Substitution de parent à l’état civil : Une directrice de société jugée pour complicité de faux et usage de faux
P. Niang, director of a local security company, appeared this Thursday before the Dakar court of first instance for complicity in forgery and use of forged documents on a civil status document, in a case of substitution of parent in the civil status.
According to the facts discussed at the hearing, after the birth of their child in France, her husband, El HA Sylla, had registered the child under the family name of his friend O. Dièye, in order to allow him to benefit from the advantages linked to French nationality.
The case came to light during the couple's divorce proceedings. The family court judge then discovered the existence of two different documents: a French birth certificate and a Senegalese birth certificate concerning the child.
Paradoxically, it was the wife who reported the crimes, leading to her husband's arrest. He has already been tried and convicted by the Dakar court for flagrant offenses. Subsequently, a judicial delegation was ordered to prosecute P. Niang for complicity.
In court, the defendant denied any involvement in the preparation of the administrative documents. She explained that her husband had asked for her opinion before the birth, but that she had opposed the idea. "I did not register the child at birth. It was the father who did it with his friend. Moreover, the French birth certificate is being contested in Paris," she maintained.
During the investigation, El H A. Sylla claimed that he discovered, at the time of the divorce, that his wife had registered their child in the name of another man. He also maintained that the child was born in Senegal and that his wife had traveled to France to register the birth.
A version rejected by P. Niang in court. "We traveled together to France for the birth. Besides, he is the one who holds parental authority," she declared.
In his submissions, the public prosecutor requested a three-month suspended prison sentence and a fine of 250,000 CFA francs.
The defense, led by attorney Abdoulaye Tall, argued that the facts were not established. According to him, his client was completely uninvolved in the entire process that led to the creation of the documents. "P. Niang played no part in the preparation of these documents. Her ex-husband is simply seeking revenge because she has remarried," the lawyer pleaded. His colleague, attorney Dionwar Soumaré, concurred, asserting that the alleged acts were committed by the ex-husband and his friend. The lawyers therefore requested the outright acquittal of their client.
Following this, the defense filed a request for provisional release, which the prosecution did not oppose. The court granted the request and set the date for its ruling for March 9th.
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