at hand by words,
threatened to kill OUEDRAOGO Fatimata Josephine;
Whereas since the preliminary investigation up to the bar, the accused has
always refuted the facts; Whereas he admits that he never put up with the
fact that his girlfriend left him, and that he followed her one night while
she was in the company of a man, and in his attempt to take her home, he
actually grabbed her, and in trying to pull her, he inadvertently tore off
her clothes;
After the hearing, the Court in accordance with the law ruled as follows;
GROUNDS FOR THE DECISION
I-
PROSECUTION CONSTITUTING THE OFFENCE
Acts provided for and punished by article 521-4 of the Penal Code:
“Anyone who utters death threats by anonymous or signed writing, image,
symbol, emblem or any form of expression of death shall be punished by
a prison sentence of 2 (two) to 10 (ten) years and a fine of CFAF two
million (2,000,000) to CFAF five million (5,000,000) .”;
Whereas in the case at hand, S. N is accused of having
threatened to kill OUEDRAOGO Fatimata Joséphine by words;
Whereas Josephine insists that she left her boyfriend about three months
ago to escape from the multiple abuses she was subjected to, and in the