talking with an old man and who insulted him; that he could not
stand it and asked them to stop calling him names; that they began
to insult him as well and the two women pushed him; that he
retaliated by pushing one of them who fell to the ground and could
not get up immediately and was taken to a health centre;
Upon completion of the investigation, S.I. was summoned before
the State counsel of Faso at the High Court of Bobo-Dioulasso, who
prosecuted him for assault and battery before the Juvenile Judge and
issued a provisional custody order against him;
Entered on the cause list of April 20, 2017, the case was
postponed to May 4, 2017, for the filing of the social investigation
report and for the production of the medical certificate; it was then
postponed until June 11 to 1, 2017, for the same reasons; the case
was then rescheduled for June 8, 2017; on June 8, 2017, the Juvenile
Court Judge, ruling by judgement No. 026, ordered the provisional
release of the accused and postponed the case until June 29, 2017;
the file was rescheduled for July 13, 2017, date at which it was
postponed to July 27, 2017, for the filing of the social investigation
report and for the appearance of the accused and civil parties; after
this date, the file was postponed to August 10, 2017, for the filing of
the medical certificate, for the appearance of the civil parties and for
the appearance of the accused on provisional release; on this last
date, the file was retained; the accused maintained the statements he
had previously made; he specified that he pushed B.D;
The Legal Department, after having summarized the facts,
requested that the acts of assault and battery alleged against S.I. be
reclassified as assault in application of article 8 of the 1997 decree
on contraventions; that he be found guilty and sentenced to an actual
fine of CFAF 15,000 (fifteen thousand);
Then, the Juvenile Judge, after having deliberated in accordance
with the law, made the following decisions publicly before the court;
PROCEDURE
A PROSECUTION
1-Guilt of S.I.
Whereas S.I. is accused of assault and battery on B.D. and O.K.;
whereas the accused acknowledges the facts;
Whereas according to Article 327 of the Penal Code, "is
punishable by 2 (two) months to 2 (two) years prison term and a
fine of CFAF 50,000 (fifty thousand) to CFAF 600,000 (six
hundred thousand) or by one of these two penalties only, any
individual who, voluntarily, wounds or blows, or commits any
other violence or assault. That the offence, to be constituted,
requires the establishment of a material act consisting of blows or
any other violence or assault committed on a living person, a guilty
3