Whereas Article 327, which punishes intentional assault and battery, violence or assault, also contains penalties; Whereas, therefore, when an illness or total inability to work for more than seven days and less than twenty-one days has resulted from such assault and battery, violence or assault, the penalty shall be imprisonment for two months to two years; and/or a fine of CFAF 50,000 to 600,000; Whereas in the case at hand, O. D was found guilty of assault and battery to the prejudice of O. A, on the basis of Article 327; That he should be sentenced to a prison term of 12 (twelve) months; Whereas it is, however, constant that he is a first-time an offender; Whereas it is necessary to apply the provisions of Article 694 of the Code of Criminal Procedure, by suspending the execution of his sentence, to give him the chance to reintegrate usefully into society; II- PROSECUTION Whereas under Articles 2 to 6, 418 et seq. of the Code of Criminal Procedure, any person who claims to have been injured by a crime, misdemeanour or contravention may file in a civil action and claim compensation for the damage caused to them directly by the offence. Whereas in the case at hand, O. A declared at the public hearing and even before the State Counsel, that she was a civil party; That as to form, her filing as a plaintiff is lawful and deserves to be received; Whereas she says that she does not claim anything from her torturer as reparation; that it is appropriate to acknowledge it; III- COSTS Whereas according to Article 473 of the Code of Criminal Procedure, the accused against whom there is a guilty verdict is also ordered to pay the costs; That, in the case at hand, O. D was convicted for the offence of assault and battery, and was sentenced for these acts; That he should be ordered to pay the cost; UPON THESE GROUNDS, Ruling in a public hearing following full trial of a criminal matter in first resort: - Dismisses the accused for the purposes of prosecution of intimidation to the benefit of the doubt; - On the other hand, declares him guilty of the charges of assault and battery with a TIW of more than 7 (seven) days; - Sentences him to 12 (twelve) months suspended imprisonment; - Receives O. A’s filing for damages and acknowledges that she makes no claim; - Condemns O. D to pay the costs. Thus, the case was heard and judgement delivered in open Court by the President and the Court Registrar on the date, month and year as indicated above. THE PRESIDENT THE COURT REGISTRAR