Country
Territorial subdivision
Court
Type of court
Seat of court
Ouesso
Court jurisdiction
Date of opinion
2015
Abstract
In March 2015, Mengbebe Degome Bertrand a military officer on service at 03/20 airbase of Makoua, fraudulently withheld one war weapon type PMAK while on leave and came to stay at Sembe. While there, he contacted Hamadou Abbo, a local businessman to whom he sold the weapon at XAF 200,000 (two hundred thousand). The buyer was in Ouesso and since Mengbebe Degome Bertrand wanted to go back to Makoua, he left the weapon to his brother Mengbebe Aymard who brought it to Hamadou. During the patrol, Hamadou Abbo denounced the facts and all three were arrested and brought before the state prosecutor.
Language of document
French
Reference number
Decision No. 044 of 2015/05/07
Charges
Theft and illegal sale of one war weapon; illegal possession of one war weapon and complicity of illegal possession of one war weapon.
Transnational
Yes
Decision
Mengbebe Degome Bertrand was found guilty of theft and illegal sale of one war weapon; Hamadou Abbo was found guilty of illegal possession of one war weapon; Mengbebe Aymard was found guilty of complicity of illegal possession of one war weapon.
Appealed
No
Penalty
Mengbebe Degome Bertrand was sentenced to twelve months imprisonment and to pay fines of XAF 50,000 (fifty thousand); Hamadou Abbo was sentenced to three months imprisonment and to pay fines of XAF 100,000 (one hundred thousand); Mengbebe Aymard was sentenced to three months imprisonment and to pay fines of XAF 100,000 (one hundred thousand); All accused were condemned to pay court fees. The imprisonment term of Mengbebe Aymard was suspended. Imprisonment in default of payment was fixed to its minimum. No damage was awarded to the State of Congo although it is mentioned that the civil claim filed was received.
Legislation cited
Ordinance No. 62-24 of 16 October 1962 to lay down regulations on war weapons, ammunitions and materials