In a cooperative network, relays are often closer to the source than the destination and thus the source-relay links have a higher capacity than the source-destination one. In this paper, we investigate a hierarchical modulation-based cooperative scheme, where the relay is able to detect the whole signal, while the destination can only detect the rst layer of the modulation. We provide an error probability upper-bound for this scheme, which allows us to optimize the choice of the constellation parameter θ.