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Proclamation No.

414/2004

THE CRIMINAL CODE OF THE FEDERAL DEMOCRATIC REPU LIC OF ETHIOPIA


PREFACE It is nearly half a century since the 1957 Penal Code entered into operation. During this period, radical political, economic and social changes have taken place in thiopia. !mong the ma"or changes are the recognition #y the Constitution and international agreements ratified #y thiopia of the e$uality #et%een religions, nations, nationalities and peoples, the democratic rights and freedoms of citi&ens and residents, human rights, and most of all, the rights of social groups like %omen and children. !fter all these phenomena have taken place, it %ould #e inappropriate to allo% the continuance of the enforcement of the 19'9 Penal Code. !nother discerni#le gap in the Penal Code is its failure to properly address crimes #orn of advances in technology and the comple(ities of modern life. )he Penal Code does not incorporate crimes such as the hi"acking of aircraft, computer crimes and money laundering. *esides, as regards crimes related to corruption and drugs although they are no%adays, attracting attention #oth in legislation and follo%+up not only %ithin national frontiers #ut also on the regional and international levels, due to the grave crises they are using, the Penal code does not ade$uately deal %ith such crimes %ith the degree of seriousness they deserve. !nother point that should not #e overlooked is the penal Code,s failure to ackno%ledge the grave in"uries and sufferings caused to %omen and children #y reason of harmful traditional practices. -urely, the constitution guarantees respect for the cultures of peoples, #ut it does not #uttress up those practices scientifically proven to #e harmful. It is also futile to issue a la% that does not have the trust and support of the people for it usually remains impractica#le. *ut it is %ell recogni&ed in the philosophy of criminal legislation that the legislature should, #y adopting progressive la%s at times, educate and guide the pu#lic to dissociate itself from harmful traditional practices. .urthermore, it is desira#le to adopt a comprehensive code #y assem#ling the various criminal provisions pu#lished in the /egarit 0a&eta in a disintegrated manner. -imilarly, since the parallel application, of the regular Penal Code and the 1evised special Penal Code in respect of similar matters disregards e$uality among citi&ens,

the e(istence of a comprehensive Criminal Code %ill put an end to such practice. In order to eliminate the a#ove+mentioned shortcomings and adopt a comprehensive Criminal code, su#stantial activities have #een undertaken throughout the entire Country. Discussions have #een held on the draft Criminal Code prepared #y the 2inistry of 3ustice and the 3ustice and 4egal -ystem 1esearch Institute. 4egal and medical professionals, psychiatrists, different institutions of higher education and professional associations have made significant contri#utions through the opinions they gave to the enactment of the la%. 1epresentatives of the people selected from different sectors and associations have for%arded important vie%s in discussion forums on the draft la%s conducted in !ddis !#a#a and the regions. It is mainly on the #asis of pu#lic opinion that punishments have increased in respect of crimes like rape and aggravated theft. 2oreover, the opinions of legal scholars and the la%s and e(periences of foreign countries have #een consulted to enrich the content of the Criminal Code. .inally, one point that must not #e left unmentioned is the matter concerning the determination of sentence. -ince it is essential to facilitate the method #y %hich Courts can pass similar punishments on similar cases, some ma"or changes have #een made in the provisions of the Code. Provisions of the Penal Code that used to make sentencing complicated and difficult have #een amended. Provisions have #een inserted %hich ena#le the Courts to pass the appropriate penalty for each case #y carefully e(amining from the lightest to the most severe punishment. ! sentencing manual %ill also #e issued to ensure and control the correctness and uniformity of sentencing. !nother point %hich must #e raised in connection %ith the determination of sentence is that the purpose of Criminal 4a% is to preserve the peace and security of society. It protects society #y preventing the commission of crimes, and a ma"or means of preventing the commission of crime is punishment. Punishment can deter %rongdoers from committing other crimes5 it can also serve as a %arning to prospective %rongdoers. !lthough imprisonment and death are enforced in respect of certain crimes the main o#"ective is temporarily or permanently to prevent %rongdoers from committing further crimes against society. !nd in such cases %ith the e(ception of the death sentence even criminals sentenced to life imprisonment can #e released on parole #efore serving the %hole term5 in certain crimes convicts can #e released on pro#ation %ithout the pronouncement of sentence or %ithout the enforcement of the sentence pronounced. )his helps %rongdoers to lead a peaceful life and it indicates the ma"or place, %hich the Criminal 4a% has allocated for their reha#ilitation. )he fact that %rongdoers, instead of #eing made to suffer %hile in prison, take vocational training and participate in academic education, %hich %ould #enefit them upon their release, reaffirms the great

concern envisaged #y the Criminal Code a#out the reform of criminals. It must #e noted that, #y laying do%n in the Code e(press provisions concerning these cases, it is intended that Courts should, on passing sentence, take into account the purpose of the la% and the different aims of punishment. It is hoped that this Criminal Code, %hich has #een revised through all these persistent efforts, %ill ensure respect for the order, peace and security of the -tate and its peoples as %ell as respect for the rights and freedoms of its citi&ens and inha#itants. *eing convinced that this Code %ill ena#le to accelerate the economic progress of the -tate, that it %ill strengthen a steady order of free market and that it %ill, a#ove all, contri#ute to%ards the promotion of a fair "udicial system, in our country, pursuant to !rticle 55 617 of the Constitution of the .ederal Democratic 1epu#lic of thiopia it is here#y proclaimed as follo%s8 1. !"ort Titl#$ T"i% Proclamation ma& '# cit#( a% )T"# Criminal Co(# o* t"# F#(#ral D#mocratic R#+,'lic o* Et"io+ia 2004.) 2. R#+#al$ )he follo%ing proclamations8 a7 the Penal Code of the mpire of thiopia 1957,and #7 the 1evised -pecial Penal Code of the Provisional 2ilitary. !dministration Council 199:, Proclamation /o. :1';199:, are here#y repealed as from the 9th of 2ay, :<<5. -. !+#cial Ca%#$ A% +ro.i(#( in Articl# - o* t"i% Co(#/ not"in0 %"all a**#ct t"# a++lication o* %+#cial la1% an( r#0,lation%. 4. E**#cti.# Dat#$ )his Criminal Code as pu#lished in a separate volume of the .ederal /egarit 0a&eta under Proclamation /o. '1';:<<', shall come into = force as of the 9th of 2ay :<<5. Don# at A((i% A'a'a/ t"i% 2t" (a& o* Ma& 2003 4irma 5ol(# 4ior0i% Pr#%i(#nt o* t"# F#(#ral D#mocratic R#+,'lic o* Et"io+ia PART I 4ENERAL PART OO6 I CRIME! AND CRIMINAL! TITLE I CRIMINAL LA5 AND IT! !COPE CHAPTER I !COPE OF THE LA5

Articl# 1.7 O'8#ct an( P,r+o%#. )he purpose of the Criminal Code of the .ederal Democratic 1epu#lic of thiopia is to ensure order, peace and the security of the -tate, its peoples, and inha#itants for the pu#lic good. It aims at the prevention of crimes #y giving due notice of the crimes and penalties prescri#ed #y la% and should this #e ineffective #y providing for the punishment of criminals in order to deter them from committing another crime and make them a lesson to others, or #y providing for their reform and measures to prevent the commission of further crimes. Articl# 2.7 Princi+l# o* L#0alit&.

617 Criminal la% specifies the various crimes, and the penalties and measures applica#le to criminals. 6:7 )he Court may not treat as a crime and punish any act or omission %hich is not prohi#ited #y la%. )he Court may not impose penalties or measures other than those prescri#ed #y la%. 6>7 )he Court may not create crimes #y analogy, 6'7 )he a#ove provisions shall not prevent the Court from interpreting the la%. In cases of dou#t the Court shall interpret the la% according to its spirit, in accordance %ith the meaning intended #y the legislature so as to achieve the purpose it has in vie%. 657 /o#ody shall #e tried or punished again for the same crime for %hich he has #een already convicted, punished or su#"ected to other measures or ac$uitted #y a final decision in accordance %ith the la%. Articl# -.7 Ot"#r P#nal L#0i%lation. Not"in0 in t"i% Co(# %"all a**#ct r#0,lation% an( %+#cial la1% o* a criminal nat,r#$ Provided that the general principles em#odied in this Code are applica#le to those regulations and la%s e(cept as other%ise e(pressly provided therein. Articl# 4.7 E9,alit& #*or# t"# La1. Criminal la% applies to all alike %ithout discrimination as regards persons, social conditions, race, nation, nationality, social origin, colour, se(, language, religion, political or other opinion, property, #irth or other status. /o difference in treatment of criminals may #e made e(cept as provided #y this Code, %hich are derived from immunities sanctioned #y pu#lic international and constitutional la%, or relate to the gravity of the crime or the degree of guilt, the age, circumstances or special personal characteristics of the criminal, and the social danger %hich he represents.

CHAPTER II !COPE OF APPLICATION OF THE LA5 !#ction I$7 Con(ition% a% to Tim#

Articl# 3.7 Non7r#tro%+#cti.# E**#ct o* Criminal La1. 617 If an act, declared to #e a crime #oth under the repealed legislation and this Code %as committed prior to the coming into force of this Code, it shall #e tried in accordance %ith the repealed la%. 6:7 !n act declared to #e a crime under this Code #ut not under the repealed la% and committed prior to the coming into force of this Code is not punisha#le. 6>7 /o act shall #e tried or punished %here it %as a crime committed under the repealed legislation #ut is not declared so to #e under this Code. If proceedings have #een instituted they shall #e discontinued. Articl# :.7 E;c#+tion$ A++lication o* t"# Mor# Fa.o,ra'l# La1.

?here the criminal is tried for an earlier crime after the coming into force of this Code, its provisions shall apply if they are more favoura#le to him than those in force at the time of the commission of the crime. )he Court shall decide in each case %hether, having regard to all the relevant provisions, the ne% la% is in fact more favoura#le.

Articl# <.7

A++lication a% to M#a%,r#%.

@pon the coming into force of this Code measures prescri#ed in this Code 6!rts. 1:9+1A57 shall apply %hen passing sentence on crimes committed under the repealed la%. Articl# =.7 A++lication a% to P#rio(% o* Limitation.

617 @pon the coming into force of this Code, periods of limitation applica#le to the right to prosecute and to enforce a penalty in respect of crimes committed under repealed legislation shall #e governed #y this Code. Bo%ever, the time %hich elapsed prior to the coming into force of this Code shall #e taken into account. 6:7 ?herever the provisions of this Code re$uire official proceedings to #e instituted in respect of crimes committed under repealed legislation and %hich under such legislation could #e prosecuted upon private complaint, such right of complaint

shall #e #arred if not e(ercised %ithin a period of t%o years after the coming into force of this Code. Articl# 2.7 En*orc#m#nt o* >,(0m#nt% +a%%#( ,n(#r R#+#al#( L#0i%lation.

?here a sentence has #een passed in accordance %ith the repealed legislation its enforcement shall #e governed #y the follo%ing principles8 617 If the Code no longer restrains the act in respect of %hich the sentence %as passed the punishment shall no longer #e enforcea#le or shall forth%ith cease to have effect. 6:7 ?here a sentence has #een passed for the #reach of a criminal la% enacting a prohi#ition or an o#ligation limited to a given period of time for special reasons of a transitory nature, the e(piration of the said period shall not #ar the enforcement of the punishment, nor shall the prosecution #e #arred #y such e(piration. 6>7 Punishments a%arded #efore or after the coming into force of this Code shall #e enforced as provided in this Code. )his shall also apply to the recovery of fines, the suspension of sentence and conditional release. 6'7 If a prisoner %ho is undergoing punishment at the time of the coming into force of this Code is found guilty of an earlier crime %hich remained unkno%n and %as punisha#le #y a penalty entailing loss of li#erty the Court shall pass an aggregate sentence in accordance %ith the provisions relating to concurrent, crimes 6!rt. 19A7 and shall take into account the provisions regarding the application of the more favoura#le la% 6!rt. A7. )he period of imprisonment undergone in pursuance of the earlier "udgment snail #e deducted. Articl# 10.7 A++lication R#in%tat#m#nt. a% to Canc#llation an(

)he cancellation of entries in the "udgment register as %ell as reinstatement in the case of "udgments given under repealed legislation shall #e governed #y this Code. !#ction II.7 Con(ition% a% to Plac# Princi+al A++lication Crim#% Committ#( on Et"io+ian T#rritor&$ Normal

!,'7%#ction I.7 Articl# 11.7 Ca%#.

617 )his Code shall apply to any person %hether a national or a foreigner %ho has committed one of the crimes specified in this Code on the territory of thiopia. )he national territory comprises the land, air and #odies of %ater, the e(tent of %hich is determined #y the Constitution.

6:7 /othing in the provision of su#+article 617 of this !rticle shall affect immunities of persons en"oying an official status as sanctioned #y pu#lic international la%. 6>7 If the criminal has taken refuge in a foreign country, his e(tradition shall #e re$uested so that he may #e tried under thiopian 4a%. Articl# 12.7 !+#cial Ca%#$ D#l#0ation.

617 ?here a foreigner %ho has committed a crime in thiopia cannot #e tried or punished, #ecause he has taken refuge in a foreign country and his e(tradition cannot #e o#tained, the thiopian authorities may re$uest that he #e tried in the country of refuge. 6:7 )he accused foreigner cannot #e retried in thiopia for the same crime if he has #een tried and ac$uitted in the foreign country #y a "udgment %hich has #ecome final or if he has #een granted pardon or amnesty or if the prosecution or sentence has #een #arred #y limitation. 6>7 ?here the criminal has not undergone his punishment or only undergone part of it in the foreign country, the %hole or the une(pired part thereof shall #e enforced in thiopia, if he is apprehended and the enforcement of the penalty is not #arred #y limitation under the provisions of this Code. -hould the punishments differ as to their nature or form, such punishment as is the closest to that imposed in the foreign country shall #e enforced. Articl# 1-.7 Crim#% Committ#( a0ain%t Et"io+ia O,t%i(# It% T#rritor&. )his Code shall apply to any person %ho outside thiopia has committed one of the crimes against the -tate of thiopia, its safety or integrity, its institutions, essential interests or currency as defined in *ook III, )itle I, Chapter I, and under )itle C of this *ook 6!rt. :>9 +:A< and !rt. >55+>7'7.

Articl# 14.7 Crim#% Committ#( In a For#i0n Co,ntr& '& an Et"io+ian En8o&in0 Imm,nit&. 617 -u#"ect to the provision of !rticle 1>, this Code shall apply to a mem#er of the thiopian diplomatic or consular service, an thiopian official or agent %ho cannot #e prosecuted at the place of commission of the crime #y virtue of international principles of immunity, %here he committed in a foreign country a crime punisha#le #oth under the thiopian Code and under the la% of the country %here it %as committed. 6:7 ?here, according to either the foreign la% or this Code, the crime is punisha#le upon a formal complaint no proceedings may #e instituted %here such complaint has not #een lodged. Articl# 13.7 Crim#% Committ#( in a .For#i0n Co,ntr& '& a M#m'#r o* t"# D#*#nc# Forc#%.

617 ?here a mem#er of the thiopian Defence .orces in such capacity commits a crime against the ordinary la% In a foreign country he shall #e su#"ect to the ordinary la% and territorial "urisdiction if he is arrested and tried in the country %here the crime %as committed. If he has taken refuge in thiopia, he shall #e tried in accordance %ith the provision of !rticle :1 6:7 of this Code. 6:7 In cases of crimes against international la% and specifically military crimes as defined in !rticle :A9+>::, the mem#er of the Defence .orces shall remain su#"ect to national la%, and #e tried under the provisions of this Code #y thiopian military courts. Articl# 1:.7 E**#ct o* For#i0n !#nt#nc#%.

(1) ?here a +criminal %ho is su#"ect to thiopia,s principal "urisdiction 6!rts. 11,1>,1' 617 and 15 6:77 ha- #een sentenced in a foreign country, he may #e tried and sentenced again on the same charge in thiopia, B he is found in thiopia or %as e(tradited to it. 6:7 Bis discharge or ac$uittal in a foreign country shall #e no #ar to a fresh trial or sentence #eing passed in thiopia in accordance %ith this Code. 6>7 ?here #y reason of the crime committed, the criminal has already #een convicted In a foreign country and has undergone the %hole or part of the punishment, the Court shall deduct the punishment already undergone from the ne% sentence to #e passed. !,'7%#ction II.7 Articl# !,'%i(iar& A++lication A0ain%t

1<.7Crim#% Committ#( O,t%i(# Et"io+ia Int#rnational La1 or Uni.#r%al Or(#r. thiopia8

617 !ny person %ho has committed outside

6a7 a crime against international la% or an international crime specified in thiopian legislation, or an international treaty or a convention to %hich thiopia has adhered5 or 6#7 a crime against pu#lic health or, morals specified in !rticles 5:5, 599, A>5, A>A, A'< or A'1 of this Code5 shall #e lia#le to trial, in thiopia in accordance %ith the provisions of this Code and su#"ect to the general conditions mentioned hereinafter 6!rts. 19 and :<6:77 unless a final "udgment has #een given after #eing prosecuted in the foreign country. 6:7 /othing in this !rticle shall affect the provisions of !rticles 1' and 156:7. Articl# 1=.7 Ot"#r Crim#% Committ#( O,t%i(# Et"io+ia .

617 )his Code shall also apply to any person %ho has committed a crime outside thiopia against an thiopian national or to any thiopian national %ho has committed outside thiopia a crime .of another kind than those specified in the foregoing !rticles, if the criminal %as not tried in the foreign country for the crime, provided that8 6a7 the act to #e tried is prohi#ited #y the la% of the -tate %here it %as committed and #y thiopian la%5 and 6#7 it is of sufficient gravity under the latter la% to "ustify e(tradition. 6:7 In the case of all other crimes committed outside thiopia #y a foreign national, the criminal shall, save as other%ise e(pressly provided, failing e(tradition, #e prosecuted and tried only if the crime is punisha#le under thiopian la% %ith death or %ith rigorous imprisonment for not less than ten years. Articl# 12.7 Con(ition% *or !,'%i(iar& A++lication.

617 )his Code shall apply %here8 6a7 the complaint #y the victim or his dependants %as lodged %hen it is a condition for prosecution under the la% of the place of commission of the crime or under thiopian la%, 6#7 the criminal is %ithin the territory of thiopia and has not #een e(tradited, or e(tradition to thiopia %as o#tained #y reason of the crime committed5 and 6c7 the crime %as not legally pardoned in the country of commission and that prosecution is not #arred either under the ta% of the country %here the crime %as committed or under thiopian la%. 6:7 )he condition specified under su#+article 1 6a7 and 6c7 of this !rticle need not necessarily #e satisfied as regards the lands of crimes pro%led for under !rticle 17 and 196:7 of this code. 6>7 )he prosecution shall consult %ith the 2inister of 3ustice #efore instituting proceedings. 6'7 In case of disparity #et%een the punishments prescri#ed under this Code and the la% of the country of commission, the punishment to #e imposed shall #e the one, %hich is more favoura#le to the accused. Articl# 20.7 E**#ct o* For#i0n !#nt#nc#%.

617 In all cases %here thiopian courts have a su#sidiary "urisdiction only 6!rts.15617, 17 and 197, the criminal cannot #e tried and sentenced in thiopia if he %as regularly ac$uitted or discharged for the same act in a foreign country. 6:7 If the criminal %as tried and sentenced in a foreign country #ut did not undergo his punishment, or served only part of it in the said country, the punishment, or the remaining part thereof, may #e enforced according to the forms prescri#ed #y this Code, if it is

not #arred #y limitation under this Code or the la% of ?e country of commission. )he provisions of !rticle 1: 6>7 shall apply mutatis mutandis to this !rticle. !,'7%#ction III.7 4#n#ral Pro.i%ion% Articl# 21.7 E;tra(ition. 617 !ny foreigner %ho commits an ordinary crime outside the territory of thiopia and %ho takes refuge in thiopia may #e e(tradited in accordance %ith the provisions of the la%, treaties or international custom5 e(tradition shall #e granted on the application made in proper form #y the -tate %here the crime %as committed for the purpose of trial under the territorial la% %hen the crime does not directly and principally concern the thiopian -tate 6!rt. 1>7. 6:7 /o thiopian national having that status at the time of the commission of the crime or at the time of the re$uest for his e(tradition may #e handed over to a foreign country. Bo%ever, he shall #e tried #y thiopian courts under thiopian la%. 6>7 In all cases %here a crime raises a $uestion of e(tradition the re$uest shall #e dealt %ith In accordance %ith thiopian 4a% and e(isting treaties. Articl# 22.7 R#co0nition o* For#i0n !#nt#nc#%.

617 .oreign criminal sentences may #e taken into account as regards antecedents and aggravating circumstances, the granting or revocation of an order for conditional release, recidivism and its punishment, the enforcement of safety measures, incapacities and forfeitures, conditions as to reinstatement, as %ell as compensation, restoration of property and other civil effects and all other legal conse$uences provided #y this Code. 6:7 )he foreign sentence shaft not #e recogni&ed unless passed #y an ordinary Court and not #y a special tri#unal for a crime punisha#le under this Code and its validity has #een recogni&ed #y the appropriate thiopian authority. -uch recognition may #e made on the #asis of a certified e(tract from the "udgment register of the criminal or of the "udgment pronounced or #y means of an official attestation delivered #y the "udicial or e(ecutive foreign authority, or in any other relia#le manner. TITLE II THE CRIME AND IT! COMMI!!ION CHAPTER I THE CRIME Articl# 2-.7 Crim#%.

617 ! crime is an act, %hich is prohi#ited and made punisha#le #y la%. In this Code, an act consists of the commission of %hat is prohi#ited or the omission of %hat is prescri#ed #y la%. 6:7 ! crime is only completed %hen all its legal, material and moral ingredients are present. 6>7 /ot%ithstanding the provision of su#+article 6:7 of this !rticle, a "uridical person shall #e criminally lia#le to punishment under the conditions laid do%n in !rticle >' of this Code. 6'7 ! crime is punisha#le %here the Court has found the crime proved and deserving of punishment. Articl# 24.7 R#lation%"i+ o* Ca,%# an( E**#ct.

617 In all cases %here the commission of a crime re$uires the achievement of a given result, the crime shall not #e deemed to have #een committed unless the result achieved is the conse$uence of the act or omission %ith %hich the accused person is charged. )his relationship of cause and effect shall #e presumed to e(ist %hen the act %ithin the provisions of the la% %ould, in the normal course of things, produce the result charged. 6:7 ?here there are preceding, concurrent or intervening causes, %hether due to the act of a third party or to a natural or fortuitous event, %hich are e(traneous to the act of the accused, this relationship of cause and effect shall cease to e(ist %hen the e(traneous cause in itself produced the result. If, in such a case, the act %ith %hich the accused person is charged in itself constitutes a crime he shall #e lia#le to the punishment specified for such a crime. 6>7 1elationship of cause and effect shall #e presumed to e(ist #et%een each cause specified under su#+article 6:7 a#ove and the result achieved, %hen the result is the cumulative effect of these causes, even though each cause cannot independently produce the result. Articl# 23.7 Plac# an( Tim# o* t"# Crim#. 617 ! crime is committed at the place %here and at the time %hen the criminal performed or failed to perform the act penali&ed #y criminal la%. !n attempt is committed at the place %here and at the time %hen the criminal performed or failed to perform the preliminary acts8 %hich constitute such an attempt. 6:7 ?ith regard to non+instantaneous crimes %here the act and the criminal result do not coincide the crime is deemed to have #een committed #oth at the place of the unla%ful act and that of its result.

-imilarly, an attempt is deemed to have #een committed #oth at the place %here the criminal attempted the crime and the place he intended the result to #e produced. .or purposes of prosecution, the "urisdiction of the place %here the result %as achieved is su#sidiary to that of the place of commission. 6>7 ?hen a com#ination or repetition of criminal acts is an element of an ordinary or aggravated crime as provided under !rticle A1, or %hen the act is pursued over a period of time, the place %here and the time %hen the crime is committed shall #e the place %here and the time %hen one of the com#ined or repeated acts or part of the acts pursued is committed. CNAPTER II DE4REE! IN THE COMMI!!ION OF THE CRIME Articl# 2:.7 Pr#+arator& Act%.

!cts %hich are committed to prepare or make possi#le a crime, particularly #y procuring the means or creating the conditions for its commission are not usually punisha#le, ho%ever, such acts ace punisha#le %here8 6a7 in themselves they constitute a crime defined #y la%5 or 6#7 they e(pressly constitute a special prime #y la% o%ing to their gravity or the general danger they entail, Articl# 2<.7 Att#m+t/

617 ?hoever intentionally #egins to commit a crime and does not pursue or is una#le to pursue his criminal activity to its end, or %ho pursues his criminal activity to its end %ithout achieving the result necessary for the completion of the crime shad #e guilty of an attempt. )he crime is deemed to #e #egun %hen the act performed dearly aims, #y %ay of direct conse$uence, at 2s commission. 6:7 !n attempted crime is al%ays punisha#le save as is other%ise provided #y la%, ! mere attempt to instigate or assist in a crime does not come %ithin the provisions of the la% unless it is e(pressly provided to the contrary. (3) ?ithout pre"udice to the provisions of !rticle 117, in the case of an attempted crime the criminal is lia#le to the punishment attaching to the crime he intended to commit8 Provided that if circumstances so 3ustify the Court may reduce the punishment %ithin the limits provided #y la% 6!rt. 1797.

Articl# 2=.7 R#n,nciation an( Acti.# R#+#ntanc#. 617 If a criminal of his o%n free %ill renounces the pursuit of his criminal activity the Court shall reduce the punishment %ithin the limits provided #y la% 6!rt. 1797 or %ithout restriction 6!rt. 19<7 if circumstances so "ustify. /o punishment shall #e imposed if the renunciation %as prompted #y reasons of honesty or high motives. 6:7 If a criminal, having completed his criminal activity, of his o%n free %ill prevents, or contri#utes to prevent the conse$uent result, the Court shall %ithout restriction reduce the punishment 6!rt. 19<7. 6>7 )his !rticle shall also apply to an instigator or an accomplice 6!rts. >A and >77 %ho of his o%n free %ill renounced the pursuit of his criminal activity or has done everything incum#ent upon him to prevent the commission of the crime8 Articl# 22.7 Crim# Im+o%%i'l# o* Com+l#tion. ?hen a criminal has attempted to commit a crime #y means or against an o#"ect of such nature that the commission of the crime %as a#solutely impossi#le, the Court shall, %ithout restriction, reduce the punishment 6!rt. 19<7. /o punishment shall #e imposed %hen the criminal, from superstition or o%ing to the simplicity of his mind acted #y using means or processes, %hich could in no case have a harmful effect. )he a#ove provisions of this !rticle shall similarly apply to an instigator or an accomplice. Articl# -0.7 !+#cial Ca%# o* Att#m+t.

?hen the acts done in an attempt to commit a crime in themselves constitute a separate crime the punishment attaching thereto shall #e applied. Articl# -1.7 Di%cr#tionar& Po1#r o* t"# Co,rt.

In determining the punishment to #e imposed or, %here appropriate, in reducing it %ithin the limits allo%ed #y la%, or, in special cases, in imposing no punishment %here an attempt %as a#andoned or failed, the Court shall take into account all relevant circumstances. It shall in particular, take into consideration the stage reached in the carrying out of the attempt and the danger it represented, the reasons for %hich it failed, the motives %hich prompted the renunciation or the active repentance of the criminal, as %ell as his antecedents and the danger he represents to society. CHAPTER III PARTICIPATION IN THE COMMI!!ION OF A CRIME

Articl# -2.7 Princi+al Criminal. 617 !ny person shall #e regarded as having committed a crime as a principal criminal and punished as such if8 6a7 he actually commits the crime either directly or indirectly, in particular #y means of an animal or a natural force5 or 6#7 he %ithout performing the criminal act itself fully associates himself %ith the commission of the crime and the intended result5 or 6c7 he employs an infant or a person %ho is mentally deficient or una%are of the circumstances, for the commission of a crime or compels another person to commit a crime. 6:7 ?here the crime committed goes #eyond the intention of the criminal he shall #e tried in accordance %ith !rticle 596>7. 6>7 ?here t%o or more persons are involved as principal criminals in the commission of a crime, each shall #e lia#le to the punishment attaching thereto. )he Court shall take into account the provisions governing the effect of personal circumstances 6!rt. '17 and those governing the a%ard of punishment according to the degree of individual guilt 6!rt. 997. Articl# --.7 Partici+ation in Ca%#% o* !+#cial Crim#%.

!n accused person may #e prosecuted as a principal criminal %hen, #y his acts, he fully participated %ith kno%ledge and intent in the commission of a crime %hich can #e committed only #y certain specified persons, in particular #y a mem#er of the Defence .orces in. the case of military crimes, or #y a pu#lic servant in respect of crimes against pu#lic office, or only #y a male person in the case of rape. Articl# -4.7 Partici+ation o* a >,ri(ical P#r%on in a Crim#.

617 ! "uridical person other than the administrative #odies of the -tate is punisha#le as a principal criminal, an instigator or an accomplice %here it is e(pressly provided #y ta%. ! "uridical person shall #e deemed to have committed a crime and punished as such %here one of its officials or employees commits a crime as a principal criminal, an instigator or an accomplice in connection %ith the activity of the "uridical person %ith the intent of promoting its interest #y an unla%ful means or #y violating its legal duty or #y unduly using the "uridical person as a means. 6:7 )he "uridical person is punisha#le %ith fine under su#+article 6>7 or su#+article 6'7 of !rticle 9< of this Code5 and, %here necessary, an additional penalty may #e imposed to suspend, close or %ind tip the "uridical person.

6>7 )he punishment of the "uridical person shall not e(clude the penalty to #e imposed on its officials or employees for their personal criminal guilt. 6'7 .or the purpose of this !rticle D"uridical personD means a #ody %hich has governmental or non+governmental, pu#lic or private structure and includes any legally recogni&ed institution or association set up for commercial, industrial, political, religious or any other purpose. Articl# -3.7 Coll#cti.# Crim#%. ?here t%o or more persons commit a crime in concert, the person %ho is proved to have taken no part in the commission of the crime shall not #e punished. Bo%ever, %here a crime such as conspiracy or #ra%l is committed #y a group of persons, the person %hose presence in the group is proved shall #e e(empt from punishment only if he proves that he has taken no part in the commission of the crime. Articl# -:.7 Incit#m#nt. 617 ?hoever intentionally induces another person %hether #y persuasion, promises, money, gifts, and threats or other%ise to commit a crime shall #e regarded as guilty of having incited the commission of the crime. 6:7 )he person %ho incited the commission of a crime shall #e lia#le to punishment provided the crime %as at least attempted. 6>7 )he punishment to #e imposed shall #e that provided #y la% for the intended crime. It may #e reduced %ithin the limits specified #y la% if the circumstances of the ease "ustify such a reduction 6!rt. 1797. 6'7 ?hen the person %ho committed the crime %ent #eyond %hat %as intended #y the instigator, the latter shall #e lia#le to punishment only for the crime he intended or could foresee 6!rt. 596>77. )he actual criminal shall alone #e ans%era#le for the more serious crime %hich he committed. Articl# -<.7 Accom+lic#. 617 !n accomplice is a person %ho intentionally assists a principal criminal either #efore or during the carrying out of the criminal design, %hether #y information, advice, supply of means or material aid or assistance of any kind %hatsoever in the commission of a crime. 6:7 !n accomplice in an intentional crime shall al%ays #e lia#le to punishment. 6>7 )he accomplice shall #e lia#le to punishment provided the crime %as at least attempted.

6'7 )he punishment to #e imposed shall #e the punishment for the crime in so far as such crime does not go #eyond the accomplice,s intention 6!rt. 596>775 )he Court may, taking into account the circumstances of the case, reduce the punishment in respect to an accomplice %ithin the limits specified #y la% 6!rt. 1797. 657 ?hen the person %ho committed the crime %ent #eyond %hat %as intended #y the accomplice the latter shall #e lia#le to punishment only for the crime he intended or could foresee 6!rt. 596>7. )he actual criminal shall alone #e ans%era#le for the more serious crime %hich he committed. Articl# -=.7Criminal Con%+irac&. 617 ?here t%o or more persons enter into an agreement to commit a crime the provisions regarding participation and aggravation of punishment due to the a#ove+mentioned circumstances are applica#le 6!rt. 9'6176d77. 6:7 )he foregoing provision shall, ho%ever, not affect the provisions contained in the -pecial Part of this Code relating to conspiracies against the essential interests of the -tate and its defence, the forming of unla%ful associations and the participation therein, as %ell as to the organi&ation of gangs or associations of %rongdoers 6!rt. :57, :7', ><< and '797. Articl# -2.7 Fail,r# to R#+ort. 617 .ailure to report the preparation, attempt or commission of a crime or of the person %ho committed the crime, shall not #e lia#le to punishment as an act of an accessory after the fact or an accomplice e(cept in the cases e(pressly provided #y la% 6!rt. :5' and >>57. 6:7 )he provisions regarding the failure to report to the authorities in the cases specified under !rticle ''> shall apply. 6>7 )he a#ove+mentioned o#ligations are to #e construed in a restricted manner. Articl# 40.7 Acc#%%or& A*t#r t"# Fact.

?hoever after a crime has #een committed assists a criminal either #y hiding him or helping him to escape prosecution or punishment or #y receiving the proceeds of his crime, shall #e punished in accordance %ith the provisions of the -pecial Part of this Code dealing %ith such acts 6!rts. ''5, 'A< and A9:7 Articl# 41.7 Circ,m%tanc#%. Non7tran%mi%%i'ilit& o* P#r%onal

In case of, participation %hether as principal or secondary participant in a crime, each of the participants shall #e punished for his o%n act, according to the e(tent of his

participation, his degree of guilt and the danger %hich his act and his person represent to society. -pecial circumstances or personal incidents or relationships %hich have the effect of e(cluding punishment or "ustify its reduction or increase are not transmissi#le to another person. )hey operate to the #enefit or the detriment sotely of the person to %hom they attach. CHAPTER I? PARTICIPATION IN CRIME! RELATIN4 TO THE MA!! MEDIA 617 /ot%ithstanding the provisions of !rticles >:+'1, the provisions of this Chapter shall apply in the case of crimes relating to the mass media %ith a vie% to ensuring freedom of e(pression %hile preventing a#use. 6:7 Crimes relating to the mass media are those %hich are committed #y means of ne%spapers, #ooks leaflets, "ournals, posters, pictures, cinemas, radio or television #roadcasting or any other means of mass media. 6>7 )he crimes may #e committed against the honour of other persons, pu#lic or private safety or any other legal right protected #y criminal la%, and are committed %here communication is made to the pu#lic through the mass media. Articl# 4-.7 Lia'ilit& *or Crim#% Committ#( t"ro,0" t"# Ma%% M#(ia. 617 Criminal lia#ility for crimes committed through periodicals shall #e as follo%s8 6a7 a person %ho %as registered as editor in chief or deputy editor %hen the periodical %as pu#lished shall #e lia#le5 6#7 if no license e(isted %hen the periodical %as pu#lished or if the editor+in+chief lia#le under su#+article 6176a7 %as no longer $ualified or has other%ise ceased to function as editor+in+ chief the pu#lisher shall #e lia#le5 6c7 the pu#lisher shall like%ise #e lia#le in cases in %hich the editor+in +chief %as appointed merely for the sake of appearance, or %as other%ise manifestly not in a position of e(ercising his po%ers at the time the periodical %as pu#lished5 6d7 if a deputy acting as chief editor %as not longer $ualified at the time the periodical %as pu#lished, or if his appointment had other%ise e(pired, or if he is una#le to e(ercise his po%ers the editor+in+chief shall #e lia#le5 6e7 %here it is impossi#le to esta#lish the identity of the pu#lisher at the time of the pu#lication of the periodical, the printer of the periodical shall #e lia#le in lieu of the pu#lisher5 6f7 %hen a person disseminated a periodical %hich does not indicate %ho the printer %as, or if such a statement is kno%n to the disseminator to #e incorrect, and if the identity of the

printer cannot #e ascertained, the disseminator is lia#le in lieu of the printer5 6g7 in case of periodicals pu#lished a#road, the importer other than a person %ho imports the products for his personal use or any person %ho disseminates the press product shall #e lia#le5 6:7 Criminal lia#ility for crimes committed through non+periodical printed matters shall #e as follo%s8 6a7 %hen crime is committed #y means of printed matter other than a periodical the author is lia#le, provided that he has #een named as the author of the matter. )he author shall not #e lia#le if the matter %as pu#lished %ithout his consent or if his name, pen+name, or pseudonym appeared therein against his %ishes5 )he $uestion %ho the author is may #e raised in legal proceedings concerning crimes committed through pu#lications other than periodicals. 6#7 if the author under su#+article 6:76a7 of this !rticle is not lia#le for matter %hich includes or is intended to include contri#utions #y several authors, and if a responsi#le editor had #een nominated in a manner prescri#ed #y la%, the responsi#le editor shall #e lia#le5 6c7 in the case of printed matter other than printed matter under su#+article 6:76#7 of this !rticle, the responsi#le editor shall #e lia#le only if the author %as dead at the time of pu#lication. Bo%ever, the responsi#le editor is not lia#le if his name, pseudonym, or pen+name appeared against his consent5 6d7 the responsi#le editor of printed matter other than a periodical is taken to #e the person %ho, %ithout kno%ing the author, delivers it for printing and pu#lication5 6e7 if neither the author nor the responsi#le editor under su#+ article 6:76a7, 6#7and 6c7 of this !rticle is lia#le, or if he %as dead %hen the matter %as pu#lished, the pu#lisher is lia#le5 the pu#lisher of printed matter other than a periodical is taken to #e the person %ho has undertaken to print and pu#lish the %ritings of another5 6f7 if there is no pu#lisher, or the identity of the pu#lisher cannot #e ascertained, the printer of the material is lia#le in lieu of the pu#lisher5 6g7 the provision of su#+article 6:76f7 of this !rticle shall apply also in corresponding manner to the lia#ility of a disseminator of printed matter other than a periodical. 6>7 4ia#ility for crimes committed through #roadcasting media shall rest %ith the person in charge of the programme5 failing him, the licensee shall #e lia#le. 6'7 If the person %ho %ould have #een lia#le under !rticle '> 617, 6:7 or 6>7 at the time of pu#lication has no kno%n place of a#ode in thiopia, and if his present %herea#outs cannot #e ascertained

in the prosecution of the case, lia#ility shall pass to the person ne(t lia#le after him. 657 In determining the lia#ility of a person under this !rticle for the crime committed through the product of mass media, the content of the matter shall #e deemed to have #een inserted, pu#lished or disseminated %ith his full kno%ledge and consent. /o proof to the contrary may #e admitted in such a case. Articl# 44.7 !+#cial Criminal Lia'ilit& o* t"# A,t"or/ Ori0inator/ or P,'li%"#r. 617 ?ithout pre"udice to the provisions of !rticle '>, any person %ho, #y contri#uting as author, originator or pu#lisher, to the product pu#lished or diffused through mass media, participates in the commission of crimes8 armed rising or civil %ar 6!rt :'<7, treason 6!rts. :'9+:5<7, espionage 6!rt. :5:7 attempted incitement and assistance 6!rt. :557, provocation and preparation 6!rt. :577, crimes against humanity 6!rts. :A9 + :7'7, incitement to disregard military order 6!rt. >>:7, disclosure of military secrets 6!rt >>A7, #reaches of military and official secrecy 6!rts. >9A and >977, inciting the pu#lic through false rumours 6!rt '9A6#77, or the deli#erate disregard for an o#ligation to maintain secrecy specified #y la%, shall #e criminally lia#le. 6:7 In such a case the provisions of this Code concerning participation shall apply to persons %ho committed the crime as a principal criminal, an instigator or an accomplice. Articl# 43.7 !#cr#c& o* t"# I(#ntit& o* a !o,rc#.

617 )he editor or pu#lisher of any pu#lication, %hich is not periodical, may not #e compelled to disclose the name or pen+ name of the author. 6:7 )he pu#lisher or editor of any pu#lication may not #e compelled to disclose the source of any matter printed in pu#lication. 6>7 /ot%ithstanding the provision of su#+article 6:7 of this article, the Court may order the pu#lisher or editor of the pu#lication to disclose the source of information8 6a7 %here a crime is committed against the Constitutional Erder, /ational Defence .orce or security of the -tate constituting clear and imminent danger, or 6#7 in the case of proceedings of a serious crime, %here such source does not have any alternative and is decisive for the outcome of the case. Articl# 4:.7 E;cl,%ion o* Do,'l# Lia'ilit&. )he punishment of one of the parties responsi#le in the order fi(ed #y la% shall e(clude lia#ility to punishment of the other parties for the same act. Bo%ever, no "uridical person shall escape criminal lia#ility either alone or "ointly %ith any criminal listed in the order fi(ed #y la%.

Articl# 4<.7 Imm,nit&. )he author, pu#lisher or diffuser of a true record or representation, %hich is correct in form, of pu#lic de#ates or acts of a legislative, administrative or "udicial authority the diffusion of %hich is not e(pressly prohi#ited #y la% or #y a specific decision shall not #e lia#le to punishment. TITLE III CONDITION! OF LIA ILIT@ TO PUNI!HMENT IN RE!PECT OF CRIME! CHAPTER I CRIMINAL RE!PON!I ILIT@ !#ction I.7 Articl# 4=.7 Or(inar& R#%+on%i'ilit& Criminal R#%+on%i'ilit& an( Irr#%+on%i'ilit&.

617 )he criminal %ho is responsi#le for his acts is alone lia#le to punishment under the provisions of criminal la%. 6:7 ! person is not responsi#le for his acts under the la% %hen, o%ing to age, illness, a#normal delay in his development, deterioration of his mental faculties, one of the causes specified under !rticle '9 su#+article 1 or any other similar #iological cause, he %as incapa#le at the time of his act, of understanding the nature or conse$uences of his act, or of regulating his conduct according to such understanding. 6>7 )he Court may order in respect of an irresponsi#le person such suita#le measures of treatment or protection as are provided #y la% 6!rts. 1:9+1>17. 42.7 Partial R#%+on%i'ilit&.

617 Be %ho o%ing to one of the causes specified under !rticle '9 su#+article 6:7 a#ove, or a derangement or an a#normal or deficient condition or any other similar #iological cause %as, at the time of his act, partially incapa#le of understanding the nature or conse$uences thereof or regulating his conduct according to such understanding shall #e partially lia#le to the punishment specified for the crime committed. )he court shall determine the sentence in accordance %ith !rticle 19<. 6:7 In addition to a penalty the Court may order such appropriate measures of treatment, correction or protection as are provided #y la% 6!rts. 1:9+1>17. Articl# 30.7 Crim#% Committ#( in a !tat# o* Irr#%+on%i'ilit& Ca,%#( '& Into;ication or Ot"#r !imilar Con(ition%. 617 )he provisions e(cluding or reducing lia#ility to punishment shall not apply to any person %ho, in order to commit a crime or

kno%ing that he could commit a crime, intentionally put himself into a condition of a#solute irresponsi#ility or of limited responsi#ility #y means of alcohol or drugs or any other means. )he general provisions of this Code are applica#le in such a case. 6:7 If a criminal #y his o%n fault has put himself into a condition of a#solute irresponsi#ility or of limited responsi#ility %hile he %as a%are, or could or should have #een a%are, that he %as e(posing himself, in such a condition, to the risk of committing a crime, he shall #e tried and punished under the ordinary provisions governing negligence, if the crime committed is punisha#le on such a charge 6!rt. 597. 6>7 In the case of a crime %hich %as neither contemplated nor intended and %as committed in a state of a#solute irresponsi#ility into %hich the criminal put himself #y his o%n fault, the provision of !rticle '91 of the -pecial Part of this Code relating to crimes against pu#lic safety shall apply. 6'7 /o person shall #e lia#le to punishment %here he commits a crime %hile in a state of a#solute irresponsi#ility, into %hich he has #een coerced or for %hich he has no fault on his part. Articl# 31.7 E;+#rt E;amination in Do,'t*,l Ca%#%. 617 ?hen there is a dou#t as to the responsi#ility of the accused person, %hether a#solute or partial, the Court shall o#tain e(pert evidence and may order an en$uiry to #e made as to the character, antecedents and circumstances of the accused person. -uch evidence shall #e o#tained particularly %hen the accused person sho%s signs of a deranged mind or epilepsy, is deaf and dum# or is suffering from chronic into(ication due to alcohol or due to drugs. 6:7 )he e(pert or e(perts shall #e appointed #y the. Court under the ordinary rules, of procedure. )he Court shall define their terms of reference and the matters to #e elucidated. )he e(pert evidence shall descri#e the present condition of the accused person and its effect upon his faculties of "udgment and free determination. It shall, in addition, afford guidance to the Court as to the e(pediency and the nature of medical treatment or safety measures. 6>7 En the #asis of the e(pert evidence the Court shall make such decision as it thinks fit. In reaching its decision it shall #e #ound solely #y definite scientific findings and not #y the appreciation of the e(pert as to the legal inferences to #e dra%n therefrom. !#ction II.7 Articl# 32.7 In*ant% an( >,.#nil# D#lin9,#nt% In*anc&$/ E;on#ration *rom Criminal Pro.i%ion%.

Infants %ho have not attained the age of nine years shall not #e deemed to #e criminally responsi#le. )he provisions of this Code -hall not apply to them. ?here a crime is committed #y an infant, appropriate steps may #e taken #y the family, school or guardianship authority. Articl# 3-.7 !+#cial Pro.i%ion% A++lica'l# to @o,n0 P#r%on%.

617 ?here a crime is committed #y young persons #et%een the ages of nine and fifteen years, the penalties and measures to #e imposed #y the courts shall #e only those provided in !rticles 157+1A9 of this Code. Foung persons shall not #e su#"ect to the ordinary penalties applica#le to adults nor shall they #e kept in custody %ith adult criminals. 6:7 )he provisions of !rticles 159+1A9 of this Code shall not apply unless the criminal is convicted. Bo%ever, %here the young person is irresponsi#le, the provisions of !rticles 1:9+1>> shall apply. Articl# 34.7 E;+#rt E.i(#nc# an( En9,ir&. 617 .or the purpose of assessing sentence the Court may re$uire information a#out the conduct, education, position and circumstances of the young criminal. It may e(amine his parents as %ell as the representatives of the school, guardianship authorities and the institutions concerned. )he Court may re$uire from the a#ove+mentioned persons and institutions the production of any files, particulars, medical and social reports in their possession concerning the young person and his family. 6:7 )he Court #efore passing penalties or measures may order the young criminal to #e kept under o#servation in a medical or educational centre, a home or any other suita#le institution. )he Court may re$uire the production of e(pert evidence regarding the physical and mental condition of the young person. )he Court shall put such $uestions as may #e necessary to any e(pert for the purpose of informing itself as to the physical and mental state of the young person and in$uire %hat treatment and measures of an educational, corrective or protective kind %ould #e most suita#le. 6>7 In reaching its decision the Court shall #e #ound solely #y definite scientific findings and not #y the appreciation of the e(pert as to the legal inferences to #e dra%n. Articl# 33.7 A%%#%%m#nt o* !#nt#nc#. In assessing the penalties or measures the Court shall take into account the age, character, degree of mental and moral

development of the young criminal, as %ell as the educational value of the penalties or measures to #e applied. )he Court may vary its order %henever it is of the opinion that this %ill help to achieve #etter results 6!rt. 1A'7. Articl# 3:.7 Criminal% O.#r Fi*t##n ',t Un(#r Ei0"t##n @#ar% o* A0#.

617 If at the time of the commission of the crime the criminal %as over fifteen #ut under eighteen years of age, he shall #e tried under the ordinary provisions of this Code. 6:7 )he Court may, in assessing sentence, take into account the circumstances of the case, in particular the age of the criminal, his incorrigi#le or dangerous disposition and the likelihood of his reform, either #y applying the general provisions regarding ordinary mitigation of penalties 6!rt. 1797 or #y applying one of the special penalties specified for young persons 6!rts. 1AA+1A97. CHAPTER II CRIMINAL 4UILT !#ction I.7 Articl# 3<.7 Int#ntion/ N#0li0#nc# an( Acci(#nt

Princi+l#A Criminal Fa,lt an( Acci(#nt.

617 /o one can #e punished for a crime unless he has #een found guilty thereof under the la%. !, person is guilty if, #eing responsi#le for his acts, he commits a crime either Intentionally or #y negligence. 6:7 /o one can #e convicted under criminal la% for an act penali&ed #y the la% if it %as performed or occurred %ithout there #eing any guilt on his part, or %as caused #y force ma"eure, or occurred #y accident. !,'7%#ction 1.7 4,ilt in Ca%# o* a !im+l# Crim# Articl# 3=.7 Criminal Int#ntion.

617 ! person is deemed to have committed a crime intentionally %here8 6a7 he performs an unla%ful and punisha#le act %ith full kno%ledge and intent in order to achieve a given result5 or 6#7 he #eing a%are, that his act may cause illegal and punisha#le conse$uences, commits the act regardless that such conse$uences may follo%. 6:7 !n intentional crime is al%ays punisha#le save in cases of "ustification or e(cuse e(pressly provided #y la% 6!rts. A9+917.

6>7 /o person shall #e convicted for %hat he neither kne% of or Intended, nor for %hat goes #eyond %hat he intended either directly or as a possi#ility, su#"ect to the provisions governing negligence. Articl# 32.7 Criminal N#0li0#nc#. 617 ! person is. deemed to have committed a criminal act negligently %here #e acts8 6a7 #y imprudence;or in disregard of the possi#le conse$uences of his act %hile he %as a%are that his act %ith cause illegal and punisha#le conse$uences5 or 6#7 #y a criminal tack of foresight or %ithout consideration %hile he should or could have #een a%are that his act may cause illegal and punisha#le conse$uences. ! person is guilty of criminal negligence %hen, having regard to his personal circumstances, particularly to his age, e(perience, education, occupation and rank, he fails to take such precautions as might reasona#ly #e e(pected in the circumstances of the case. (2) Crimes committed #y negligence are lia#le to punishment only if the la% so e(pressly provides #y reason of their nature, gravity or the danger they constitute to society. )he Court shall assess sentence according to the degree of guilt and the dangerous character of the criminal, and according to his reali&ation of the possi#le conse$uences of his act or his failure to appreciate such conse$uences as he ought to have done. !,'7%#ction II.7 Criminal 4,ilt in Ca%# o* Conc,rr#nc# an( R#ci(i.i%m Articl# :0.7 Conc,rr#nt Crim#%. ! person commits concurrent crimes8 in cases of material concurrence, %hen the criminal successively commits t%o or more similar or different crimes, %hatever their nature5 or #7 in cases of notional concurrence, %hen the same criminal act simultaneously contravenes several criminal provisions or results in crimes %ith various material conse$uences5 or c7 in the case of a criminal act %hich, though flo%ing from the same criminal intention or negligence and violating the same criminal provision, causes the same harm against the rights or interests of more than one person. Articl# :1.7 Unit& o* 4,ilt an( P#nalt&. 617 )he same criminal act or a com#ination of criminal acts against the same legally protected right flo%ing from a single criminal intention or negligence, cannot #e punished under t%o or more a7

concurrent provisions of the same nature if one legal provision fully covers the criminal acts. 6:7 -uccessive or repeated acts against the same legally protected right flo%ing from the same initial criminal intention or negligence constitute one crime5 the criminal shall #e punished for the said crime and not for each of the, successive acts %hich constitute it. -imilarly, %here the repetition or succession of criminal acts or the ha#itual or professional nature of a crime constitutes an element of an ordinary or aggravated crime, or %here the criminal act is pursued over a period of time, the criminal shall #e regarded as having committed a single crime and not concurrent material crimes. 6>7 In cases %here the criminal is regarded to have intention to commit a specific crime, in particular %here he committed a crime on property to o#tain unla%ful enrichment or he made counterfeit currency, used it of put it into circulation or e(ecuted a forged document and used it, the su#se$uent acts performed #y the criminal himself after the commission of the main crime for the purpose of carrying out his initial criminal scheme shall not constitute a fresh crime lia#le to punishment and are merged #y the unity of intention and purpose. Articl# :2.7 R#n#1al o* 4,ilt Entailin0 a Fr#%" P#nalt&. ?hen a criminal having committed a crime as specified in !rticle A1 commits %ith rene%ed criminal intention or negligence another crime of the same kind, %hether against the same person or the same legally protected right, such crime constitutes a fresh crime and the Court shall aggravate the sentence on ground of concurrence as provided in !rticle 19'. Articl# :-.7 4,ilt in Ca%# o* R#lat#( Crim#%. ?hen a criminal commits a crime %ith the intention of causing or facilitating the commission of another punisha#le crime the provisions regarding aggravation of penalty in case of concurrence shall apply 6!rt. 19'7, %hen this has #een attempted unless such crime is declared #y la% to #e an aggravated crime. Articl# :4.7 4,ilt In Ca%# o* Ot"#r Conc,rr#nt Mat#rial Crim#%.

?here a criminal successively commits different crimes other than those specified in !rticle 9: and A>, the provisions of !rticle 19' of this Code -hall apply. Articl# :3.7 4,ilt in Ca%# o* Notional Conc,rr#nc# ?iolatin0 Di**#r#nt L#0al Pro.i%ion%.

In case of notional concurrence %here the act simultaneously contravenes different legal provisions, the punishment shall #e determined in accordance %ith !rticle 197617. Articl# ::.7 4,ilt in Ca%# o* Notional Conc,rr#nc# R#%,ltin0 in/ Crim#% 5it" ?ario,% Mat#rial Con%#9,#nc#%. 617 ?hen a given crime implying an in"ury to persons or property, or the use or arms, instruments or dangerous means, fire or e(plosives, poison or to(ic su#stances, entails an in"ury %here#y the elements constituting a second crime have materiali&ed, %hether it #e #odily in"ury, in"ury to health, death of a human #eing or the destruction of another person,s property, the Court shall apply the follo%ing principles for determining the. guilt and the penalty8 6a7 if the result achieved %as intended or foreseen and accepted #y the criminal 6!rt. 596177. ?hen he committed the first crime, he shall #e punished for #oth the first crime and the resulting crime and aggravation shall apply in accordance %ith the relevant provisions 6!rts.19' and l97 6:76a77, due regard #eing had to the com#ination of the elements constituting the t%o intentional crimes5 6#7 if an intentional crime results in a crime committed #y negligence 6!rt. 596177 there shall #e concurrence #et%een the intentional act and the resulting crime due to negligence, and the Court shall increase the penalty accordingly 6!rt.1976:76a775 6c7 if the first crime committed #y negligence results in another crime punisha#le for negligence there shall #e concurrence #et%een the crimes committed #y negligence and the Court shall aggravate the penalty accordingly 6!rt.1976:76#77. 6:7 !ggravation shall apply in particular %here criminal result %as achieved #y means endangering pu#lic safety, such as arson, e(plosion, use of e(plosives or %here communication or pu#lic health are in danger as %ell as in the case of e(posure persons, maltreatment, #ra%l, a#ortion, rape se(ual outrages 6!rts. 1976:76c7 and 19'7. Articl# :<.7 4,ilt in Ca%# o* R#ci(i.i%m. )he Court shall aggravate the penalty on ground recidivism 6!rt. 1997 %hen a fresh intentional crime the minimum penalty of %hich is si( months of simple imprisonment has #een committed %ithin five years serving a sentence of imprisonment in %hole or in part or having #een remitted #y pardon. !#ction II.7 La1*,l Act%/ >,%ti*ia'l# Act% an( E;c,%#% !,'7%#ction I.7 La1*,l Act% Articl# :=.7Act% R#9,ir#( or A,t"oriB#( '& La1.

!cts re$uired or authori&ed #y la% do not constitute a crime and are not punisha#le5 in particular8 6a7 acts in respect of pu#lic, -tate or military duties done %ithin the limits permitted #y la%5 6#7 acts reasona#ly done in e(ercising the right of correction or discipline5 or 6c7 acts done in the e(ercise of private rights recogni&ed #y la%, %here the conditions and limits of the e(ercise of such rights are not e(ceeded. Articl# :2.7 Pro*#%%ional D,t&. !n act done in the e(ercise of a professional duty is not lia#le to punishment %hen it is in accordance %ith the accepted practice of the profession and the doer does not commit any grave professional fault. !,'7%#ction II.7 Articl# <0.7 >,%ti*ia'l# Act% an( E;c,%#%

Con%#nt o* t"# ?ictim.

617 ! crime is not lia#le to punishment %here it is punisha#le upon complaint and %here it is done %ith the consent of the victim or his legal representative. 6:7 ?ithout pre"udice to the provision of !rticle 57> this Code, %hen any person, having entered into contract of his o%n free %ill %ithout any commercial purposes, donates %hile alive or causes to #e donated after his death, his #ody, a part of his #ody or one of his organs to another person for person use or to a "uridical person for appropriate and necessary scientific research or e(periment, the recipient shall not #e criminally lia#le5 Articl# <1.7A'%ol,t# Co#rcion. ?hoever, %ithout causing greater harm than could have suffered, commits a crime under a#solute coercion %hich he could not possi#ly resist, is not lia#le to punishment. )he person %ho e(ercised the coercion shall ans%er for the crime 6!rt. >:61 76c7. )he Court shall determine the e(istence of a#solute coercion, taking into account the circumstances the case, in particular the degree and nature of the coercion as %ell as the personal circumstances and the relationship of strength, age or dependency e(isting #et%een the person %ho %as su#"ected to coercion and the person %ho e(ercised it. Articl# <2.7 R#%i%ti'l# Co#rcion. If the coercion %as not irresisti#le and the person concerned %as in a position to resist it or avoid committing the act, the court shall pass sentence on the criminal 6!rt. 19<7.

Articl# <-.7 R#%+on%i'ilit& o* P#r%on 4i.in0 an Or(#r. In the case of an act committed #y a su#ordinate on the e(press order of an administrative or military superior %ho %as competent so to do, the person %ho gave the order is responsi#le for the crime committed and is lia#le to punishment, %here the su#ordinate,s act constitutes a crime and did not e(ceed the order given 6!rt. 596>77. Articl# <4.7 R#%+on%i'ilit& o* t"# !,'or(inat#. 617 )he su#ordinate shall #e lia#le to punishment if he %as a%are of the illegal nature of the order, in particular if he kne% that the order %as given %ithout authority or kne% the criminal nature of the act ordered, such as in cases of homicide, arson or any other grave crime against persons, or national security or property, essential pu#lic interests or international la%. 6:7 )he Court may, %ithout restriction, reduce the penalty %hen the person %ho performed the act ordered %as moved #y a sense of duty dictated #y discipline or o#edience5 in particular %here the duty is of a compelling nature the Court shall reduce the penalty %ithout restriction 6!rt. 19<7. )he Court may impose no punishment %here, having regard to all the circumstances and in particular to the stringent e(igencies of -tate or military discipline, the person concerned could not discuss the order received and act other%ise than he did. 6>7 In the event of an order #eing intentionally e(ceeded, the person %ho e(ceeded the order is alone responsi#le for the e(cess. Articl# <3.7 N#c#%%it&.

!n act %hich is performed to protect from an imminent and serious danger a legal right #elonging to the person %ho performed the act or a third party is not lia#le to punishment if the danger could not have #een other%ise averted. /o e(emption shall apply in the case of a similar act done #y a person having a special professional duty to protect life or health5 ho%ever, the Court may reduce the penalty %ithout restriction 6!rt. 19<7. Articl# <:.7 E;c#%% o* N#c#%%it&.

If the a#andonment of the threatened right could reasona#ly have #een re$uired in the circumstances of the case or if the encroachment upon the third party,s rights e(ceeded %hat %as necessary or if the doer, #y his o%n fault, placed himself in the situation involving danger or necessity in %hich he found himself, the Court may, %ithout restriction, reduce the penalty 6!rt. 19<7.

Articl# <<.7

Militar& !tat# o* N#c#%%it&.

617 !n act done #y an officer of a superior rank in active service to maintain discipline or secure the re$uisite o#edience in the case of a military danger and in particular in the case of a mutiny or in the face of the enemy shall not #e punisha#le if the act %as the only means, in the circumstances, of o#taining o#edience. 6:7 ?here the officer e(ceeded %hat %as re$uired in the circumstances the Court shall, %ithout restriction, reduce the penalty 6!rt. 19<7 or, if the circumstances %ere of a particularly impelling nature, may impose no punishment. Articl# <=.7 L#0itimat# D#*#nc#

!n act done in self+defence or the defence of another person against an unla%ful attack or an imminent and unla%ful attack against a legally protected right shall not #e punisha#le if the attack or imminent attack could not have #een other%ise averted and if the defence %as proportionate to the needs of the case.

Articl# <2.7

E;c#%% in L#0itimat# D#*#nc#.

617 ?hen a person in repelling an unla%ful attack or an imminent and unla%ful attack e(ceeded the limits of legitimate defence #y using disproportionate means or going #eyond the acts necessary for averting the danger, the Court shall, %ithout restriction, reduce the penalty 6!rt. 19<7. 6:7 )he Court may impose no punishment %hen the e(cess committed %as due to e(cusa#le fear, surprise or e(citement caused #y the attack. Articl# =0.7 Mi%taC# o* Fact. 617 ?hoever commits a crime under an erroneous appreciation of the true facts of the situation shall #e tried according to such appreciation. ?here there is no criminal Intention the doer shall not #e punisha#le. ?here he could have avoided the mistake #y taking such precautions as %ere commanded #y his personal position and the circumstances of the case 6!rt. 597, he shall #e punisha#le for negligence in cases %here such negligence is penali&ed #y la%. 6:7 2istake as to a fact %hich constitutes a specified crime shall not e(clude the punishment of the doer for another crime constituted #y the act he performed. 6>7 )he crime is committed %here there is a mistake as to the identity of the victim or the o#"ect of the crime. Articl# =1.7 Mi%taC# o* La1 an( I0noranc# o* La1.

617 Ignorance or mistake of la% is no defence. 6:7 )he Court shall, %ithout restriction, reduce the punishment 6!rt. 19<7 applica#le to a person %ho in good faith #elieved he had a right to act and had definite and ade$uate reasons for holding this erroneous #elief. )he Court shall determine the penalty taking into account the circumstances of the case and, in particular, the circumstances that led to the error. 6>7 In e(ceptional cases of a#solute and "ustifia#le ignorance and good faith and %here criminal intent is not apparent, the Court may impose no punishment. !#ction III.7 E;t#n,atin0 an( A00ra.atin0 Circ,m%tanc#% Articl# =2.7 4#n#ral E;t#n,atin0 Circ,m%tanc#%.

617 )he Court shall reduce the penalty, %ithin the limits allo%ed #y la% 6!rt. 1797, in the follo%ing cases8 6a7 %hen the criminal %ho previously of good character acted %ithout thought or #y reason of lack of intelligence, ignorance or simplicity of mind5 6#7 %hen the criminal %as prompted #y an honoura#le and disinterested motive or #y a high religious, moral or civil conviction5 6c7 %hen he acted in a state of great material or moral distress or under the apprehension of a grave threat or a "ustified fear, or under the influence of a person to %hom he o%es o#edience or upon %hom he depends5 6d7 %hen he %as led into grave temptation #y the conduct of the victim or %as carried a%ay #y %rath, pain or revolt caused #y a serious provocation or an un"ust insult or %as at the time of the act in a "ustifia#le state of violent emotion or mental distress5 6e7 %hen he manifested a sincere repentance for his acts after the crime, in particular #y affording succour to his victim, recogni&ing his fault or delivering himself up to the authorities, or #y repairing, as far as possi#le, the in"ury caused #y his crime, or %hen he on #eing charged, admits every ingredient of the crime stated on the criminal charge. 6:7 ?hen the la%, In a special provision of the -pecial Part, has taken one of these circumstances into consideration as a constituent element or as a factor of e(tenuation of a privileged crime, the Court may not at the same time allo% for the same circumstance to reduce the penalty applica#le thereto. Articl# =-.7 !+#cial Miti0atin0 Circ,m%tanc#%$ A**#ction R#lation%"i+%/ Famil& an(

617 In addition to the cases specified under various provisions of this Code to #e special mitigating circumstances under !rticle 19<, .the Court shall %ithout restriction, reduce the punishment 6!rt. 19<7 %hen the criminal acted in a manner contrary to the la% and in particular failed in his duty to report to the authority or afford it assistance, made a false statement or deposition or supplied false information or assisted a criminal in escaping prosecution or the enforcement of a penalty, for the purpose of not e(posing himself, one of his near relatives #y #lood or marriage or a person %ith %hom he is connected #y specially close ties of affection, to a criminal penalty, dishonour or grave in"ury. )he Court shall e(amine and determine the e(istence and ade$uate nature of the relationships invoked. (2) If the act %ith %hich the accused person is charged %as not very grave and if the ties in $uestion %ere so close and the circumstance -G impelling that they placed him in a moral dilemma of a particularly harro%ing nature the Court may e(empt him from punishment other than reprimand or %arning 6!rt.1::7. 6>7 /othing in this !rticle shall affect the provisions of !ns. :5'6'7, >>56>7 and A9: 6'7. Articl# =4.7 4#n#ral A00ra.atin0 Circ,m%tanc#%. 617 )he Court shall increase the penalty as provided #y la% 6!rt. 19>7 in the follo%ing cases5 6a7 %hen the criminal acted %ith treachery, %ith perfidy, %ith a #ase motive such as envy, hatred, greed, %ith a deli#erate intent to in"ure or do %rong, or %ith special perversity or cruelty5 6#7 %hen he a#used his po%ers, or functions or the confidence, or authority vested in him5 6c7 %hen he is particularly dangerous on account of his antecedents, the ha#itual or professional nature of his crime or the means, time, place and circumstances of its perpetration, in particular if he acted #y night or under cover of distur#ances or catastrophes or #y using %eapons, dangerous instruments or violence5 6d7 %hen he acted in pursuance of a criminal agreement, together %ith others or as a mem#er of a gang organi&ed to commit crimes and, more particularly, as chief, organi&er or ringleader5 6e7 %hen he intentionally assaulted a victim deserving special protection #y reason of his age, state of health, position or function, in particular a defence less, fee#le+minded or invalid person, a prisoner, a relative, a superior or inferior, a minister of religion, a representative of a duly constituted authority, or a pu#lic servant in the discharge of his duties.

6:7 ?hen the la%, in a special provision of the -pecial Part, has taken one of the same circumstances into consideration as a constituent element or as a factor of aggravation of a crime, the Court may not take this aggravation into account again. Articl# =3.7 !+#cial A00ra.atin0 Circ,m%tanc#%$ Conc,rr#nc# an( R#ci(i.i%m. In case of concurrence of crimes and recidivism, the penalty shall #e aggravated according to the provisions of !rticles 19'+199 of this Code. Articl# =:.7 Ot"#r 4#n#ral Circ,m%tanc#%. E;t#n,atin0 an( A00ra.atin0

)he Court shall give reasons for applying general e(tenuating 6!rt. 1797 or aggravating 6!rt. 19:7 circumstances not e(pressly provided for in this Code and shall state clearly its reasons for such application. OO6 II THE CRIMINAL PUNI!HMENT AND IT! APPLICATION TITLE I PUNI!HMENT! AND OTHER MEA!URE! AND THEIR ENFORCEMENT CHAPTER I 4ENERAL PRO?I!ION! Articl# =<.7 Princi+l#. )he penalties and measures provided #y this Code must #e applied in accordance %ith the spirit of this Code and so as to achieve the purpose it has in vie% 6!rt.17. )he penalties and measures shall al%ays #e in keeping %ith the respect due to human dignity. Articl# ==.7 Calc,lation o* !#nt#nc#.

617 )he Court shall determine the penalties and measures in conformity %ith the provisions of the 0eneral Part of this Code and the special provisions defining crimes and their punishments. 6:7 )he penalty shall #e determined according to degree of individual guilt, taking into account dangerous disposition of the criminal, antecedents, motive and purpose, his personal circumstances and standard of education, as %ell as the gravity of the crime and the circumstances of its commission.

6>7 -u#"ect to the provisions of the -pecial Part of Code, the Court shall carefully e(amine from lightest to the most severe punishment, determine only the penalty appropriate for each case. 6'7 In order to ensure the correctness and uniformity sentencing, the .ederal -upreme Court shall issue a manual relating to sentencing.

Articl# =2. 7 Minor Crim#%. In cases of minor crimes the Court may apply provisions of !rticle 1:: relating to reprimands or %arning or the provisions of the 4a% of Petty Effences. 2inor crimes are crimes %hich are punisha#le %ith simple imprisonment not e(ceeding three months or fine not more than one thousand *irr. CHAPTER II ORDIAR@ PUNI!HMENT! APPLICA LE TO ADULT! !#ction 1.7 Princi+al P,ni%"m#nt% !,'7%#ction I.7 P#c,niar& P#nalti#% Para0ra+" I.7 Fin#/ Con*i%cation an( !#9,#%tration Articl# 20.7 Fin#A Princi+l#% to '# A++li#( 5"#n Fin# Im+o%#(.

617 .ine is paid in money, and is forfeited to the -tate5 su#"ect to any provision of the la% to the contrary, it may e(tend from ten *irr to ten thousand *irr. Bo%ever, in the case of a "uridical person fine may e(tend from one hundred up to five hundred thousand *irr. 6:7 In fi(ing the amount of the fine, the Court shall take into consideration the degree of guilt, the financial condition, the means, the family responsi#ilities, the occupation and earnings therefrom, the age and health of the criminal. 6>7 ?hen the penalty provided, for #y the -pecial Part of this Code is only imprisonment and the criminal is a "uridical person, the punishment shall #e a fine not e(ceeding ten thousand *irr for a crime punisha#le %ith simple imprisonment not e(ceeding five years, a fine of up to t%enty thousand *irr for a crime punisha#le %ith rigorous imprisonment not e(ceeding five years, a fine of up to fifty thousand *irr for a crime punisha#le %ith rigorous imprisonment more than five years #ut not e(ceeding ten years, a fine of up to the general ma(imum laid do%n in su#+ article 617 for a crime punisha#le %ith rigorous imprisonment e(ceeding ten years.

6'7 ?here only fine is provided for in the -pecial Part of this Code, and %here the criminal is a "uridical person, the fine shall #e five fold. Articl# 21.7 T"# Im+o%ition o* Fin# in A((ition Im+ri%onm#nt.

?here the -pecial Part of this Code provides for a fine or imprisonment as an alternative punishment for a crime, and it appears to the Court that, having regard to the degree of guilt and the circumstances of the criminal, it is e(pedient so to do, it may impose #oth fine and imprisonment. Articl# 22.7 Moti.# o* 4ain a% an A00ra.atin0 Circ,m%tanc#.

617 ?ithout pre"udice to any special provision of the prescri#ing a higher ma(imum, %here the criminal has acted %ith a motive of gain or %here he makes a #usiness of crime in a %ay that he ac$uires or tries to ac$uire a gain %henever a favoura#le opportunity presents itself, and %here it appears to the Court that, having regard to the financial condition of, and the profit made #y, the criminal, it is e(pedient so to do, it may impose a fine %hich shall not e(ceed one hundred thousand *irr. )he fine shall al%ays #e in addition to the confiscation of the profit made. 6:7 /ot%ithstanding that no provision is specifically made in the -pecial Part of this Code, %here although gain is not an essential element of a crime, the criminal %as motivated #y gain in the commission of such crime, the Court may impose a fine in addition to imprisonment or measures provided #y la%. Articl# 2-.7 R#co.#r& o* Fin#.

617 .ine shall #e paid forth%ith. 6:7 ?here the criminal cannot pay the fine forth%ith, the Court may allo% a period of time for payment5 such period may e(tend, according to circumstances, from one to si( months. 6>7 ?here, having regard to the circumstances of the criminal, it appears to the Court that it is e(pedient so to do, it may direct the payment of the fine to #e made #y installments. In fi(ing the amount and the date for payment of each installment, the Court shall take into consideration the actual means of the criminal. )he period of payment shall not e(ceed three years. Articl# 24.7 !t#+% TaC#n '& t"# Co,rt 5"#n Fin# i% not Pai( Fort"1it".

617 ?henever a fine is not paid forth%ith, the Court may re$uire the criminal to produce such sureties or security as is sufficient to ensure the payment of the fine %ithin the stated period. )he security or sureties shall #e determined having regard to the circumstances of the case, the condition of the criminal and the interests of "ustice.

6:7 In default of payment of the fine %ithin the fi(ed period, the Court shall give the appropriate order for the surety or security to #e deposited. 6>7 ?hen the criminal is una#le or deli#erately fails to produce surety or security his property shall #e sei&ed and sold in accordance %ith the la%. )he sale of property shall #e carried out su#"ect to the provision of !rticle 996>7. Articl# 23.7 Con.#r%ion o* Fin# into La'o,r.

In default of payment of the fine as provided under !rticles 9> and 9', the Court shall order the criminal to settle the fine #y doing %ork for the -tate or for any pu#lic authority. )he Court shall, taking into account the amount of the fine, determine the period %ithin %hich the fine is to #e settled. Bo%ever, the period to #e determined shall not e(ceed t%o years. Articl# 2:.7 Con.#r%ion o* Fin# into Com+,l%or& La'o,r.

?here the criminal is not a#le to fulfill as re$uired under !rticles 9>+95, the Court shall order the conversion of the fine into compulsory la#our. )he period of compulsory la#our determined #y the Court under this !rticle shall not e(ceed t%o years. Articl# 2<.7 !,%+#n%ion o* En*orc#m#nt o* Com+,l%or& La'o,r.

?hen fine is converted into compulsory la#our the Court may order the suspension of the enforcement of compulsory la#our %here the criminal, apart from the case specified under !rticle 1<5, is una#le to carry out compulsory la#our, #y reason of his poverty, his family o#ligation, his state of health or for any other good cause. Articl# 2=.7 Con*i%cation o* Pro+#rt&. 617 -u#"ect to the follo%ing provisions of this !rticle, %here the la% makes provision for confiscation the Court may order the confiscation of the estate, or part thereof, of the criminal. 6:7 !ny property %hich the criminal has ac$uired, directly or indirectly, #y the commission of the crime for %hich he %as convicted shall #e confiscated. !n order of confiscation may also apply to any property la%fully ac$uired #y the criminal. 6>7 Confiscation shall not affect8 6a7 domestic articles normally in use, instruments of trade or profession and agricultural implements, necessary for the livelihood of the criminal and his family5 6#7 such amount of foodstuffs and of money as are necessary for the support of the family of the criminal for a period of not less than si( months or for such longer period as the

Court, having regard to the particular circumstances of the case and for reasons to #e given in its "udgment, considers "ust5 6c7 goods, forming part of a family inheritance, of %hich the criminal cannot freely dispose #y gift, %ill or in any other manner5 6d7 half of the common property %ith regard to the innocent spouse of the criminal, as %ell as the personal goods of the innocent spouse, children or other persons of %hich the criminal has, #y la% or custom, the charge, administration, management or po%er to dispose. Articl# 22.7 !#9,#%tration o* Pro+#rt&.

?here the criminal has #een convicted and sentenced in his a#sence for conspiring or engaging in hostile acts against the constitutional order or the internal and e(ternal security of the -tate, the Court may in addition to any other penalty order the se$uestration of his property. )he provisions of !rticle 996>7 shall apply to an order of se$uestration. Para0ra+" II. Articl# 100.7 Ot"#r P#c,niar& E**#ct% For*#it,r# to t"# !tat#.

617 !ny material #enefits given or intended to #e given to an criminal to commit a crime shall #e forfeited to the -tate. If they no longer e(ist in kind the person %ho received them shall refund their value. 6:7 !ny fruits of a crime shall #e forfeited to the -tate %here its o%ner or any other claimant is not found %ithin five years starting from the date of pu#lication of notice having #een made concerning the recovery of the property in accordance %ith the usual procedure. ?here the property is likely to #e spoiled or #ecome unfit for use it shall #e sold in accordance %ith the usual procedure and the money shall #e entrusted to a competent authority for a period not e(ceeding five years.

Articl# 101.7

R#%tit,tion o* Pro+#rt&/ Com+#n%ation *or Dama0#% an( Co%t%.

?here a crime has caused considera#le damage to the in"ured person or to those having rights from him, the in"ured person or the persons having rights from him shall #e entitled to claim that the criminal #e ordered to make good the damage or to make restitution or to pay damages #y %ay of compensation. )o this end they may "oin their civil claim %ith the criminal suit.

-uch claim shall #e governed #y the provisions laid do%n in the Criminal Procedure Code. Articl# 102.7 Com+#n%ation to In8,r#( Part&.

617 ?here it appears that compensation %ill not #e paid #y the criminal or those lia#le on his #ehalf on account of the circumstances of the case or their situation, the Court may order that the proceeds or part of the proceeds of the sale of the articles distrained, or the sum guaranteed as surety, or a part of the fine or of the yield of the conversion into %ork, or confiscated property #e paid to the in"ured party. 6:7 )he claim of the in"ured party %ho has #een compensated shall #e assigned to the -tate %hich may enforce it against the person %ho caused the damage. !,'7%#ction II.7 Com+,l%or& La'o,r an( P#nalti#% Entailin0 Lo%% o* Li'#rt& Para0ra+" I.7 Com+,l%or& La'o,r Articl# 10-.7 Com+,l%or& La'o,r 1it" D#(,ction o* 5a0#% to t"# #n#*it o* t"# !tat#. 617 ?here the crime is of minor importance and is punisha#le %ith simple imprisonment for a term not e(ceeding si( months, the Court may, if the criminal is healthy and is not a danger to society, sentence him to compulsory la#our %ithout any restriction of personal li#erty su#"ect ho%ever to supervision. )his penalty may e(tend from one day to si( months. 6:7 )he criminal shall serve his sentence of compulsory la#our at the place %here he normally %orks or is employed or in a pu#lic esta#lishment or on pu#lic %orks. !n amount not e(ceeding one third of the criminal,s %ages or profits shall #e deducted and forfeited to the -tate. 6>7 )he amount to #e deducted, the place %here the sentence is to #e served, and the period thereof and the nature of the supervision shall #e stated in the "udgment. Articl# 104.7 Com+,l%or& La'o,r 5it" R#%triction o* P#r%onal Li'#rt&. 617 ?here the circumstances of the case sho% that it is proper or necessary so to do, especially %here the criminal fails to discharge his o#ligation as specified under !rticle 1<>617 a#ove, or %here, %ith a vie% to keeping the criminal a%ay from unfavoura#le surroundings or undesira#le company, it is e(pedient so to do, the Court may direct that compulsory la#our shall #e su#"ect to restriction of personal li#erty. 6:7 )he nature and the duration of such restriction shall #e determined #y the Court according to the circumstances of the case.

-uch restriction may re$uire the criminal to discharge the compulsory la#our #y remaining in a particular place of %ork, or %ith a particular employer, or in a particular esta#lishment, or %ithout leaving his residential area or a restricted area under the supervision of government officials. 6>7 If the criminal fails to comply %ith any such re$uirement, he shall #e lia#le to simple imprisonment for a period e$ual to any unfinished period of the sentence of compulsory la#our. Articl# 103.7 !,%+#n%ion o* !#nt#nc# D,rin0 Illn#%%.

?hen the criminal apart from the conditions laid do%n under !rticle 97 of this Code, falls ill during the period of his sentence of compulsory la#our, he shall not #e re$uired to do any %ork until he recovers. ?hen the criminal recovers he shall #e ordered to resume the compulsory la#our5 if he is not a#le to resume the compulsory la#our he shall #e ordered to carry out another %ork %hich is suita#le to his health and personal circumstances. ?here it is impossi#le to give or implement such an order, the Court may not impose another penalty on the criminal. Para0ra+" II.7 P#nalti#% Entailin0 Lo%% o* Li'#rt& Articl# 10:.7 !im+l# Im+ri%onm#nt.

617 -imple imprisonment is a sentence applica#le to crimes of a not very serious nature committed #y persons %ho are not a serious danger to society. ?ithout pre"udice to conditional release, simple imprisonment may e(tend for a period of from ten days to three years. Bo%ever, simple imprisonment may e(tend up to five years %here, o%ing to the gravity of the crime, it is prescri#ed in the -pecial Part of this Code, or %here there are concurrent crimes punisha#le %ith simple imprisonment, or %here the criminal has #een punished repeatedly. )he Court shall fi( the period of simple imprisonment in its "udgment. 6:7 )he sentence of simple imprisonment shall #e served in such prison or in such section thereof as is appointed for the purpose. Articl# 10<.7 !,'%tit,tion o* Com+,l%or& La'o,r *or !im+l# Im+ri%onm#nt. ?herever #y reason of local administrative difficulties the e(ecution of a sentence of simple imprisonment is not possi#le or the carrying out of such sentence is not conducive to the reform or the reha#ilitation of the criminal, the Court may, in respect of crimes for %hich the -pecial Part of this Code provides for a term of simple imprisonment not e(ceeding si( months, inflict a sentence of compulsory la#our 6!rt. 1<> or 1<'7

instead of the sentence of simple imprisonment. )he provisions of this !rticle shall have effect not%ithstanding that no provision is made in the -pecial Part for the application of a sentence of compulsory la#our instead of one of simple imprisonment. Articl# 10=.7 Ri0oro,% Im+ri%onm#nt. 617 1igorous imprisonment is a sentence applica#le only to crimes of a very grave nature committed #y criminals %ho are particularly dangerous to society. *esides providing for the punishment and for the reha#ilitation of the criminal, this sentence is intended also to provide for a strict confinement of the criminal and for special protection to society. ?ithout pre"udice to conditional release, the sentence of rigorous imprisonment is normally for a period of one to t%enty+five years #ut %here it is e(pressly so laid do%n #y la% it may #e for life. 6:7 )he sentence of rigorous imprisonment shall #e served in such prisons as are appointed for the purpose. )he conditions of enforcement of rigorous imprisonment are more severe than those of simple imprisonment. Articl# 102.7 Common Pro.i%ion%. )he follo%ing provisions are common to #oth forms of imprisonment. )hey shall have, as their aim, the achievement of the purpose the determination of the penalties had in vie%. 1egulations relating to prisons shall provide for the manner of e(ecution of sentences, the admission to prison, the segregation of prisoners, the contact of prisoners %ith persons outside, the internal discipline in the prisons, and for the education and spiritual %elfare of the prisoners. Articl# 110.7 !#+aration o* !#;#% an( !#0r#0ation.

617 Prisoners of different se(es shall serve their sentences in different prisons and, in default of this, prisoners of different se(es shall #e kept in different sections of the same prison and shall not #e allo%ed to mi( %ith prisoners of the other se(. 6:7 Prisoners %ho are sentenced to rigorous imprisonment or special confinement shall #e kept separate from prisoners under the age of eighteen years or from adult prisoners %ho are serving a sentence of simple imprisonment. 6>7 Prisoners a%aiting "udgment or persons detained for civil de#ts, or pu#lic servants %ho, #y virtue of their official duty, had contact %ith prisoners and %ho are imprisoned for a crime or

detained for civil de#t shall #e kept separate from prisoners serving sentence. 111.7 O'li0ation to Do 5orC an( #n#*it% Accr,in0 T"#r#*rom.

617 ! prisoner serving a sentence %ith deprivation of personal li#erty shall #e under an o#ligation to do %ork and such o#ligation is an essential element in the sentence. ! prisoner in good health shall #e compelled to do such %ork as %ill #e assigned #y the Director of Prisons. -uch %ork shall #e suita#le to the prisoner,s a#ility and shall #e of such nature as to reform and educate the prisoner and to #e conducive to his reha#ilitation. 6:7 ! prisoner compelled to %ork shall, if his %ork and conduct are satisfactory, #e entitled to receive compensation for every day,s %ork. )he amount of such daily compensation, the manner of keeping it during the period of imprisonment and the manner of its payment upon release from imprisonment shall #e governed #y regulations relating to prisons. Articl# 112.7 ?ariation o* Con(ition% o* Im+ri%onm#nt.

?ith a vie% to ensuring that the sentence has the effect of reforming the prisoner and of ena#ling him to resume a normal social life on his release, the e(ecution of the sentence shall #e carried out in accordance %ith the follo%ing provisions in this !rticle and %ith such other provisions as may #e laid do%n #y regulations relating to prisons8 617 )he prison administration may, %henever it appears necessary so to do, impose solitary confinement at the #eginning or in the course of the e(ecution of the sentence for a ma(imum of three months. *efore imposing solitary confinement the prison administration shall determine the measure and duration of such confinement after consultation %ith a medical doctor and, %here necessary, a psychiatrist. 6:7 )he prisoner shall #e #ound to %ork either alone or together %ith others according to the re$uirements and conditions prevailing at the time. Eutside periods of %ork and during the night, prisoners shall, as far as possi#le, #e kept isolated. 6>7 0ood conduct prisoners may #e given more favoura#le treatment as regards food, access to visitors, nature of %ork and leisure and treatment may #e further improved %ith improved conduct of the prisoner and %ith the approach of the prisoner,s release. Provided that any improved treatment may #e %ithdra%n or suspended for a definite or an indefinite period of time in the case of a#use or persistent misconduct of the prisoner.

Articl# 11-.7 Con(itional R#l#a%# '#*or# E;+ir& o* P#rio( o* !#nt#nc#. 617 *efore the e(piry of a sentence of imprisonment, the prisoner may #e released on pro#ation, if his conduct has #een satisfactory and other conditions laid do%n #y la% 6!rt. :<:7 have #een fulfilled. *efore #eing released the prisoner may #e re$uired to live on pro#ation in a penitentiary or la#our settlement or other similar esta#lishment. 6:7 )he la% relating to the e(ecution of sentences and the regulations relating to prisons shall lay do%n the conditions and the manner of putting into effect the provisions of this !rticle.

Articl# 114.7 E;#c,tion o* !#nt#nc# in t"# Ca%# o* M#m'#r% o* t"# D#*#nc# Forc#%. )he foregoing provisions shall #e %ithout pre"udice to the e(ecution of sentences %ith deprivation of personal li#erty, in the case of mem#ers of the Defence .orces in %hich case the sentence shall #e carried into effect in military prisons, camps or fortifications. )he manner of carrying out such sentences shall #e laid do%n #y regulations. Articl# 113.7 D#(,ction o* P#rio( o* R#man(. 617 In passing a sentence %ith deprivation of personal li#erty, the Court shall specify %hat period of remand shall #e deducted from the period of the sentence8 Provided that no such deduction shall #e or a deduction for a limited period shall #e made such remand or a prolongation thereof is attri#uta#le to the criminal. 6:7 )he conditions of remand and the manner in %hich it is carried into effect are governed #y the Code of Criminal Procedure. Articl# 11:.7 P#rio( o* Tim# !+#nt in Ho%+ital Tran%*#r in Ca%# o* Illn#%%. 617 If %hile serving sentence a prisoner has to transferred to a hospital for treatment, the period spent in hospital shall #e reckoned as part of the sentence. If the transfer to hospital is due to illness or to any cause e(isting #efore the prisoner started to serve his sentence, the period in hosp shall, su#"ect to the provision of su#+article 6:7 of !rticle, #e reckoned as part of the sentence.

6:7 )he period spent in hospital due to illness deli#erately caused #y the prisoner or due to admission to hospital #y misleading statement or #ehaviour of the prisoner shall not #e reckoned as part of the sentence. 6>7 If %hile serving sentence, a prisoner is deemed #y e(perts to #e suffering from some mental disorder or to #e irresponsi#le for his acts, the sentence shall #e suspended and the criminal shall #e transferred to a proper institution for care or treatment. If the mental disorder or state of irresponsi#ility of the criminal is of a permanent nature the remaining period of the sentence shall not #e carried into effect.

!,'7%#ction III.7 Articl# 11<.7

P,ni%"m#nt o* D#at"

4#n#ral Princi+l#%.

617 -entence of death shall #e passed only in cases of grave crimes and on e(ceptionally dangerous criminals, in the cases specifically laid do%n #y la% as a punishment for completed crimes and in the a#sence of any e(tenuating circumstances. ! sentence shall #e passed only on an criminal %ho, at the time of the commission of the crime, has attained the age of eighteen years. 6:7 Death sentence shall not #e carried out unless confirmed #y the Bead of -tate. It shall not #e e(ecuted #efore ascertainment of its non+ remission or non+commutation #y pardon or amnesty. 6>7 )he sentence of death shall not #e carried out in pu#lic #y hanging or #y any other inhuman means. )he penalty shall #e e(ecuted #y a humane means %ithin the precincts of the prison. )he means of e(ecution shall #e determined #y the e(ecutive #ody having authority over the .ederal or 1egional prison administration concerned. )he e(ecution of the sentence shall #e carried out %ithout any cruelties, mutilations or other physical suffering. 6'7 !fter e(ecution the #ody shall, upon re$uest, #e+handed to his family. .ailing such re$uest, it shall #e given a decent #urial. Articl# 11=.7 Tr#atm#nt o* Pri%on#r A1aitin0 E;#c,tion.

?hile a%aiting the confirmation and the e(ecution of the sentence the prisoner shall #e detained under the same conditions as a prisoner+serving sentence of rigorous imprisonment. )he director of prisons shall take such steps as may #e necessary for the safety of the prisoner. ?here the prisoner so desires and %here it is possi#le he shall #e given some %ork to do %ithin his cell. Articl# 112.7 Ca%#% 5"#r# D#at" P#nalt& Ma& '# !,%+#n(#(.

Death sentence shall not #e carried out on fully or partially irresponsi#le or seriously ill person or on a pregnant %oman, %hile they continue to #e in that -tate. Articl# 120.7 Comm,tation o* !#nt#nc# o* D#at". 617 In the case of a %oman %ith child and such child is #orn alive and the mother has to nurse such child, the death sentence may #e commuted to rigorous imprisonment for life. 6:7 ! sentence of death may #e commuted or remitted #y %ay of pardon or amnesty in accordance %ith the provisions of this Code 6!rts. ::9 and :><7. !#ction II.7 Articl# 121.7 !#con(ar& P,ni%"m#nt% Princi+l#%.

-econdary punishments shall not #e applied e(cept together %ith and su#"ect to a principal punishment. !ny such punishments shall apply only %hen the Court has e(pressly so directed. !ny such punishments may #e applied %henever the general provisions of la% have #een fulfilled not%ithstanding that no provision is specifically made for the application of such punishment in any particular case. In deciding the application of secondary penalties, the Court shall #e guided #y their aim and the result they %ould achieve on the safety and reha#ilitation of the criminal. Articl# 122.7 Ca,tion/ R#+riman(/ A(moni%"m#nt an( A+olo0&.

617 ?here the Court considers that an appeal to the honour of the criminal %ill have #eneficial effects on the criminal and on society at large, it may in open Court, either during the trial or in its "udgment, caution, admonish or reprimand the criminal. )he Court may also order the Criminal to make a pu#lic apology to the person in"ured #y the crime, or to the persons having rights from such in"ured person. 6:7 )he Court may apply any of the punishments mentioned in this !rticle instead of the principal punishment %here it is specifically laid do%n #y la% that such punishments apply to minor crimes5 or %here e(tenuating circumstances are present 6!rts 9: and 9>75 or %here the la% provides for a free mitigation of the punishment 6!rt. 19<75 or %here enforcement of a sentence is postponed 6!rt. 19:7. Articl# 12-.7 D#+ri.ation o* Ri0"t%.

?here the nature of the crime and the circumstances under %hich the crime %as committed "ustify such an order, and the

criminal has, #y his unla%ful act or omission, sho%n himself un%orthy of the e(ercise of any of the follo%ing rights, the Court may make an order depriving the criminal of8 6a7 his civil rights, particularly the right to vote, to take part in any election or to #e elected to a pu#lic office or office of honour, to #e a %itness to or a surety in any deed or document, to #e an e(pert %itness or to serve as assessor5 or 6#7 of his family rights, particularly those conferring the rights of parental authority, of tutorship or of guardianship5 or 6c7 his rights to e(ercise a profession, art, trade or to carry on any industry or commerce for %hich a license or authority is re$uired. Articl# 124.7 P#rio( o* D#+ri.ation. 6l7 !ny deprivation 6!rt. 1:>7 may #e permanent or temporary and %here temporary shall #e from si( months to five years. In fi(ing the period in each case the Court shall take into consideration the gravity of the crime, the antecedents and character of the criminal, the danger of a relapse into crime, the need for, and utility of the deprivation or the pro#a#le effect of the punishment and the interests of society. 6:7 ! sentence of death or of rigorous imprisonment carries %ith it the deprivation of all civil rights. ?hen deciding a sentence of rigorous imprisonment, the Court shall determine the duration of the deprivation of civil rights. -u#"ect to the e(ercise of pardon 6!rt. ::97 and amnesty 6!rt. :><7 or reinstatement 6!rts. :>:+:>77 such deprivation shall #e permanent in the case of a sentence of death or of rigorous imprisonment for life. Articl# 123.7 Dat# *rom 5"ic" D#+ri.ation !"all "a.# E**#ct.

617 !ny deprivation shall have effect from the day on %hich the "udgment #ecomes final. 6:7 In the case of temporary deprivation the period fi(ed shall #egin to run from the day of e(piry of the term of the principal sentence or the day on %hich the principal sentence %as remitted or #arred #y limitation. In the case of conditional release from a sentence restrictive of personal li#erty, and %here the criminal has #een of good conduct during the period of such release, the deprivation or suspension of the e(ercise of rights shall #egin to run from the day of release. In case of forfeiture of professional rights 6!rt. 1:>6C77, the Court may on trial authori&e resumption of activity during the pro#ation period of the conditional release 6!rt. :<57. Articl# 12:.7 R#in%tat#m#nt.

! criminal may #e reinstated into the e(ercise of his rights in the cases and under the conditions laid do%n #y la% 6!rts. :>:+:>77. Articl# 12<.7 Di%mi%%al *rom t"# D#*#nc# Forc#% an( R#(,ction in RanC. 617 ?here the criminal is a mem#er of the Defence .orces and is convicted #y a military court, the Court may in addition order the reduction in rank of the criminal and his dismissal from the Defence .orces %here his crime sho%s him to #e of a #ase, %icked or dangerous disposition. 6:7 -uch punishment shall #e applied after consultation %ith the competent military authority. /othing in this !rticle shall prevent the imposition of any other secondary penalty. Articl# 12=.7 L#0al E**#ct. 1eduction in rank or dismissal from the Defence .orces shall take effect as provided #y military la%. CHAPTER III MEA!URE! APPLICA LE TO ADULT! IN !PECIAL CA!E! !#ction I.7 M#a%,r#% A++lica'l# to Irr#%+on%i'l# P#r%on% an( Criminal% 1it" a Limit#( R#%+on%i'ilit& Articl# 122.7 Princi+l#. !fter ascertaining on the #ases of normal en$uiry and e(pert e(amination, 6!rt. 517 %hether the criminal is irresponsi#le 6!rt. '97 or %hether he is of a limited responsi#ility 6!rt. '97, the Court shall apply the follo%ing provisions having regard to the circumstances and re$uirements of the case. Articl# 1-0.7 Con*in#m#nt. 617 If the criminal, #y reason of his condition, is a threat to pu#lic safety or order, or if he proves to #e dangerous to the persons living %ith him, the Court shall order his confinement in a suita#le institution. 6:7 If he is in need of treatment, he shall either #e treated in the institution in %hich he is confined or #e transferred to an appropriate institution in accordance %ith !rticle 1>1. Proper provision may #e made for his safe custody.

Articl# 1-1.7 Tr#atm#nt. 617 ?here a criminal is suffering from a mental disease or deficiency, deafness and dum#ness, epilepsy chronic alcoholism, narcotic and psychotropic su#stances, into(ication due to the

a#use of narcotics or any other pathological deficiency and re$uires to #e treated or placed in a hospital or asylum the Court shall order his treatment in a suita#le institution or department of an institution. 6:7 ?here the Court is satisfied that the criminal is not dangerous and can #e treated as an out+patient, it shall order accordingly. )he Court shall then order that the criminal #e kept under proper supervision and control either #y the medical e(pert in charge of the case or #y some other competent authority. !n order made under this !rticle may #e revoked at any time %here it is kno%n that it is unrelia#le or cannot produce positive result. *efore revoking the order or taking other appropriate measures, the Court may re$uire from the medical e(perts or other competent authority such report as it considers necessary. Articl# 1-2.7 D,ration o* Con*in#m#nt or Tr#atm#nt. 617 )he competent administrative authority shall carry out the Court,s decision concerning treatment and confinement. )reatment and confinement shall #e of indefinite duration #ut the Court shall revie% its decision every t%o years. !s soon as, according to e(pert opinion, the reason for the measure has disappeared the administrative authority shall, after having referred the matter to the Court and upon its decision, put an end to the measure ordered. 6:7 !lthough the cause due to %hich the measure %as ordered is not fully eliminated, the Court may, at any time during the enforcement of the treatment or confinement, order the temporary suspension of such a measure in accordance %ith the administrative authority,s report %here its propriety has #een confirmed #y e(pert opinion. )he Court shall release the criminal to the supervision of a selected protector for not less than one year and shall in addition impose such conditions as may #e necessary 6!rt. :<57. 6>7 !ny order made under this !rticle may at any time #e revoked %here pu#lic safety or the condition of the released person so re$uires. If the pro#ation period is successfully undergone, the release shall #e final. Articl# 1--.7 E**#ct o* Limit#( R#%+on%i'ilit& ,+on P#nalt&.

617 In the case of criminals of limited responsi#ility, su#"ect to the determination of penalty under !rticle '9, the Court shall %hen necessary, after having suspended the sentence temporarily, order his confinement 6!rt. 1><7 or his treatment in a suita#le institution 6!rt. 1>17. 6:7 @pon termination of the measure ordered the court shall, upon a report made #y the management of the institution or the responsi#le protector, decide %hether the enforcement of the

penalty is still necessary and determine in accordance %ith the provision of !rticle 11A of this Code %hether or not the period of confinement or treatment should #e deducted from the sentence unserved. )he Court shall take into account the gravity of the crime committed, the antecedents and character of the criminal, the effect the internment or treatment had upon his condition and the likelihood of his permanent recovery. 6>7 /o penalty shall #e enforced %here the Court considers it ine(pedient so to do. !#ction II.7 4ENERAL MEA!URE! FOR PRE?ENTION AND PROTECTION Princi+l#. PURPO!E! OF

Articl# 1-4.7

)he general preventive and protective measures provided in this Chapter may #e applied together %ith the principal penalty or after the principal penalty has #een undergone %hen, in the opinion of the Court, the circumstances of the case "ustify. !ll such measures must #e specifically ordered #y the Court on such conditions and in all such cases as it deems necessary, not%ithstanding that no provision is made in the -pecial Part of this Code for their application. !,'7%#ction I.7 M#a%,r#% o* a Mat#rial Nat,r# Articl# 1-3.7 4,arant## o* 4oo( Con(,ctA Princi+l#.

(1) ?hen a convicted person indicates his intention to commit a further crime or %hen it is likely that he %ill commit a further crime as in a case of declared hostility or threat, the Court may re$uire him to enter into a recogni&ance to #e of good #ehaviour together %ith a surety or sureties. 6:7 )he recogni&ance shall #e for a period of from one to five years. )he surety shall #e in the form of a personal or monetary guarantee. 6>7 )he Court shall determine the duration of the recogni&ance and the value of the guarantee according to the nature and gravity of the threat and having regard to the personal and material circumstances of the criminal or his guarantors. )he recogni&ance of the guarantee shall #e recorded in the "udgment. Articl# 1-:.7 R#*,%al o* R#co0niBanc# or 4,arant##.

617 If the person #y %hom the commission of a crime is feared refuses to enter into the re$uired recogni&ance or if, #y ill+%ill or #ad faith, he does not name a guarantor or deposit the re$uired surety %ithin the specified time, the Court shall order him to #e detained until he complies.

6:7 )he Court shall at the same time determine the duration of such detention. -ave in e(ceptional circumstances such as a rene%al of the threats or the o#vious persistence of the dangerous disposition or ill+%ill of the person concerned, the detention shall not e(ceed three months. )he Court may, on application for good reason release the convicted person under supervision 6!rt 61'97 or grant a further detention for a period of not more than three months, if safety so re$uires. )he total period of detention may in no case e(ceed si( months. 6>7 ?hen ade$uate sureties or guarantees are furnished the prisoner shall #e set free. Articl# 1-<.7 L#0al E**#ct.

?hen the pro#ation period specified in the recogni&ance has elapsed %ithout any crime having #een committed the guarantee shall #e discharged, the guarantors released and the sums or sureties lodged returned to their o%ners. If a crime is committed during the pro#ation period, the surety shall #e forfeited to the -tate or the guarantor re$uired to discharge his o#ligation, %ithout pre"udice to the ordinary penalties and measures to %hich the criminal is lia#le for his crime. Articl#71-=.7Ina'ilit& to F,rni%" a 4,arant##. If the person #y %hom the commission of a crime is feared is through no fault of his o%n, una#le to furnish the surety or personal guarantee re$uired, the Court shall order that he #e set free and placed under supervision 6!rt. 1'97. Articl# 1-2.7 R#+#tition o* t"# M#a%,r#. 617 )he Court may order a person %ho has entered into a recogni&ance to enter into a fresh recogni&ance %here circumstances particularly fresh threats #y, or dangerous disposition of the criminal "ustify 6!rt 1>57. 6:7 Bo%ever, %here the said person has #een previously detained for the ma(imum period of si( months specified in !rticle 1>A6:7 second paragraph, he may not #e detained again if he refuses to enter into the fresh recogni&ance. If a further order is re$uired it shall #e an order of supervision 6!rt. 1'97. ?here the nature of the threat falls under the provision of !rticle 59< nothing shall e(clude the prosecution of the doer under the said !rticle. Articl# 140.7 !#iB,r# o* Dan0#ro,% Articl#%.

617 )he Court shall order the sei&ure of all articles having #een used or likely to #e used for the commission of a crime, or %hich have

#een o#tained as the result of a crime, %hen they endanger pu#lic order, safety, health or decency. It may order that the sei&ed articles #e either destroyed, rendered useless or handed over to a police or a criminological institute. 6:7 Interests of innocent third parties shall #e protected and %eapons or instruments the possession of %hich is not for#idden #y la% shall #e returned to their o%ner. Articl# 141.7 Common Pro.i%ion$ 4#n#ral Pr#.#nti.# A++lication.

! person may, #efore prosecution or during trial, #e re$uired to enter into a recogni&ance to #e of good #ehaviour %here such person #ehaves or is likely to #ehave in a manner %hich threatens peace or security of the pu#lic or a mem#er thereof. !n order for sei&ure of any dangerous article may %here circumstances so "ustify #e made on any person in accordance %ith !rticle 1'< even in cases %here such person cannot #e charged or convicted.

!,'7%#ction II.7

M#a%,r#% Entailin0 R#%triction% on Acti.iti#%

Articl# 142.7 !,%+#n%ion an( 5it"(ra1al o* a Lic#n%#. In the case of a grave or repeated crime committed #y any physical or "uridical person holding an official license entitling him;it to carry out any profession or activity the Court may, in addition to the penalty imposed, order the %ithdra%al of the license for a period of from one month to one year. In cases of recidivism or of a particularly grave danger the license may #e revoked for good. /othing in this !rticle shall affect the provisions of !rticle 1:>6c7. Articl# 14-.7 Pro"i'ition an( Clo%in0 o* an Un(#rtaCin0. In addition to the penalty imposed upon the criminal the Court may order that any undertaking or esta#lishment %hether commercial, industrial, cultural or political %hich %as utili&ed to commit or further the commission of a crime shall cease to function and #e closed %here the crime committed is a danger to pu#lic security. )he Court may order the %inding up of such an undertaking %here the crime committed entails a penalty of rigorous imprisonment e(ceeding

one year. Articl# 144.7 E**#ct o* Non7o'%#r.anc#. 617 2easures prescri#ing closing do%n, suspension or prohi#ition may #e general or limited to a specified time, place or area as determined in the "udgment. )hey imply a prohi#ition of the continuance of the for#idden activity either #y the convicted person or a third party #y %hatever name or management. 6:7 Infringements of a prohi#ition under this !rticle shall #e punished under !rticle '59. ?here an esta#lishment or centre has #een reopened in violation of a prohi#ition it shall #e %ound up and the assets disposed of according to la%. !,'7%#ction III.7 M#a%,r#% Entailin0 a R#%triction on P#r%onal Li'#rt& Articl# 143.7 Pro"i'ition *rom R#%ortin0 to C#rtain Plac#%. 617 In addition to the penalty the Court may restrain the convicted person from having access to or remaining in certain places the resorting to %hich contri#uted to the commission of the crime or may e(pose the criminal to committing fresh crimes, in particular pu#lic+houses, inns, entertainment halls, markets and other pu#lic places. 6:7 )he Court shall specify in its "udgment the e(tent and duration of the restraint %hich may #e from three months to one year. Articl# 14:.7 Pro"i'ition to !#ttl# Do1n or R#%i(# in a Plac#.

617 ?here it #ecomes necessary for purposes protection as laid do%n in !rticle 1'5, a similar prohi#ition may #e ordered in respect of settlement or residence in a to%n, village or a specified area. 6:7 It shall #e of a temporary nature having regard to the gravity of the crime, the character of the criminal and the circumstances of the case. ! temporary prohi#ition may #e for a period of from one to ten years. )he Court shall give reasons for its decision and shall specify the territorial area to %hich the prohi#ition e(tends and its duration. Articl# 14<.7 O'li0ation to R#%i(# in a %+#ci*i#( Plac# or Ar#a.

617 ?here a criminal is likely to cause further distur#ance or pursue a life of crime, the Court may order the criminal to reside in a specified place or area %here the likelihood of his committing further crimes is lessened. 6:7 )he Court shall decide the place or locality %here the criminal is to reside and its duration %hich shall not #e less than one year and more than five years. 6>7 !n order shall not #e made under this !rticle %here an order under !rticle 1>5 %ill meet the circumstances of the case. Articl# 14=.7 Placin0 ,n(#r !,+#r.i%ion. 617 ?here such a measure appears necessary the Court may order that a convicted person #e placed under police supervision. (cept as other%ise e(pressly provided #y la% in particular under !rticle 1>9 such a measure shall #e ordered only in respect of a criminal %ho is proved to #e dangerous #y the gravity or repetition of his criminal acts and %ho %as sentenced to at least a term of simple imprisonment of one year. 6:7 )he Court shall prescri#e the period of supervision, %hich shall #e from one to five years. -uch supervision must #e effected so as not to hinder the person %ho is the su#"ect thereof in the e(ercise or resumption of his normal activities and living and not to prevent reinstatement. )he person su#"ected to supervision may #e ordered to report himself either at regular intervals or %hen summoned so to do. 6>7 )he Court may in an appropriate case order supervision #y a protector 6!rt. :<97, %here such an order appears sufficient having regard to the circumstances of the case. Articl# 142.7 5it"(ra1al o* O**icial Pa+#r%. ?here special reasons, relating to supervision or safety re$uire, the Court may in addition order the temporary retention or %ithdra%al of the official papers or passport of the convicted person. )he reasons for such a measure and its duration shall #e stated in the "udgment. Articl# 130.7 Pro"i'ition E;+,l%ion. *rom R#%i(in0 in t"# T#rritor&A

617 If the convicted person is an alien and proves to #e undesira#le or dangerous the Court may order e(pulsion from the territory of the -tate either temporarily or permanently. )his measure may al%ays #e ordered in respect to a convicted person %ho has #een sentenced to a term of simple

imprisonment of three years or more, or to an irresponsi#le or partially responsi#le criminal recogni&ed #y e(pert opinion as a danger to pu#lic order. )he duration of e(pulsion shall #e specified in the "udgment. 6:7 )he Court shall, prior to its decision, consult the competent pu#lic authority. /othing in this !rticle shall affect the provisions of international conventions. 6>7 )he application of any other measure does not preclude e(pulsion. Articl# 131.7 En*orc#m#nt. 617 )he enforcement of an order of e(pulsion shall #e the duty of the competent pu#lic authority and shall #e effected in accordance %ith the relevant administrative regulations. 6:7 In the case of a sentence entailing loss of li#erty the order of e(pulsion shall #e carried out after the sentence has #een served or remitted through pardon or amnesty. 6>7 In the case of a criminal %hose responsi#ility is limited and %hen circumstances so "ustify the penalty may #e first enforced and e(pulsion su#stituted for the ordinary measures of safety 6!rt.1><7 or treatment 6!rt.1>17. In the case of an irresponsi#le person e(pulsion may, if appropriate in the circumstances of the case, #e su#stituted for the measures of confinement or treatment. Articl# 132.7 !,%+#n%ion o* t"# M#a%,r#% '& 1a& o* Pro'ation.

?hen a criminal has #een sentenced to a penalty entailing loss of li#erty and his conditional release is ordered, the suspension of the order concerning prohi#ition from residing in a specified place, o#ligatory residence or e(pulsion may #e ordered #y the Court #y %ay of pro#ation and su#"ect to possi#le revocation, on such general terms and under such guarantees as are provided #y la% 6!rt. :<77. Articl# 13-.7 P#nalt& in Ca%# o* ?iolation o* !a*#t& Pro.i%ion%. Infringements of the provisions relating to prohi#ition from resorting to certain places, or from residing or settling in the country, o#ligatory residence and the o#ligation to su#"ect oneself to such supervision as is ordered, as %ell as prohi#ition from entering the territory of the -tate in case of e(pulsion, shall #e punished under !rticles '59 and 'A5.

!,'7%#ction I?.7 Articl# 134.7

M#a%,r#% *or P,r+o%#% o* In*ormation Noti*ication to t"# Com+#t#nt A,t"orit&.

In every case %here the Court pronounces a secondary penalty or a protective or preventive measure as provided in the foregoing -ections, it shall notify %ithout delay the administrative, civil, military or police authority concerned or any other competent pu#lic authority %ith a vie% to the enforcement of the decision and the control of its o#servation. It shall, in each case, determine to %hat e(tent the decision shall #e made pu#licly kno%n in order to ensure its efficacy. Articl# 133.7P,'lication o* t"# >,(0m#nt. 617 ?henever the general interest or that of the accused or of the in"ured person so re$uires the Court shall order the pu#lication of the "udgment or parts thereof. -uch pu#lication shall #e ordered as a matter of course %hen it serves the pu#lic interest5 it shall #e effected only on a %ritten re$uest #y the interested party %hen it serves private interests. 6:7 )he Court shall determine the conditions under %hich the pu#lications shall take place and their num#er, according to usage, the circumstances of the case and e(pediency. Pu#lication may #e effected #y means of posters in a pu#lic place, or through other mass media. Articl# 13:.7 Entr& in >,(0m#nt R#0i%t#r. 617 Penalties and measures pronounced in a "udgment shall #e entered in the "udgment register of the person concerned in cases %here such an entry is re$uired #y la% and in accordance %ith the provisions of the order relating thereto. )hese provisions shall also determine the particulars to #e included in the entries and their duration, the e(tent to %hich they may #e communicated to other people having a "ustified interest therein, as %ell as the conditions under %hich they may #e cancelled and the effect thereof in case of reinstatement. 6:7 !s a general rule, e(tracts from entry in "udgment register are intended to ena#le the competent "udicial authorities to ascertain the criminal antecedents of an accused person. )hey shall not #e communicated to third parties or to offices %hich are not e(pressly entitled to take cogni&ance thereof, in order not to hinder the reinstatement of the convicted person.

CHAPTER I? MEA!URE! AND PENALTIE! APPLICA LE TO @OUN4 PER!ON! !#ction I.7 P#rio( #t1##n A0#% o* Nin# an( Fi*t##n

!,'7%#ction I.7 Or(inar& M#a%,r#%. Articl# 13<.7 Princi+l#.

In all cases %here a crime provided #y the criminal la% or the 4a% of Petty Effences has #een committed #y a young person #et%een the ages of nine and fifteen years 6!rt. 5>7, the Court shall order one of the follo%ing measures having regard to the general provisions defining the special purpose to #e achieved 6!rt. 557 and after having ordered all necessary in$uiries for its information and guidance 6!rt. 5'7. Articl# 13=.7 A(mi%%ion to a C,rati.# In%tit,tion. If the condition of the young criminal re$uires treatment and %here he is fee#le minded, a#normally arrested in his development, suffering from a mental disease, epileptic or addicted to drink, a#use of narcotic and psychotropic su#stances or other plants %ith similar effect the Court shall order his admission to a suita#le institution %here he shall receive the medical care re$uired #y his condition. Bis treatment shall %here possi#le include education and instruction. Articl# 132.7 !,+#r.i%#( E(,cation. 617 If the young criminal is morally a#andoned or is in need of care and protection or is e(posed to the danger of corruption or is corrupted, measures for his education under supervision shall #e ordered. Be shall #e entrusted either to relatives or if he has no relatives or if these have proved to #e incapa#le of ensuring his education, to a person 6guardian or protector7, a relia#le person, or organi&ation for the education and protection of children. )he supervisors mentioned in the preceding paragraph shall undertake in %riting #efore the Court that they %ill, under their responsi#ility, see to the good #ehaviour of the young criminal entrusted to them. )he local supervisory authorities 6!rt. :<97 shall #e responsi#le for the control of the measure.

6:7 -pecific conditions such as regular attendance at a school or the o#ligation to undergo an apprenticeship for a trade, the prohi#ition to associate %ith certain persons or resort to certain places, the o#ligation to appear personally #efore, or to report on certain dates to the supervisory authority may #e imposed. -uch conditions may, according to their nature and purpose, #e ordered either in respect to the young person or to the persons %ho vouch for his good conduct. 6>7 ! recall or a formal admonition may, if necessary, #e sent to such persons #y the supervisory authority or the Court. )he custody and education of an infant may at all times #e %ithdra%n from the person or organi&ation entrusted there%ith if they prove to #e incapa#le of discharging their trust in a proper manner. Articl# 1:0.7 R#+riman(A C#n%,r#. 617 ?hen such a course seems appropriate and designed to produce good results the Court may reprimand the young criminal. It shall direct his attention to the conse$uences of his act and appeal to his sense of duty and his determination to #e of good #ehaviour in the future. 6:7 )his measure may #e applied alone %hen the Court deems it sufficient for the reform of the young criminal, having regard to his capacity of understanding and the not serious nature of the crime or the circumstances of its commission. If e(pedient, it may #e coupled %ith any other penalty or measure. Articl# 1:1.7 !c"ool or Hom# Arr#%t. In cases of small gravity or %hen the young criminal seems likely to reform, the Court may order that he #e kept at school or in his home during his free hours or holidays and perform a specific task adapted to his age and his circumstances. )he Court shall determine the duration of the restraint in a manner appropriate to the circumstances of the case and the degree of gravity of the crime committed. It shall order the necessary steps for ensuring strict enforcement under supervision. Articl# 1:2.7 A(mi%%ion to a Corr#cti.# In%tit,tion. )he Court may order his admission into a special institution for the correction and reha#ilitation of young criminals, taking into

account the #ad character, antecedents or disposition of the young criminal as %ell as the gravity of the crime and the circumstances under %hich it %as committed. )he young criminal shall there receive, under appropriate discipline, the general, moral and vocational education 6apprenticeship7 needed to adapt him to social life and the e(ercise of an honest activity. Articl# 1:-.7 D,ration o* t"# M#a%,r#%. 617 2easures for treatment 6!rt. 1597 and supervised education 6!rt. 1597 shall, as a general rule, #e applied for such time as is deemed necessary #y the medical or supervisory authority and may continue in force until the young criminal has come of age 6eighteen years7. )hey shall cease to #e applied %hen, in the opinion of the responsi#le authority, they have achieved their purpose. 6:7 )he sending to a corrective institution 6!rt. 1A:7 shall, as a general rule, #e ordered for a period of not less than one year nor e(ceeding five years, in no case shall it e(tend #eyond the coming of age of the young criminal. )he "udgment shall fi( the duration in each case. Conditional release #y %ay of pro#ation after detention for one year may #e ordered under such general conditions as are provided #y la% 6!rt. :<57 and su#"ect to the application of rules of conduct and su#mission of the released criminal to the control of a protector 6!rt.:<97 during the fi(ed pro#ation period.

Articl# 1:4.7 ?ariation o* t"# M#a%,r#%. En the recommendation of the management of the institution the Court may vary an order made under the preceding !rticles %hen such variation %ill #enefit the young criminal. Articl# 1:3.7 L#0al E**#ct o* t"# M#a%,r#%. ! young person in regard to %hom one of the aforesaid curative, educational or corrective measures has #een ordered shall not #e regarded as having #een sentenced under criminal la%. !,'7%#ction II.7 Articl# 1::.7 P#nalti#% Princi+l#.

?here measures under !rticles 159+1A: have #een applied and have failed the Court may sentence a young criminal to one of the follo%ing penalties, after having ordered such in$uiries to #e made as may seem necessary 6!rt. 5'7. Articl# 1:<.7 Fin#. 617 In cases %here the young criminal is capa#le of paying a fine and of reali&ing the reason for its imposition, the Court may sentence him to a fine, %hich shall #e proportionate to his means and the gravity of the crime. ! fine may #e imposed in addition to any other penalty. 6:7 )he provisions regarding the su#stitution of other penalties for fine and the conse$uences of non+payment 6!rt. 9'+957 are not applica#le to young criminals. -hould a young criminal deli#erately fail to pay the fine %ithin a reasona#le time fi(ed #y the "udgment the fine may #e converted into school or home arrest 6!rt. 1A17 for such time as shall #e fi(ed #y the Court. Articl# 1:=.7 Im+ri%onm#nt. 617 ?hen a young criminal has committed a serious crime %hich is normally punisha#le %ith a term of rigorous imprisonment of ten years or more or %ith death the Court may order him to #e sent8 6a7 either to a corrective institution 6!rt. 1A:7 %here special measure for safety, segregation or discipline can #e applied to him in the general interest5 or 6#7 to a penitentiary detention institution if he is incorrigi#le and is likely to #e a cause of trou#le, insecurity or corruption to others. )he principle of segregation shall #e applied in this case 6!rt.11<6:77. 6:7 )he Court shall determine the period of detention to #e undergone according to the gravity of the act committed and having regard to the age of the criminal at the time of the crime. It shall not #e for less than one year and may e(tend to a period of ten years. ?hen the criminal %as sent to a corrective institution he shall #e transferred to a detention institution if his conduct or the danger he constitutes renders such a measure necessary, or %hen he has attained the age of eighteen years and the sentence passed on him is for a term e(tending #eyond his ma"ority.

In such a case the Court shall take into account, in determining the duration of the detention to #e undergone, the time spent in the corrective institution and the results there#y o#tained. 6>7 Detention shall take place under the regime of simple imprisonment 6!rt. 1<A7 and conditional release may #e granted under the usual conditions provided #y la% 6!rt. 11>7 if the young criminal appears to have reformed. !,'7%#ction III.7 Common Pro.i%ion% Articl# 1:2.7 P#tt& Ca%#%A 5ai.in0 o* P#nalt& *or D#*init# R#a%on%. In case of a less serious crime, %hen si( months at least have elapsed since the crime %as committed the Court may order no measure or penalty if it appears to #e no longer necessary or e(pedient. -uch shall #e the case in particular %hen educational or corrective measures or suita#le punishment has already #een imposed #y the parental or family authority, or %hen the young criminal is of good #ehaviour and seems to #e reformed and no longer to #e e(posed to a risk of relapse.

Articl# 1<0.7 !+#cial P#rio( o* Limitation. 617 ?hen half the ordinary or the special period of limitation 6!rts. :17, :197 has e(pired since the day on %hich the crime %as committed, the Court may, if circumstances seem to "ustify such a decision, renounce imposing any measure or penalty e(cept in the cases of serious crimes mentioned in !rticle 1A9. 6:7 In the case of serious crimes mentioned under !rticle 1A9, the general rules governing the limitation of the prosecution and the sentence shall apply. Articl# 1<1.7 !,%+#n(#( !#nt#nc# an( P#rio( o* Pro'ation.

)he general rules regarding. -he suspension of the sentence or of its enforcement %ith su#mission for a specific time to a period of pro#ation under supervision 6!rts. 19<+:<<7 shall, as a general rule, remain applica#le to young criminals if the conditions for the success of such a measure seem to e(ist and su#"ect to the ruleA concerning serious crimes as defined In !rticle 1A9. )he duration of the period of pro#ation shall #e fi(ed #et%een one and three years. Artlcl#1<2.7 E**#ct o* M#a%,r#% an( P#nalti#% ,+on Ci.il Ri0"t%. )he measures and penalties imposed upon a young criminal shall not result in the loss of his civil rights for the future, save

in e(ceptional cases %here the Court regards it as a#solutely necessary on account of the special gravity of the crime committed %ithin the meaning of !rticle 1A9. Articl# 1<-.7Pr#.#nti.# an( Prot#cti.# M#a%,r#% o* a 4#n#ral Nat,r#. )he provisions concerning forfeiture to the -tate 6!rt.1<<7, the sei&ure of dangerous articles 6!rt, 1'<7 as %ell as the prohi#ition from resorting to certain places 6!rt. 1.'A7 shall #e applica#le to young criminals. )he Court may in addition order the e(pulsion 6!rt. 15<7 of an alien under age %ho proves to #e unamena#le to reform and dangerous for the community, at the end of the period of corrective detention. Due notice shall #e given to the appropriate pu#lic authorities, guardians or institutions 6!rt. 15'7 of all measures taken and penalties imposed upon young criminals. Articl# 1<4.7 P,'lication o* >,(0m#nt an( Entr& in >,(0m#nt R#0i%t#r.

)he pu#lication of the "udgment in respect to young criminals shall never #e effected through the mass media 6!rt. 1557. )he entry in the 3udgment register 6!rt. 15A7 of the measures and penalties affecting them shall #e made merely for the information of the official, administrative or "udicial authorities concerned. In no case shad e(cerpts from their record #e communicated to third parties. Articl# 1<3.7 Canc#llation o* Entr& an( R#in%tat#m#nt.

En the application of the young criminal or of those having authority over him the competent authority may order the cancellation of an entry in his personal 3udgment register of measures or penalties applied to him, e(cept imprisonment, %ithin t%o years from their enforcement if the normal conditions for reinstatement 6!rts. :>:+:>77 are fulfilled. !#ction II.7 P#rio( Articl# 1<:.7 #t1##n A0#% o* Fi*t##n an( Ei0"t##n

Normal Ca%#.

In the case of a crime committed #y a young person #elonging to the intermediary age group e(tending from the end of criminal minority 615 years7 to legal ma"ority 619 years7, the Court applying the ordinary provisions of the la% 6!rt. 5A7 may reduce the penalty %ithin the limits it specifies 6!rt. 1797, if the circumstances of the case seem to "ustify such a reduction.

In no case may death sentence #e passed upon a criminal %ho had not attained his eighteenth year of age at the time of commission of the crime 6!rt. 1177. In the carrying out of penalties entailing loss of li#erty the rule of segregation until ma"ority 6!rt. 11<6:77 shall #e strictly o#served. Articl# 1<<.7 !+#cial Ca%#. 617 ?here a young criminal,s physical or mental development is considered to #e that of a young person #elo% the age of fifteen or did not commit a serious crime and, according to e(pert opinion, still seems amena#le to curative, educational or corrective measures provided in -ection I of this Chapter in respect to young criminals, the Court may #y stating its reasons therefor, instead of mitigating the ordinary penalty in accordance %ith the preceding provision, order one of the aforesaid measures or penalties, in particular his dispatch to a curative or corrective institution. 6:7 )he curative, educational or corrective measure may under no circumstances #e e(tended #eyond legal ma"ority 6!rt. 1A>7. )he Court may, #efore the end of the period, revie% its order %ith a vie% to deciding %hat length of the period spent in a corrective institution is to #e considered as part of the penalty %here it deems it necessary, in particular %here it is appropriate to order detention in a penitentiary esta#lishment 6!rt. 1A96:77 upon release from the corrective institution. TITLE II DETERMINATION/ !U!PEN!ION/ DI!CONTINUANCE AND EDTINCTION OF THE PENALT@ CHAPTER I DETERMINATION AND !U!PEN!ION OF THE PENALT@ !#ction I.7 D#t#rmination Articl# 1<=.7 A%%#%%m#nt o* t"# P#nalt& in Ca%# o* Miti0ation or A00ra.ation Pro.i(#( '& La1. !part from ordinary cases of determination of the penalty in conformity %ith general principles 6!rt. 997 and %here, #y virtue of the la%, a case arises of compulsory or optional mitigation or aggravation of the penalty the Court shall apply the follo%ing provisions. !,'7%#ction I.7 R,l#% 4o.#rnin0 Miti0ation an( E;#m+tion Articl# 1<2.7 Or(inar& Miti0ation.

In all cases %here the la% provides that the Court mitigate the penalty under this !rticle, it shall, if it deems the mitigation "ustified, pronounce8 6a7 instead of capital punishment, rigorous imprisonment from t%enty years to life5 6#7 instead of rigorous imprisonment for life, rigorous imprisonment from ten to t%enty years5 6c7 instead of rigorous imprisonment for a specified minimum period, rigorous imprisonment for not less than the general minimum period of one year5 6d7 instead of rigorous imprisonment of at least one year, simple imprisonment from si( months to five years5 6e7 instead of simple imprisonment for a specified minimum period laid do%n in the -pecial Part of this Code, simple imprisonment for not less than the general minimum period of ten days5 6f7 instead of simple imprisonment for not less than the general minimum period of ten days, compulsory la#our or a fine. Articl# 1=0.7 Fr## Miti0ation.

In cases %here the la% provides the mitigation %ithout restriction of the penalty under this !rticle, %hether compulsorily or optionally, the Court shall have po%er to determine it in accordance %ith the follo%ing principles8 )he Court shall not #e #ound #y the Hind of penalty provided in the -pecial Part of this Code for the crime to #e tried, nor #y the minimum %hich the provision provides5 it+may %ithout restriction impose a sentence for a term shorter than the minimum period prescri#ed of su#stitute a less severe sentence for the sentence provided5 ho%ever the Court shall #e #ound solely #y the +generaI minimum provided in the 0eneral Part, 6!rts. 9<, 1<A and 1<97 as regards the penalty it imposes, %hatever its nature may #e. Articl#71=1.7Common Pro.i%ion%. In e(ercising its po%er of mitigation under the conditions and %ithin the limits provided #y la% the Court shall al%ays determine the nature of the sentence in accordance %ith the general principles governing criminal guilt 6!rt. 577. In case of mitigation, %hether ordinary 6!rt. 1797 or free8 6!rt. 19<7, reparation of the damage caused 6!rt. 1<17 may al%ays #e ordered. )he same applies to secondary penalties 6!rts,+1:1+1:97 and to the various preventive, corrective and safety measures 6!rts. 1>'+15>7 %hich the Court may deem necessary. Articl# 1=2.7 E;#m+tion *rom an( 5ai.in0 o* P#nalt&.

)he Court may e(empt a criminal from any penalty %hatever or %aive the penalty in %hole or in part, only in such cases as are e(pressly provided #y la%. !,'7%#ction II.7 R,l#% 4o.#rnin0 A00ra.ation Articl# 1=-.7 Or(inar& A00ra.ation. In general cases of aggravation provided #y la% 6!rt. 9'7 the Court shall determine the penalty %ithout going #eyond the ma(imum limit of the penalty specified in the relevant provision of the -pecial Part of this Code, taking into account the nature and the multiplicity of grounds of a aggravation, as %ell as the degree of guilt of the criminal. Articl# 1=4.7 Crim#%. A00ra.ation o* P#nalt& in Ca%# o* Conc,rr#nt

617 In case of material concurrence of crimes 6!rt. 957 the Court shall determine the penalty on the #asis of the general rules set out hereafter, taking into account, for the assessment of the sentence, the degree of guilt of the criminal8 6a7 %here capital punishment or life imprisonment is determined for one of the concurrent crimes punisha#le %ith deprivation of life or li#erty or %here the ma(imum term of imprisonment provided under the provisions of this 0eneral Part 6!rts. 1<A and 1<97 is imposed for one of the concurrent crimes punisha#le %ith imprisonment of the same kind, this penalty shall, su#"ect to the provisions of su#+article 1 6c7 and 6e7 of this !rticle override any other penalties that %ould have #een imposed on the other concurrent crimes. Bo%ever if, instead of one of the penalties specified a#ove, a sentence of imprisonment #elo% the ma(imum laid do%n in the 0eneral Part of this Code has #een passed for the most serious crime, the Court shall aggravate the sentence on account of the other concurrent crimes in accordance %ith su#+article 617 6#7 of this !rticle. 6#7 in case of t%o or more concurrent crimes entailing loss of li#erty the appropriate penalty for each crime shall #e determined and added. Bo%ever, the duration of the total penalty may not go #eyond the general ma(imum fi(ed in the 0eneral Part of this Code for the king of penalty applied. In case of concurrent crimes entailing simple imprisonment and rigorous imprisonment, simple imprisonment of t%o years shall, for purposes of this !rticle, #e deemed to #e e$uivalent to rigorous imprisonment of one year. 6c7 in case of concurrence #et%een a penalty entailing loss of li#erty and a fine the Court may impose #oth penalties. ?hen

imposing the sentence it shall apply the provision of su#+ article 6176#7 in case of imprisonment, and the provision of su#+article 61 76d7 in case of fine. 6d7 in case of t%o or more concurrent crimes entailing fine the appropriate penalty for each fine shall #e determined and added. ?ithout pre"udice to cases %here the criminal acted for gain 6!rt.9:7, the total amount may not, e(ceed the general ma(imum prescri#ed in the 0eneral Part of this Code. 6e7 %here the Court orders the forfeiture of the criminal,s property in case of one of the concurrent crimes, it may not impose a fine on account of the other crime. 6:7 ?here there e(ists concurrence of crimes as defined in !rticle A<6c7 of this Code the punishment shad, unless other%ise provided, #e determined in accordance %ith the provisions of su#+article 617 of this !rticle. 6>7 !ny secondary penalty or preventive, corrective or safety measure may #e applied even though its application is "ustified under only one of the relevant provisions or in respect of only one of the concurrent crimes. Articl# 1=3.7 !+#cial Ca%#. 617 In case of related crimes, %hen one of them %as committed %ith the intent of making possi#le, facilitating or cloaking another crime, the Court shall aggravate to the ma(imum permitted #y la% the penalty determined under the preceding !rticles. 6:7 ?here such concurrence constitutes a special aggravated crime such as aggravated murder or ro##ery according to the -pecial Part of this Code, the appropriate provisions shall apply. Articl# 1=:.7 R#tro%+#cti.# Conc,rr#nc#.

617 ?here it is discovered that another concurrent crime had #een committed #efore "udgment #y a criminal %hile serving or after having served a sentence for a crime for %hich he %as convicted, the Court shall assess sentence, so that the criminal is not punished more severely than if all the crimes had #een tried together. 6:7 )he Court, taking into account the penalty already imposed, shall determine the appropriate penalty in accordance %ith the preceding !rticles. 6>7 ?here different penalties have #een imposed in separate trials #efore different Courts or divisions on charges %hich should have #een tried together the aggregate sentence shall #e determined in accordance %ith the preceding !rticles. Articl#1=<.7 A00ra.ation o* P#nalt& in Ca%# o* Notional Conc,rr#nc#. 617 ?here #y one and the same act the criminal committed a #reach of several criminal provisions 6notional concurrence !rticle A57,

the Court may aggravate the penalty according to the provisions of !rticle 19' particularly %here the criminal,s deli#erate and calculated disregard for the la% or the clear manifestation of the criminal,s #ad character so "ustifies aggravation. In other cases the Court may only impose the ma(imum penalty prescri#ed #y the most severe of the relevant provisions. 6:7 In case of notional concurrence resulting in crimes %ith different material conse$uences, the Court shall aggravate the penalty as follo%s8 6a7 %here at least one of the concurrent crimes committed #y the criminal is intentional 6!rt. AA61 76a7 and 6#77, the penalty shall #e determined in accordance %ith the provision of !rticle 19'. 6#7 %here the concurrent crimes are committed negligently 6!rt. AA6176c7, a penalty shall #e imposed %ithout e(ceeding the ma(imum penalty prescri#ed in the -pecial Part of this Code for the most serious crime. 6c7 %here the criminal intentionally committed crimes endangering pu#lic security or interest 6!rt. AA6:77, the penalty shall #e aggravated in accordance %ith the provision of !rticle 19'. Articl# 1==.7 A00ra.ation in Ca%# o* R#ci(i.i%m. 617 ?here a fresh crime is committed in the circumstances specified under !rticle A7 of this Code, the Court shall aggravate the penalty, and may pass a sentence e(ceeding the ma(imum penalty laid do%n in the -pecial Part of this Code for the fresh crime. It may dou#le the penalty provided in the -pecial Part of this Code for the fresh crime or for the most serious fresh crime in case of concurrence. 6:7 Baving regard to the nature and multiplicity of crimes, the degree of guilt and the danger represented #y the criminal, the Court may, %ithout #eing #ound #y the ma(imum penalty provided in su#+article 617 a#ove, aggravate up to the ma(imum penalty laid do%n in the 0eneral Part of this Code for the kind of punishment applied. ?here the criminal is a persistent recidivist the Court shall aggravate the sentence #y going #eyond dou#le the penalty prescri#ed for the fresh crime. 6>7 )he penalty to #e determined under the provisions of su#+article 617 or 6:7 of this !rticle shall in no case e(ceed the ma(imum penalty prescri#ed in the 0eneral Part of this Code for the kind of penalty applied 6!rts. 1<A and 1<97.

!,'7%#ction III.7 C,m,lation o* E;t#n,atin0 an( A00ra.atin0 Circ,m%tanc#% Articl# 1=2.7 C,m,lation o* Di**#r#nt A00ra.atin0 Circ,m%tanc#%. E;t#n,atin0 an(

In case of different e(tenuating and aggravating circumstances, the Court shall determine the penalty as provided #elo%8 617 In the event of concurrent general aggravating and e(tenuating circumstances the Court shall first fi( the penalty having regard to the aggravating circumstances 6!rt. 19>7 and then shall reduce the penalty in light of the e(tenuating circumstances 6!rts. 179,19<7. 6:7 ?here in a case of recidivism the criminal has at the same time #een convicted of concurrent crimes the Court shall first assess sentence for the concurrent crimes and then increase it having regard to recidivism. 6>7 ?hen there e(ist different types of aggravating and e(tenuating circumstances specified in su#+article 617 and 6:7 a#ove, the Court shall first fi( the penalty having regard to the aggravating circumstances and then shall reduce the penalty in light of the e(tenuating circumstances.

!#ction II. E !,%+#n%ion o* P#nalt& !,'7%#ction I.7 Con(itional !,%+#n%ion o* P#nalt& Articl# 120.7 Princi+l#. ?hen the Court, having regard to all the circumstances of the case, considers that conditional suspension of the penalty %ill promote the reform and reinstatement of the criminal, it may order conditional suspension of the sentence as provided hereinafter. -uch an order implies an appeal to the cooperation of the criminal for his o%n reform and may at any time #e revoked if circumstances sho% that it is not "ustified. Articl# 121.7 !,%+#n%ion o* Prono,nc#m#nt o* t"# P#nalt&A !,%+#n(#( !#nt#nc#. ?hen the criminal has no previous conviction and does not appear dangerous and %here his crime is punisha#le %ith fine 6!rt. 9<7, compulsory la#our 6!rts. 1<> and 1<'7 or simple imprisonment for not more than three years 6!rt. 1<A7, the Court, after having convicted the criminal, may suspend sentence and place the criminal on pro#ation, %here it is of the opinion that such decision %ill lead to the reform of the criminal. /o conviction shall #e entered %hen a criminal is placed on pro#ation and does not #reak the conditions of his pro#ation. Articl# 122.7 !,%+#n%ion o* En*orc#m#nt o* t"# P#nalt&.

?hen the Court considers that the criminal, %hether previously sentenced or not 6!rt.19'7, shall receive a %arning it shall enter a conviction and pass sentence #ut may order that the enforcement of the sentence #e suspended for a specified period of pro#ation. )he Court may not, ho%ever, suspend the enforcement of measures 6!rts. 1:7+1597. If the pro#ation is successfully undergone the sentence shall #e remitted, #ut the conviction entered in the 3udgment register shall remain %ith all its other conse$uences. Articl# 12-.7 C,m,lation o* P#nalti#%/ Di.i%i'ilit& o* !,%+#n%ion.

If there is a cumulation of penalties, in particular %hen secondary penalties are imposed, the Court may, for pu#lic securities or general interest, decide not to e(tend the measure of suspension to some of the penalties on account of their preventive nature and the interest attaching to their enforcement. Articl# 124.7 Di%allo1anc# an( 5it"(ra1al o* !,%+#n%ion. 617 -uspension of the enforcement of a penalty shall not #e allo%ed8 6a7 %here the criminal has previously already undergone a sentence of rigorous imprisonment or a sentence of simple imprisonment for a term e(ceeding three years and %here he is sentenced again to one of these penalties for the crime for %hich he is tried, %ithout pre"udice to the provisions regarding recidivism 6!rts. A7 and 1997. 6#7 %here the criminal, having not #een sentenced previously, is sentenced to a term of rigorous imprisonment e(ceeding five years for the crime for %hich he is no% tried. 6:7 -imilarly the Court may revoke the suspension granted8 6a7 %here, after having #een granted a suspension of penalty, it is discovered that the criminal had committed a crime and %here the nature and e(tent of the penalty, that %ould #e imposed for the crime, satisfy the re$uirement under su#+article 6176a7 a#ove5 or %here the criminal, having #een granted suspension of penalty, intentionally commits a fresh crime during the period of pro#ation !rticle :<< 6:75 or %here the Court is of the opinion that the conditional suspension in the previous case %ill not produce good results. En9,ir&.

6#7 6c7

Articl# 123.7

?here the Court is of the opinion that previous en$uiry is necessary for the purpose of deciding %hether suspension should #e granted, it shall re$uire information as to antecedents, character, living and %orking conditions of the criminal applying for suspension.

Information may #e given #y a supervisor or a relia#le %elfare %orker or an officer of a charita#le organi&ation. Articl# 12:.7 Common Pro.i%ion%$ P#rio( o* Pro'ation.

617 In choosing either of the t%o forms of suspension 6!rts. 191 and 19:7, the Court shall give grounds for its decision. It may not give an order of suspension unless the antecedents, character and attitude of the accused afford a reasona#le presumption that the suspension %ill produce good results. 6:7 )he Court shall fi( the pro#ation period imposed upon the criminal taking into account the gravity of his crime, the risk of a relapse and his relia#ility. )he pro#ation period shall #e of at least t%o years and may not e(ceed five years.

Articl# 12<.7 Con(ition% o* t"# Pro'ation. 617 Conditional suspension shall follo% upon the criminal entering into a formal undertaking to #e of good conduct, to accept the re$uirements laid do%n, as %ell as to repair, to the fullest e(tent possi#le, the damage caused #y the crime or to pay the indemnity to the in"ured person 6!rt. 1<17 as %ell as to pay the "udicial costs %ithin the time therefor. 6:7 )he Court shall re$uire a security for the undertaking. It may consist in a guarantee of a personal or material nature. It shall determine it having regard to the circumstances and the possi#ilities of the case. Articl# 12=.7 R,l#% o* Con(,ct to '# Im+o%#( ,+on t"# Criminal. 617 )he Court shall specify the rules of conduct, protection and supervision, %hich appear to it to #e necessary. -uch rules may prescri#e, in particular, the re$uirement of learning a trade, residing, %orking or living in a particular place, refraining from consorting %ith certain people or consuming alcoholic #everages, remitting to the pro#ationer,s family, guardian or protector part of his earnings, undergoing a re$uisite treatment or su#"ecting himself to any other similar measure for securing the success of the pro#ation. 6:7 1ules of criminal,s nature of reform, in conduct shall take into account the individual needs, according to the circumstances and the the risk run and shall #e famed %ith a vie% to his accordance %ith the provisions of the la%.

)hey must not #e inconsistent %ith the aims of the institution of suspension, nor prescri#e re$uirements %hich are incompati#le %ith the provisions of the la%. 6>7 )he rules of conduct laid do%n may #e varied at the re$uest of the pro#ationer, his protector, guardian or guarantor, or on the application of the !ttorney 0eneral %here the necessity is apparent. Articl# 122.7 Control an( !,+#r.i%ion.

617 @pon granting suspension the Court shall, if it is necessary, place the criminal under the supervision of a protector, guardian, pro#ation officer or a charita#le organi&ation in general 6!rt. :<97. )he protector or supervising officer shall keep in touch %ith the pro#ationer8 he shall visit him at home or at his place of %ork, make arrangements for his leisure hours, give him guidance and facilitate to the #est of his a#ility his read"ustment in life and his reform. )he protector or supervising officer shall e(ercise over the pro#ationer a regular #ut uno#trusive control and report at least every three months and at more fre$uent intervals %hen necessary to the appropriate pro#ation commission. 6:7 )he organi&ation and the duties of the pro#ation commissions and pro#ation officers shall #e regulated #y la%. Articl# 200.7 E**#ct o* Fail,r# o* Pro'ation. 617 If during the period of pro#ation the pro#ationer infringes one of the rules of conduct imposed upon him, evades supervision or the authority of the charita#le organi&ation to %hich he is entrusted, commits a crime #y negligence or in any other manner #etrays the confidence placed in him, su#"ect to his #eing prosecuted for the crime he negligently committed, a formal %arning shall #e addressed to him #y the Court. If necessary, fresh rules of conduct or the e(tension of the pro#ation period originally fi(ed may #e imposed %ithin the limits permitted #y la%. 6:7 If the pro#ationer persists in his attitude or has conduct despite this formal %arning or if he intentionally commits a fresh crime during the pro#ation period the measure of suspension shall #e revoked #y the Court #ut not #efore the pro#ationer has #een given an opportunity of #eing heard. ! second suspension cannot #e a%arded for a ne% crime intentionally committed.

6>7 In such a case the Court shall pronounce the penalty %hich it had suspended and order its enforcement or order the enforcement of the penalty %hich it has imposed. If the measure of suspension is cancelled on the ground of a fresh and intentional crime, su#"ect to the provisions regarding recidivism 6!rt. 1997, the penalty shall #e aggravated #y adding the penalty for the fresh crime to the penalty pronounced or to #e pronounced. !,'7%#ction II.7 Con(itional R#l#a%# Articl#201.7 Princi+l#. In all cases %here a penalty or measure entailing loss of li#erty provided #y this Code is imposed anticipatory conditional release may #e a%arded #y %ay of pro#ation at the end of the period of enforcement provided #y la%, %hen the general re$uirements therefore are satisfied 6!rt. :<:7. Conditional release must #e regarded as a means of reform and social reinstatement. It must #e deserved #y the criminal to %hom it is applied and must #e a%arded only in cases %here it affords a reasona#le chance of success. Articl# 202.7 Con(ition% *or R#l#a%#. 617 ?here a prisoner has served t%o+thirds of a sentence of imprisonment or t%enty years in case of life imprisonment, the Court may, on the recommendation of the management of the institution or on the petition of the criminal, order conditional release8 6a7 if, during the re$uisite period of performance of the penalty or the measure entailing loss of li#erty, the criminal, #y his %ork and conduct, gave tangi#le proof of his improvement5 and 6#7 if he has repaired, as far as he could reasona#ly #e e(pected to do, the damage found #y the Court or agreed %ith the aggrieved party5 and 6c7 if the character and #ehaviour of the criminal %arrant the assumption that he %ill #e of good conduct %hen released and that the measure %ill #e effective. 6:7 /ot%ithstanding the foregoing provisions, conditional release shall not #e granted to persistent recidivists. Articl# 20-.7 In*ormation Conc#rnin0 Con(itional R#l#a%#. 617 Prisoners shall #e informed upon their conviction and %hen entering the institution to %hich they are committed of the possi#ility and conditions of their anticipatory release. 6:7 )he Director of the institution shall recommend release of the criminal %here the conditions for granting release appear to have

#een fulfilled or shall su#mit the petition of the criminal to #e released together %ith his opinion. Articl# 204.7 P#rio( o* Pro'ation. @pon ordering conditional release the Court shall fi( a period of pro#ation %hich unless other%ise ordered, shall e(pire at the end of the sentence or the measure %hich remains to #e undergone. )his period shall in no case #e of less than t%o years nor, su#"ect to any provision to the contrary, of more than five years. In the case of a criminal sentenced to life imprisonment the period of pro#ation shall not #e less than five years and not more than seven years. Articl# 203.7 R,l#% o* Con(,ct an( o* !,+#r.i%ion. 617 !ppropriate rules of conduct to #e o#served #y the pro#ationer during the period of pro#ation shall #e laid do%n in accordance %ith the foregoing general provisions 6!rt. 1997. )hey shall, in particular, take into account the age and character of the released prisoner, the risk to %hich he may #e e(posed and the degree of the relia#ility of his family, employment and social circumstances upon leaving the institution. )he fulfillment of these conditions shall, as far as possi#le, #e prepared prior to release %ith the assistance of the management of the institution and the protection, guardianship or the competent pu#lic authority. 6:7 )he released pro#ationer shall, unless other%ise ordered, #e su#"ect to the supervision, direction and guidance of a protector or charita#le organi&ation 6!rt. :<97. Bo%ever, this measure may not #e passed in cases %here it cannot #e enforced or %here its enforcement is unnecessary. Articl# 20:.7 R#%,lt o* Pro'ation. 617 )he re$uirements for pro#ation and conditions under %hich it can #e revoked shall #e governed #y the forgoing general provisions 6!rt. :<<7. 6:7 ?hen the conditional release has #een revoked the released person shall #e sent #ack to the institution from %hich he had #een released. )he time spent in conditional li#erty shall not #e deducted from the term of the sentence or duration of the measure still to #e undergone. If a fresh crime has mean%hile #een committed, su#"ect to the provisions regarding recidivism 6!rts. A7 and 1997, the penalty to #e pronounced for the ne% crime shall #e added to the remaining penalty

6>7 If the released person is of good #ehaviour until the e(piration of the period, of pro#ation his release shall #e final and his penalty e(tinguished. Articl# 20<.7 E**#ct o* Pro"i'ition% an( Ot"#r M#a%,r#%. 617 ?hen, in addition to a penalty entailing toss of li#erty, a prohi#ition to practice a trade or profession 6!rt+ 1:>6c77, to resort to certain places or there to reside, or o#ligatory residence or e(pulsion 6!rts. 1'5+15<7 has #een ordered, the Court may, in the event of conditional release and upon such release, order #y %ay of pro#ation, the suspension of the prohi#ition 6!rt. 15:7 if having regard to all the circumstances it seems desira#le. It shaft #e guided #y the degree of reform of the released person, the disappearance or diminution of his dangerous disposition and the favoura#le effect that suspension may #e e(pected to produce on his reinstatement. 6:7 )he Court shall so decide after en$uiry 6if any7 and on the recommendation of the penitentiary authority and the appropriate supervisory authority and the appropriate supervisory authorities. It shall determine the conditions, limitation or guarantees 6security, control, etc.7 upon %hich the attempt at resumption of normal life shall #e conditioned. 6>7 ?hen a conditionally released criminal has #ehaved himself in accordance %ith the rules of conduct imposed upon him %ithout any #lame and appears to #e reformed such that it is not likely that he %ill again commit the crime for %hich a penalty restricting li#erty or entailing e(pulsion %as imposed, the additional penalty or measure that %as imposed upon him shall no longer #e applied. !,'7%#ction III.7 !,+#r.i%ion '& a C"arita'l# Or0aniBation Articl# 20=.7 Princi+l#. -upervision #y a charita#le organi&ation is an essential feature of the system aiming at o#taining good results from the enforcement of penalties and measures and the various methods %here#y such enforcement is carried out. )he placing under the supervision of a charita#le organi&ation is compulsory in all cases %here the la% so provides. In all other cases a criminal either conditionally or finally released may at all times voluntarily have recourse to the help or assistance of such an organi&ation. )he responsi#le charita#le #odies shall #e #ound to afford him their assistance. Articl# 202.7 P,r+o%# an( D,ti#%.

617 )he duties of the charita#le organi&ations consist in affording criminals %ho have to read"ust themselves to life in the community, either during a period of suspension or after their conditional or final release from a penalty or a measure entailing lost of li#erty, counsel, guidance and moral and material assistance %ith a vie% to achieving the purpose of reinstatement %hich is aimed at, and forestalling a future relapse. )he appointed charita#le organi&ation may, in particular, place the protected persons in employment or find for them, or assist them in finding, %ork, an employer, lodgings or relief, direct them as to the proper use of their savings or earnings and, generally, give them every other support necessary to ena#le them to lead an honest life. 6:7 It shall e(ercise regular supervision over them #ut %ith such discretion as is proper so as not to, risk impairing their reha#ilitation, and report to the Court and to the competent authorities %henever necessary. Articl# 210.7 Or0aniBation. 617 )he aforesaid duties shall #e carried out #y the association or groups, of a pu#lic or private character, %hich devote their activity thereto, %ith the assistance and under the control of the -tate. )hey may #e entrusted to a $ualified protector or pro#ation officer of unimpeacha#le morality, to #e appointed from case to case. @nless other%ise necessary they shall not #e entrusted to police authorities. 6:7 )he detailed conditions shall #e regulated in la% concerning the enforcement of penalties and orders dealing %ith this matter.

CHAPTER II DI!CONTINUANCE AND EDTINCTION OF THE PRO!ECUTION AND THE PENALT@ !#ction I.7 A'%#nc# o* Acc,%#r or Acc,%#( !,'7%#ction I.7 A'%#nc# o* Acc,%ation or Com+laint Articl# 211.7 Ri0"t o* Com+laint or Acc,%ation in 4#n#ral.

617 Prosecution %ith a vie% to a "udgment and the enforcement of the penalty is a pu#lic proceeding and is instituted #y the pu#lic prosecutor in all cases %here the la% does not other%ise e(pressly provide. 6:7 Prosecution #y the pu#lic prosecutor does not e(clude the right of lodging a complaint or accusation to the competent pu#lic authorities. Articl# 212.7 Crim#% P,ni%"a'l# ,+on a Formal Com+laint. ?here the la% in the -pecial Part of this Code or in any other legislation that complements criminal la% provides that a crime is punisha#le upon complaint, no charge shall #e instituted against the criminal unless the in"ured party or his legal representative institutes a complaint. Articl# 21-.7 Tim# 1it"in 1"ic" to Lo(0# a Com+laint. )he complaint must #e lodged %ithin three months from the day %hen the in"ured person kne% of the criminal act or the criminal. @pon e(piration of this period of time he shall #e deemed to have renounced so doing unless he %as materially incapacitated from acting, and the complaint shall no longer #e entertained. ?here a complaint is not made o%ing to the aforesaid ground, the period of three months shall run from the day on %hich the incapacity ceased to e(ist. !,'7%#ction II.7 D#at" o* an Acc,%#( or a Con.ict#( P#r%on

Articl# 214.7 D#at" o* t"# Acc,%#( Prior to Con.iction. ! prosecution may neither #e instituted nor continued %here an accused person dies #efore the institution of a charge in a court or #efore the pronouncement of "udgment. Articl# 213.7 D#at" o* a Con.ict#( P#r%on. Death of a convicted person after a sentence has #een passed puts an end to the enforcement of the penalties and any measures pronounced. !#ction II.7 Limitation a% to Pro%#c,tion an( P#nalti#%

!,'7%#ction I.7 Limitation a% to Pro%#c,tion Articl# 21:.7 Princi+l# an( E**#ct. 617 @nless other%ise provided #y la%, in all criminal cases the prosecution and the criminal action shall #e #arred and may no longer #e instituted or #rought upon the e(piration of the legal period of time stated #elo%.

4imitation e(tinguishes the lia#ility to punishment in respect to any of the participants. !s soon as the limitation period has elapsed neither a conviction nor penalties or measures may #e pronounced. 6:7 ven %here .the defendant fails to raise the #arring of the charge #y a period of limitation the Court or the Prosecutor shall, at any time, consider the #arring of the charge #y limitation.

!rticle :17.+ Erdinary 4imitation Periods. 617 )he limitation period of a criminal action shall #e as follo%s8 6a7 t%enty+five years for crimes punisha#le %ith death or rigorous imprisonment for life5 6#7 t%enty years for crimes punisha#le %ith rigorous imprisonment e(ceeding ten years #ut not e(ceeding t%enty+five years5 6c7 fifteen years for crimes punisha#le %ith rigorous imprisonment e(ceeding five years #ut not e(ceeding ten years5 6d7 ten years for crimes punisha#le %ith rigorous imprisonment not e(ceeding five years5 6e7 five years for crimes punisha#le %ith simple imprisonment e(ceeding one year5 6f7 three years for crimes punisha#le %ith simple imprisonment not e(ceeding one year, or %ith fine only. 6:7 In respect of concurrent crimes8 6a7 the period of limitation for one of the crimes shall apply to all of them %here the ma(imum penalty of each crime is the same5 6#7 the period of limitation for the most serious crime shall apply to the other crimes %here the ma(imum penalties of the concurrent crimes are different. Articl# 21= !+#cial P#rio(%. -u#"ect to the provision of !rticle :1>, the period of limitation of any crime punisha#le upon complaint shall #e t%o years. Articl# 212 Calc,lation o* P#rio(%. 617 4imitation periods shall #e determined on the #asis of the ma(imum penalty provided #y the provision of the -pecial Part %ithout regard to the e(tenuating or aggravating circumstances involved in the case. ?here the la% penali&es the act %ith several penalties to #e applied either alternatively or concurrently the periods shall #e calculated on the #asis of the most severe penalty.

6:7 )he limitation period shall #egin to run from the day on %hich the criminal first e(ercised his criminal activity. If the criminal act %as committed repeatedly the period shall #egin to run from the day on %hich the last act %as performed5 if it %as pursued over a period of time the period shall #egin to run from the day on %hich it ceased. ?here achieving a given result is one of the constituents of the crime the period shall #egin to run on the day on %hich this result occurred. Articl# 220.7 !,%+#n%ion o* P#rio( o* Limitation. 617 4imitation shall #e temporarily suspended as long as there su#sists a #ar in la% or in fact. It shall also #e suspended %here a charge has #een instituted and the case is undergoing a "udicial proceeding, or %here the decision in the criminal case against the defendant cannot #e given until other proceedings have #een completed. @pon removal of the #ar the period of limitation shall revive and continue its course. 6:7 In all cases %here the la% re$uires the lodging of a complaint for the institution of a prosecution the a#sence of this formality shall not prevent the limitation period from running. -imilarly, any act of the criminal voluntarily done to hinder the institution or continuation of the prosecution shall not prevent the limitation period from running. Articl# 221.7 Int#rr,+tion o* P#rio( o* Limitation. )he limitation period shall #e interrupted #y any order, act or decision for purposes of search, summons, prosecution or investigation in relation to the crime or the criminals. @pon each interruption the %hole period of limitation shall #egin to run afresh. )he interrupting act shall #e a#solute as to its effect5 it is effectual to%ards all the participants in the crime, %hether kno%n or unkno%n. Articl# 222.7 A'%ol,t# Limitation. ?hatever the circumstances may #e the prosecution and the criminal action shall #e #arred in all cases %hen a period e$ual to dou#le the ordinary period of limitation provided #y la% 6!rt. :177 has elapsed or, in cases %here a special period applies 6!rt. :197, %hen such a period has #een e(ceeded #y haif. !,'7%#ction II.7 Limitation o* P#nalti#% an( M#a%,r#%

Articl# 22-.7 Princi+l# an( E**#ct. 617 @nless other%ise e(pressly provided #y la%, %hen for any reason %hatsoever the sentence has not #een enforced %ithin the period of time stated #elo%, the right to enforce it shall #e e(tinguished and the penalty or measure pronounced no longer enforcea#le 6!rts. ::'+::97. )he limitation of the principal penalty shall entail the limitation of any secondary penalties or measures. )he limitation of the principal penalty shall also apply to the confiscation of property related %ith the penalty. Bo%ever, %here measures are imposed %ithout principal penalties the provision of !rticle ::'6d7 shall apply. 6:7 4imitation must #e carried out on their o%n initiative #y all appropriate "udicial or e(ecutive authorities. 6>7 Despite the non+e(ecution of the sentence passed due to the e(piry of the period of limitation, its entry shall remain in the "udgment register of the criminal. Articl# 224.7 Or(inar& P#rio(% M#a%,r#%. o* Limitation o* P#nalti#% an(

617 )he period of limitation of the penalties or measures shall #e as follo%s8 6a7 thirty years for a death sentence or a sentence for rigorous imprisonment for life5 6#7 t%enty years for a sentence for rigorous imprisonment for more than ten years5 6c7 ten years for a sentence entailing loss of li#erty for more than one year5 6d7 five years for all other penalties or measures. 6:7 In the event of concurrent penalties, the lighter penalties shall #e #arred at the same time as the most severe penalty. Articl# 223.7 Calc,lation o* t"# P#rio(. 617 )he period of limitation shall run from the day on %hich the "udgment, #eing final, %as enforcea#le or, if the enforcement had commenced, from the day on %hich the convict evaded such enforcement. ?hen the convict %as granted the #enefit of a measure of suspension and such suspension %as cancelled, the period shall start from the day on %hich the enforcement of the penalty %as ordered. 6:7 ?here concurrent penalties have #een decided the period of limitation shall #e calculated on the #asis of the period of limitation for the most severe penalty.

Articl# 22:.7 !,%+#n%ion o* P#rio( o* Limitation o* P#nalt& an( M#a%,r#%. )he limitation of the penalty or measure shall #e suspended8 6a7 %henever penalty or measure cannot #e carried out or continued under the provisions of the la%, and as long as such impediment su#sists5 6#7 as long as the convict en"oys the #enefit of a measure of suspension or pro#ation or %as granted time for payment5 6c7 as long as he is imprisoned pursuant to a penalty entailing loss of li#erty or an order of measure, Articl# 22<.7 Int#rr,+tion o* P#rio( o* Limitation o* P#nalt&. 4imitation shall #e interrupted #y any act for the enforcement, or aiming at the enforcement, of the penalty performed #y the authority responsi#le for such enforcement. Articl# 22=.7 A'%ol,t# P#rio( M#a%,r#%. o* Limitation o* P#nalti#% an(

)he limitation of the penalty or the measure shall in all circumstances #e final %hen the ordinary period 6!rt. ::'7 is e(ceeded #y one half, save %hen, during this period, the criminal sho%ed that he is dangerous #y committing an intentional crime punisha#le %ith at least rigorous imprisonment. !#ction III.7 Par(on an( Amn#%t& Articl# 222.7 Par(on. 617 @nless other%ise provided #y la%, a sentence may #e remitted in %hole or in part or commuted into a penalty of a lesser nature or gravity #y an act of pardon of the competent authority. Pardon may apply to all penalties and measures, %hether principal or secondary and %hatever their gravity, %hich are enforcea#le. 6:7 )he conditions of pardon shall #e governed #y the relevant provisions of pu#lic la%. )he order granting pardon may determine the conditions to %hich it is su#"ected and its scope. Pardon shall not cancel the sentence the entry of %hich shall remain in the "udgment register of the criminal and continues to produce its other effects. Articl# 2-0.7 Amn#%t&. 617 @nless other%ise provided #y la%, an amnesty may #e granted in respect to certain crimes or certain classes of criminals, either

a#solutely or su#"ect to certain conditions or o#ligations, #y the appropriate competent authority, %hen circumstances seem to indicate that such a measure is e(pedient. )he conditions of granting amnesty shall #e as provided #y la%. )he la% shall specify its purpose, the #eneficiaries and its scope. 6:7 !n amnesty #ars or discontinues any prosecution from the moment of its promulgation. ?hen a sentence has #een passed an amnesty cancels it as %ell as all its other conse$uences under criminal la%. )he conviction shall #e presumed to #e non+e(istent and the entry deleted from the "udgment register of the criminal. Articl# 2-1.7 Ci.il R#+aration an( Co%t%. 617 Pardon or amnesty shall not affect any civil reparation and the payment of damages to in"ured persons. 6:7 @nless other%ise provided #y the order granting pardon or amnesty, costs incurred to%ards the -tate and %hich have not yet #een collected shall #e regarded as remitted #y either measure. !#ction I?.7 R#in%tat#m#nt Articl# 2-2.7 Princi+l#. 617 ! convict %ho has undergone his penalty or %hose penalty is #arred #y limitation or has #een remitted #y pardon or %hose penalty has #een suspended on pro#ation or %ho has #een released conditionally may, at his re$uest, o#tain his reinstatement and the cancellation of his conviction, if he fulfils the conditions mentioned hereinafter. 1einstatement must #e deserved and shall never #e granted as of right. 6:7 If the convict %ho satisfies the re$uirements prescri#ed #y la% is incapa#le of acting #y himself or has died, the re$uest may #e made #y his legal representative or a ne(t+of+kin. Articl# 2--.7 Con(ition% *or R#in%tat#m#nt. 1einstatement shall #e granted #y the Court8 6a7 if in the cases of a penalty of rigorous imprisonment, a measure of permanent e(pulsion or a penalty of general confiscation of property a period of at least five years has elapsed since the penalty %as undergone or #arred #y limitation or since the convict %as released #ecause his penalty %as remitted #y pardon, or since the penalty %as suspended or since the convict %as conditionally released, %here he successfully under%ent the period of pro#ation

in case of suspension of penalty or conditional release5 in other cases, the period must #e t%o years at least5 6#7 if the sentence has #een enforced as regards any secondary penalties imposed5 6c7 if the convicted person has paid the compensation, damages and costs ordered #y the "udgment in, so far as it could #e e(pected from him having regard to circumstances5 and 6d7 if during the period specified in su#+article 6a7 a#ove the convicted person %as al%ays of good #ehaviour and has not #een convicted of a crime punisha#le %ith imprisonment. )he minimum period for the conditions of reinstatement specified in su#+article 6a7 a#ove shall apply only as long as it does not affect the period regarding recidivism as laid do%n in !rticle A7 of this Code. Articl# 2-4.7 !+#cial Ca%#%. 617 ?hen the penalty is #arred #y limitation reinstatement may not #e ordered #efore the time at the earliest %hen the penalty pronounced %ould have come to an end if it had #een undergone on the coming into force of the sentence. 6:7 ?hen a nota#ly praise%orthy act performed #y the, applicant in the civil, military or social fields so "ustifies, reinstatement may #e ordered prior to the e(piration of the normal period of time. Articl# 2-3.7 E**#ct% o* R#in%tat#m#nt. 1einstatement, since it cancels the sentence, shall produce the follo%ing effects8 617 the convicted person is relieved, for the future, of any forfeitures of rights or privileges, incapacities and dis$ualifications and recovers the capacity to e(ercise his civil, family and professional rights5 6:7 the sentence shall #e deleted from the "udgment register and for the future #e presumed to #e non+e(istent5 6>7 a reproach referring to an old conviction made either y ill+%ill or any other reason shall come under the provisions of criminal la% regarding defamation, and he defences #ased upon "ustification or pu#lic interest shall not #e admissi#le. Articl# 2-:.7 Di%mi%%al an( R#n#1al o* t"# R#9,#%t.

If the Court dismisses the re$uest for reinstatement as un"ustified it cannot #e rene%ed #efore a period of t%o years has elapsed. Articl# 2-<.7 R#.ocation o* t"# D#ci%ion.

1einstatement shall #e revoked and may no longer #e granted %hen su#se$uently, %ithin a period of five years, a fresh sentence to capital

punishment or rigorous imprisonment has #een imposed upon the reinstated person #y a "udgment %hich is final.

PART II !PECIAL PART

OO6 III CRIME! A4AIN!T THE !TATE OR A4AIN!T NATIONAL OR INTERNATIONAL INTERE!T! TITLE I CRIME! A4AIN!T THE !TATE CHAPTER I CRIME! A4AIN!T THE NATIONAL !TATE !#ction I.7 Crim#% a0ain%t T"# Con%tit,tional Or(#r an( t"# Int#rnal !#c,rit& o* t"# !tat#

!,'7%#ction I. 7 Crim#% A0ain%t t"# Con%tit,tion or t"# !tat# Articl# 2-=.7 O,tra0#% a0ain%t t"# Con%tit,tion or t"# Con%tit,tional Or(#r. 617 ?hoever, intentionally, #y violence, threats, conspiracy or any other unla%ful means8 6a7 overthro%s, modifies or suspends the .ederal or -tate Constitution5 or 6#7 overthro%s or changes the order esta#lished #y the .ederal or -tate Constitution, is punisha#le %ith rigorous imprisonment from three years to t%enty+five years. 6:7 ?here the crime has entailed serious crises against pu#lic security or life, the punishment shall #e life imprisonment or death. Articl# 2-2.7 O'%tr,ction Po1#r%. o* t"# #;#rci%# o* Con%tit,tional

?hoever, #y violence, threats or any other unla%ful means, restrains or prevents any official or #ody constituted #y the .ederal or -tate Constitution from e(ercising their po%ers or forces them to give a decision, is punisha#le %ith rigorous imprisonment not e(ceeding fifteen years. Articl# 240.7 Arm#( Ri%in0 or Ci.il 5ar. 617 ?hoever intentionally8

6a7 organi&es or leads a revolt, mutiny or armed re#ellion against any official or #ody constituted #y a Constitution5 or 6#7 raises civil %ar, #y arming citi&ens or inha#itants or #y inciting them to take up arms against one another, is punisha#le %ith rigorous imprisonment from ten years to t%enty+five years. 6:7 ?here the crime has entailed serious crises against pu#lic security or life, the punishment shall #e life imprisonment or death. 6>7 ?hoever of his o%n free %ill takes part in the movement mentioned in su#+article 617 of this !rticle is punisha#le %ith rigorous imprisonment from seven years to t%enty years. 6'7 ?here it is proved that the organi&er or participant has caused in"ury to life, li#erty, person, health or property or has committed another crime, he shall in addition #e lia#le under the relevant provision of the la%. Articl# 241.7 AttacC on t"# Political or T#rritorial Int#0rit& o* t"# !tat#. ?hoever, #y violence or any other unconstitutional means, directly or indirectly, commits an act designed to destroy the unity of the peoples, or to destroy the .ederation, or to sever part of the territory or population from the .ederation or the -tate, is punisha#le %ith rigorous imprisonment from ten years to t%enty+five years, or, in cases of e(ceptional gravity, life imprisonment or death.

Articl# 242.7 ?iolation o* T#rritorial or Political !o.#r#i0nt&. ?hoever, contrary to the national la%, the principles of international la%, rules or treaties8 6a7 enters the territory of the -tate for the purpose of there engaging in any su#versive activity5 or 6#7 proceeds, %ithin the territory of the -tate, to perform on #ehalf of a foreign po%er or organi&ation acts %hich are %ithin the "urisdiction of the pu#lic authorities of thiopia, particularly investigations, searches or "udicial in$uiries, is punisha#le %ith simple imprisonment, or, in cases of e(ceptional gravity, %ith rigorous imprisonment not e(ceeding ten years. Articl# 24-.7 Unla1*,l D#+art,r#/ Entr& or R#%i(#nc#.

617 ?hoever intentionally8

6a7 departs from, enters into or resides in the territory of the -tate in violation of the national la%5 or 6#7 causes any of the acts specified in 6a7 a#ove to #e committed, is punisha#le %ith simple imprisonment or fine or %ith #oth. 6:7 ?hoever, %ith the intention of o#taining, directly or indirectly, advantage procures illegal entry of a person, %ho is not either a national or a permanent resident of thiopia, into the territory of another -tate or produces, procures, provides or possesses a fraudulent travel document or identity card for ena#ling illegal entry into the thiopia territory of the person or performs an act that ena#les him to illegally remain in thiopia %ithout complying %ith the necessary legal re$uirements, is punisha#le %ith rigorous imprisonment from five years to ten years. 6>7 ?here the life or safety of the migrant is endangered or is su#"ected to inhuman or degrading treatment as a result of the crime committed under su#+article 6:7 of this !rticle, the person %ho committed the crime shall #e punisha#le from five years to fifteen years of rigorous imprisonment. 6'7 )he punishment shall #e in accordance %ith !rticle 9< of this Code %here the assistance in the commission of one of the acts specified in su#+article 6176a7 of this !rticle is #y a "uridical person. 657 ?here the act is clearly a petty offence, the relevant provisions of the Code of Petty Effences shall apply.

!,'7%#ction II.7 Articl# 244.7

In8,ri#% an( In%,lt to t"# !tat# AttacC% a0ain%t t"# !tat# an( National an( ot"#r Em'l#m%.

617 ?hoever, #y %ord or #y deed or in any other %ay, a#uses, insults, defames or slanders the -tate in pu#lic, is punisha#le %ith simple imprisonment for not less than three months or %ith a fine not less than five hundred *irr. )he act of defamation, slander, a#use or insult is deemed to #e committed as defined under !rticles A1> and A15. 6:7 ?hoever, maliciously, or %ith contempt or any other similar intent, pu#licly tears do%n, sets on fire, destroys, in"ures, defaces, insults or in any other %ay a#uses an officially recogni&ed national em#lem, such as the flag or insignia of .ederal thiopia or the 1egional -tates, is punisha#le %ith simple imprisonment for not less than three months or fine. Articl# 243.7 Unla1*,l ,%# o* O**icial Em'l#m%.

?hoever makes unla%ful use, for any purpose, of such flags or insignia as mentioned under !rticle :'', is punisha#le %ith simple imprisonment or fine. !#ction II.7 Crim#% a0ain%t t"# E;t#rnal !#c,rit& an( D#*#n%i.# Po1#r o* t"# !tat#

Articl# 24:.7 AttacC% on t"# In(#+#n(#nc# o* t"# !tat#. ?hoever commits an act intended to8 6a7 "eopardi&e or destroy the independence of the -tate5 or 6#7 provoke intervention #y a foreign -tate in the national affair, calculated to endanger its in dependence5 or 6c7 initiate hostile acts #y a foreign -tate against the /ation, or to involve it in a foreign %ar, hostilities, a #lockade or occupation, is punisha#le %ith rigorous imprisonment from five years to t%enty+five years, or, in cases of e(ceptional gravity, %ith life imprisonment or death. Articl# 24<.7 Im+airm#nt o* t"# D#*#n%i.# Po1#r o* t"# !tat#. ?hoever intentionally impairs the defensive po%er of the -tate8 6a7 #y un"ustifia#le surrendering, or #y destroying, sa#otaging, or putting out of action any enterprise, installation or position, any means of production, trade or transport or any %orks, esta#lishments, depots, armaments or resources of a military nature or intended for the defence of the country5 or 6#7 #y delivering troops to, or #y recruiting a citi&en of the -tate for, or encouraging his enlistment in, the military service of a foreign po%er, or #y himself entering such service, if a citi&en5 or 6c7 #y pu#licly instigating refusal to serve, mutiny or desertion, or #y inciting a person lia#le to military service to commit any of these crimes5 or (d) #y o#structing, impeding or in any other %ay sa#otaging military measures taken for the purpose of national defence, is punisha#le %ith rigorous imprisonment from five to t%enty+five years, or, in cases of e(ceptional gravity, such as in time of %ar or danger of %ar, %ith life imprisonment or death. Articl# 24=.7 Hi0" Tr#a%on. ?hoever, en"oying thiopian nationality or #eing officially entrusted %ith the protection of thiopian national interests8 6a7 takes up arms or engages in hostile acts against thiopia5 or (b) has dealings %ith or keeps up a secret correspondence %ith a po%er at %ar %ith thiopia, or %ith a person or #ody acting on #ehalf of such po%er, for the purpose of ensuring or promoting the enemy,s success in any manner %hatsoever5 or

(c) delivers to the enemy, %hether directly or indirectly, an o#"ect, armament, plan, document or resources of any kind used for the national defence, or aids the enemy #y rendering services or delivering supplies to him, is punisha#le %ith rigorous imprisonment from five to t%enty + five years, or, in cases of e(ceptional gravity, %ith life imprisonment or death. Articl# 242.7 Tr#a%on. 617 ?hoever, en"oying thiopian nationality or #eing officially entrusted %ith the protection of thiopian national interests8 (a) discloses, delivers, communicates or makes accessi#le to the pu#lic, to a foreign -tate, political party, organi&ation, agent, a secret, a document, negotiations or a decision %hich the interests of thiopia demand shall not #e divulged5 or 6#7 %hile acting as a representative of the -tate or %hile entrusted %ith the conduct on its #ehalf of negotiations %ith a foreign po%er, manifestly sacrifices the interests he is called upon to defend to those of the other po%er5 or 6c7 destroys, suppresses, purloins, causes to disappear or falsifies documents, papers or means of proof relating to the security, independence or vital interests of the -tate, is punisha#le .%ith rigorous imprisonment not e(ceeding fifteen years. (2) In cases of e(ceptional gravity directly endangering the e(istence or independence of the -tate, the Court may impose rigorous imprisonment from ten years to t%enty+five years. (3) ?here the criminal has acted negligently, the punishment is simple imprisonment for not less than si( months, %hich may #e increased to five years rigorous imprisonment in cases of e(ceptional gravity. Articl# 230.7 Economic Tr#a%on. (1) ?hoever, en"oying thiopian nationality, or #eing officially entrusted %ith the protection of thiopian national interests8 (a) discloses, delivers, communicates or makes accessi#le to the pu#lic or a#road economic negotiations, decisions, facts or documents kept secret in the higher interests of thiopia or in those of national defence5 or 6#7 discloses or delivers o#"ects, means or other things of such a nature entrusted to him5 or (c) participates in or su#scri#es to a loan floated #y a country in a state of %ar %ith thiopia, is punisha#le %ith rigorous imprisonment not e(ceeding ten years. In more serious cases, the rigorous imprisonment may e(tend up to t%enty years. (2) ?here the criminal has acted negligently, the punishment is simple imprisonment for not less than three months.

Articl# 231.7 Colla'oration 1it" t"# En#m&. ?hoever en"oying thiopian nationality or #eing officially entrusted %ith the protection of thiopian national interests, in time of %ar or of total or partial occupation of the territory of thiopia, helps the enemy %ith advice or #y deed, %ith the intention of promoting the o#"ective of the enemy, in particular8 6a7 #y e(ercising on his #ehalf civil or administrative functions in the "udicial, police or prisons services, or in custody, transport or other services5 or 6#7 #y denouncing or handing over to him patriots or fugitives seeking to escape from his restraint5 or 6c7 #y entering any propaganda, pu#lishing or press service designed to promote the interests of an enemy or occupying po%er5 or 6d7 #y engaging, directly or through an Intermediary, in dealings involving economic colla#oration %ith such enemy or po%er, is punisha#le %ith rigorous imprisonment not e(ceeding t%enty years, or in cases of e(ceptional gravity, %ith rigorous imprisonment for life or death. Articl# 232.7 E%+iona0#.

617 ?hoever, on #ehalf of a foreign -tate, political party or organi&ation, and to the detriment of thiopia or of its institutions, organi&ations or nationals8 6a7 organi&es, engages in or encourages a political, diplomatic, military or economic intelligence service, or recruits or employs another person for such service5 or 6#7 collects, transmits, delivers or makes availa#le information of this nature %hich is secret or is not a matter of pu#lic kno%ledge, to an official service or to a private service or to its agents, is punisha#le %ith rigorous imprisonment not e(ceeding ten years, %here the espionage is harmful to the -tate or to the pu#lic interest, or %ith rigorous imprisonment not e(ceeding five years %here it is harmful to private persons or undertakings. (2) ?here the information divulged is calculated directly to endanger the internal or e(ternal security of the -tate, the punishment is rigorous imprisonment not e(ceeding t%enty years. In cases of e(ceptional gravity, and especially in the case of political, diplomatic or military espionage carried out in time of %ar or danger of %ar, the criminal is punisha#le %ith rigorous imprisonment for life, or, %here the vital interests of thiopia are at stake, %ith death. Articl# 23-.7 Prot#ction #;t#n(#( to Alli#( Po1#r%.

)he punishments prescri#ed in this -ection shall also apply %here one of the crimes thereunder has #een committed to the detriment of a po%er in alliance %ith or associated %ith thiopia, %herever the legislation of such po%er provides for reciprocity. !#ction III.7 Common Pro.i%ion%

Articl# 234.7 In(ir#ct Ai( an( Enco,ra0#m#nt. (1) ?hoever, #eing a%are that a crime under !rticles :'1+:'A, :5:+ :59 has #een committed, or attempted or is #eing prepared, fails to inform the authorities thereof, or does not to the #est of his a#ility try to prevent the crime from #eing carried out and to #ring the criminal to "ustice, save in cases of force ma"eure or manifest impossi#ility, is punisha#le %ith rigorous imprisonment not e(ceeding five years. (2) ?hen the crime is committed in time of internal or e(ternal emergency, the punishment shall #e rigorous imprisonment not e(ceeding ten years. (3) Efficial or professional secrecy cannot #e invoked to evade the o#ligation to inform the authorities. (4) Hinship or dose ties of affection %ith the perpetrator of the crime cannot #e invoked as an e(cuse in the a#ove+mentioned cases 6!rt. 9>7. Articl# 233.7 Att#m+t#( Incit#m#nt an( A%%i%tanc#. ?here the crimes under !rticles :>9+:':,:'A+:5: have not #een attempted, incitement 6!rt. >A6:77, assistance 6!rt. >76>77, or an attempt to incite or assist 6!rt. :76:77, in such crimes, is punisha#le %ith simple imprisonment from one month to five years, or %ith rigorous imprisonment not e(ceeding ten years in cases %here the foreseea#le conse$uences of the activities are particularly grave. Articl# 23:.7 Mat#rial +r#+aration o* !,'.#r%i.# Act%. ?hoever, for any of the purposes specified under !rticles :>9+ :':, :'A+:5:8 (a) recruits, organi&es or #rings into a country troops, guerillas, #andits or mercenaries5 or 6#7 prepares, stores up or imports arms, munitions, provisions, money Er such material means, is punisha#le %ith rigorous imprisonment not e(ceeding fifteen years. Articl# 23<.7 Pro.ocation an( Pr#+aration.

?hoever, %ith the o#"ect of committing or supporting any of the acts provided under !rticles :>9+:':,:'A+:5:8 (a) pu#licly provokes them #y %ord of mouth, images or %ritings5 or (b) conspires to%ards, plans or urges the formation of, a #and or group %ith other persons, %hether %ithin or outside the country5 or 6c7 "oins such #and or group, adheres to its schemes or o#eys its instructions5 or (d) enters into relations or esta#lishes+ secret communication %ith a foreign government, political party, organi&ation or agent5 or (e) launches or disseminates, systematically and %ith premeditation, #y %ord of mouth, images or %ritings, inaccurate, hateful or su#versive information or insinuations calculated to demorali&e the pu#lic and to undermine its confidence or its %ill to resist, is punisha#le %ith simple imprisonment, or %here the foreseea#le conse$uences of his activities are particularly grave, %ith rigorous imprisonment not e(ceeding ten years. Articl# 23=.7 A00ra.ation to t"# Crim#. In all cases in this Chapter for %hich the ta% provides the alternative of rigorous imprisonment for life or death, the Court shall pass sentence of death8 %here the crime has #een committed during or under threat of internal distur#ance, in time of danger of civil or foreign %ar or foreign interference, or %here martial ta% or any officially recogni&ed state of emergency has #een declared5 or %here the acts are the a conspiracy #rought to fruits carried out #y an organi&ed armed #and8 or %here the criminal has made use of resources, arms, means or support furnished from a#road or #y foreign political parties of organi&ations5 or %here the criminal has used #om#s, dynamite e(plosive or other terrorist methods constituting a pu#lic danger.

(a)

(b) (c) (d)

Articl# 232.7 A((itional +#nalti#% an( m#a%,r#%. (1) In all cases punisha#le under this Chapter %ith rigorous imprisonment, the Court may also impose a fine not e(ceeding one hundred thousand *irr %here the criminal e(ercises or has #een given an authori&ed po%er or leadership assignment, or %here he has acted for motives of self+interest. ?here a foreign national has #een sentenced to rigorous imprisonment for five years or more, his e(pulsion on completion of his sentence shall #e ordered. In all cases of treason, espionage or transmission of secrets, the material, correspondence or documents connected %ith the crime shall #e confiscated.

(2) (3)

Articl# 2:0.7 Con*i%cation o* Pro+#rt&. ?hoever #eing an thiopian national, or #eing officially entrusted %ith the protection of thiopian national interests is found guilty and convicted of any one of the crimes under !rticles :>9, :'< and :'1, or :'A+ :51 and :5:6:7 of this Chapter, the Court may, in addition to the principal penalty, order the confiscation of the criminal,s property %ithin the limits specified #y la% 6!rt, 997. CHAPTER II CRIME! A4AIN!T FOREI4N !TATE! Articl# 2:1.7 Ho%til# Act% A0ain%t a For#i0n !tat#. ?hoever, %ithin the territory of thiopia and at the risk of endangering peaceful relations %ith foreign countries8 (a) attempts to distur#, #y su#versive activities, #y slander, #y malicious propaganda or #y violence, the internal political order or security of a foreign -tate5 or (b) infringes a governmental decision, duly pu#lished in the .ederal /egarit 0a&eta or officially declared #y other means, taken for the purpose of safeguarding thiopia,s neutrality during a foreign %ar5 or 6c7 provokes, undertakes or encourages acts hostile to a foreign #elligerent po%er, is punisha#le %ith simple imprisonment for at least three months, or, in cases of e(ceptional gravity, %ith rigorous imprisonment not e(ceeding ten years. !rticle :A:.+ Eutrages against .oreign Beads of -tate, 1epresentatives and Ether Persons n"oying Protections under International 4a%. (1) ?hoever, %ithin the territory of the -tate of thiopia makes an attack on or endangers the life, li#erty or security of head of -tate or 0overnment, 2inistry of .oreign !ffairs, representative of a foreign state or his family accompanying him or any official or agent of international organi&ation or any other person en"oying protections from any attack under international 4a%5 or endangers his official premise, private accommodations or means of transport5 or utters a threat to commit one of the acts specified a#ove5 is punisha#le %ith rigorous imprisonment not e(ceeding ten years.

6:7 ?here the death of persons specified in su#+article 617 a#ove ensued during the commission of a crime, the relevant provisions relating to homicide shall apply. Articl# 2:-.7 ?iolation o* For#i0n !o.#r#i0nt&. ?hoever, contrary to pu#lic international la%, for the purpose of engaging in unla%ful, su#versive or dangerous activities8 6a7 enters the territory of a foreign -tate5 or 6#7 improperly performs on the territory of such -tate acts falling %ithin the "urisdiction of the pu#lic authorities, is punisha#le %ith simple imprisonment, or, in more serious cases, %ith rigorous imprisonment not e(ceeding three years. Articl# 2:4.7 In%,lt% to For#i0n !tat#%. 617 ?hoever in any %ay pu#licly a#uses, insults, defames or slanders #y %ord of mouth or #y deed, a foreign -tate, either directly or in the person of its Bead, of one of its constituted authorities, of one of its accredited diplomatic representatives or of one of its official representatives or delegates in the territory of thiopia, is punisha#le %ith simple imprisonment or fine. (2) In grave cases, especially in a case of slander, simple imprisonment shall #e for not less than three months. Articl# 2:3.7 In%,lt% to t"# O**icial Em'l#m% o* For#i0n !tat#%. ?hoever, out of ill+%ill, hatred, contempt or improper motives tears do%n, destroys, defaces, insults or in any other %ay a#uses the em#lems of sovereignty of a foreign -tate %ith %hich thiopia maintains peaceful relations, particularly its insignia or national flag pu#licly hoisted #y an official representative of such -tate, is punisha#le %ith simple imprisonment or fine. Articl# 2::.7 In%,lt% to int#r7 !tat# In%tit,tion%. ?hoever pu#licly insults the representatives or the official em#lems of an inter+ -tate institution or organi&ation of %hich thiopia is a mem#er, is lia#le to the punishment provided for under !rticle :A5. Articl# 2:<.7 R#ci+rocit&. )he provisions relating to crimes against foreign -tates laid do%n in this Chapter shall apply only to -tates %hose legislation grants reciprocal protective treatment to thiopia. /othing in this !rticle shall affect the provision of !rticle :5>.

Articl# 2:=.7 Con(ition o* Pro%#c,tion. Prosecution for a crime under this Chapter can only #e instituted %here a complaint is lodged #y the concerned -tate or organi&ation and on the approval of the .ederal 2inister of 3ustice. TITLE II CRIME! IN ?IOLALTION OF INTERNATIONAL LA5 CHAPTER I FUNDAMENTAL CRIME! Articl# 2:2.7 4#noci(#.

?hoever, in time of %ar or in time of peace, %ith intent to destroy, in %hole or in part, a nation, nationality, ethnical, racial, national, colour, religious or political group, organi&es, orders or engages in8 6a7 killing, #odily harm or serious in"ury to the physical or mental health of mem#ers of the group, in any %ay %hatsoever or causing them to disappear5 or 6#7 measures to prevent the propagation or continued survival of its mem#ers or their progeny5 or 6c7 the compulsory movement or dispersion of peoples or children or their placing under living conditions calculated to result in their death or disappearance, is punisha#le %ith rigorous imprisonment from five years to t%enty+ five years, or, in more serious cases, %ith life imprisonment or death. Articl# 2<0.7 5ar Crim#% a0ain%t t"# Ci.ilian Po+,lation. ?hoever, in time of %ar, armed conflict or occupation organi&es, orders or engages in, against the civilian population and in violation of the rules of pu#ic international la% and of international humanitarian conventions8 (a) killings, torture or inhuman treatment, #iological e(periments, or arty other involving dire suffering or #odily harm, or to mental or physical health5 or (b) %ilful reduction to starvation, destitution or general ruination through the depreciation counterfeiting or systematic de#asement of currency5 or (c) the compulsory movement or dispersion of population, its systematic deportation, transfer detention in concentration camps or forced la#our camps5 or (d) forci#le enlistment in the enemy,s defence forces, intelligence services or administration5 or (e) denationali&ation or forci#le religious conversion5 or

(f) compulsion to acts of prostitution, de#auchery or rape5 or (g) measures of intimidation or terror, the taking of hostages or the imposition of collective punishments or reprisals5 or (h) the confiscation of estates, the destruction or appropriation of property, the imposition of unla%ful or ar#itrary ta(es or levies, or of ta(es or levies disproportionate to the re$uirements or strict military necessity5 or (i) the confiscation, destruction, removal, rendering useless or appropriation of property such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking %ater installations and supplies and irrigation %orks, health centres, schools5 or (j) the destruction, removal, attack, rendering useless or appropriation of the historical monuments, %orks of art, or places of %orship or using them in support of military effort5 or (k) %ithholding the provision of clothing, #edding, means of shelter, medical supplies and other supplies essential to the survival of the civilian population of the occupied territory5 or (l) attacking, displacing, causing to disappear or mistreating persons %ho, #efore the #eginning of hostilities, %ere considered as stateless persons or refugees under the relevant international instruments, or under the national legislation of the -tate of refuge or -tate of residence5 or (m) recruiting children %ho have not attained the age of eighteen years as mem#ers of defence forces to take part in armed conflict5 or (n) using any means or method of com#at against the natural environment to cause %idespread, long term and severe damage and there#y to pre"udice the health or survival of the population5 or (o) attacking dams, dykes, and nuclear electrical generating stations, if their attack causes the release of dangerous forces and conse$uent severe losses among the civilian population5 or (p) passing of sentences and carrying out of e(ecutions %ithout previous "udgment pronounced #y a regularly constituted Court %hich affords ail the "udicial guarantees, is punisha#le %ith rigorous imprisonment from five years to t%enty+ five years, or, in more serious cases, %ith life imprisonment or death. Articl# 2<1.7 5ar Crim#% a0ain%t 5o,n(#(/ !icC !"i+1r#cC#( P#r%on% or M#(ical !#r.ic#%.

(1) ?hoever, in the circumstances defined at organi&es, orders or engages in8 (a) killings, torture, %ithholding medical care attention re$uired #y their condition or inhuman treatment or other acts entailing direct suffering or physical or mental in"ury to %ounded, sick or ship%recked persons, or to mem#ers of the medical or first aid service5 or (b) the destruction, rendering unservicea#le appropriation of supplies, installations, transport materials or stores

#elonging to the medical or first aid services, in a manner %hich is unla%ful ar#itrary or disproportionate to the re$uirements of strict military necessity5 or (c) compelling persons engaged in medical, religious and "ournalistic activities to perform acts or to carry out %ork contrary to or to refrain from acts re$uired #y their respective professional rules and ethics or other rules designed for the #enefit of the %ounded, sick or civilian population, is punisha#le in accordance %ith !rticle :7<. (2) .or the purpose of su#+article 6178 (a) D%oundedD and DsickD means persons, %hether military or civilian, %ho, #ecause of trauma, disease or other physical or mental disorder or disa#ility, are in need of medical assistance or care and %ho refrain from any act of hostility. )hese terms also cover maternity cases, ne%ly #orn #a#ies and other persons %ho may #e in need of immediate medical assistance or care, such as the infirm or e(pectant mothers, and %ho refrain from any act of hostility. (b) Dship%reckedD means persons, %hether military or civilian, %ho are in peril at sea or in other %aters or in the air as a result of misfortune affecting them or the vessel or aircraft carrying them and %ho refrain from any act of hostility. Articl# 2<2.7 5ar Crim#% a0ain%t Pri%on#r% an( Int#rn#( P#r%on%.

?hoever, in the circumstances defined a#ove8 6a7 organi&es, orders or engages in killings, acts of torture or inhuman treatment or acts entailing dire suffering or in"ury to prisoners of %ar or interned persons5 or 6#7 compels such persons to enlist in the enemy,s defence forces or intelligence or administrative services, is punisha#le in accordance %ith !rticle :7<. Articl# 2<-.7 Pilla0#/ Pirac& an( Lootin0. ?hoever organi&es, orders or engages in looting, piracy, pillage, economic spoliation or the unla%ful destruction or removal of property on the prete(t of military necessity, is punisha#le in accordance %ith !rticle :7<. Articl# 2<4.7 Pro.ocation an( Pr#+aration. ?hoever, %ith the o#"ect of committing, permitting or supporting any of the crimes provided for in the preceding !rticles8 (a) pu#licly provokes or encourages, #y %ord of mouth, images or %ritings5 or

6#7 conspires to%ards or plans %ith another, urges the formation of, or himself forms a #and or group, "oins such a #and or group, adheres to its schemes or o#eys its instructions, is punisha#le %ith rigorous imprisonment not e(ceeding five years. Articl# 2<3.7 D#r#liction o* D,t& To1ar(% t"# En#m&. ?hoever, in time of %ar and contrary to pu#lic international la% and humanitarian conventions8 (a) kills or %ounds an enemy %ho has surrendered or laid do%n his arms, or %ho for any other reason is incapa#le of defending, or has ceased to defend, himself5 or 6#7 mutilates a dead person5 or 6c7 lays hands on or does violence to a %ounded, sick or dead enemy on the field of #attle, %ith intent to ro# or plunder him5 or 6d7 orders one of the a#ove acts, is punisha#le %ith rigorous imprisonment, or, e(ceptional gravity, %ith life imprisonment or death. Articl# 2<:.7 U%# o* Ill#0al M#an% o* Com'at. ?hoever uses, or orders to #e used, against the enemy any means or method of com#at e(pressly for#idden #y thiopian la% or international conventions to %hich thiopia is a party, is punisha#le %ith simple imprisonment for not less than three months5 or, if the crime is grave, %ith rigorous imprisonment from five years to t%enty+five years5 or, in the gravest cases, %ith life imprisonment or death. 2<<.7 r#ac" o* Armi%tic# or P#ac# Tr#at&. ?hoever, having #een officially informed of an armistice or peace treaty duly conducted and contrary to the orders given, continues hostilities, or in any other %ay kno%ingly infringes one of the agreed conditions, is punisha#le %ith simple imprisonment, or, in more serious cases, %ith rigorous imprisonment not e(ceeding ten years. Articl# 2<=.7 Franc Tir#,r%. ?hoever, not #eing a mem#er of an armed force or au(iliaries recogni&ed #y the thiopian government authorities, engages, in time of %ar and contrary to pu#lic international la%, in hostile acts against the thiopian Defence .orce, its services or its lines or means of communication or transport, is punisha#le %ith rigorous imprisonment from five years to t%enty+five years, or, in cases of e(ceptional gravity, %ith life imprisonment or death. in cases of

Articl# 2<2.7

Maltr#atm#nt o*/ or D#r#liction o* D,t& to1ar(%. 5o,n(#(/ !icC or Pri%on#r%.

?hoever, in violation of the rules of pu#ic international la%, maltreats a sick or %ounded person, or a prisoner of %ar or %ar internee, or uses violence against him, or prevents him from e(ercising or makes it impossi#le for him to e(ercise, the right guaranteed to him #y such rules, or issues orders to the same effect, is punisha#le %ith rigorous imprisonment nor e(ceeding five years. Articl# 2=0.7 D#nial o* >,%tic#. ?hoever, in time of %ar or occupation and in violation of the rules of pu#lic international la%, deprives a civilian, a %ounded person, a prisoner or an internee, of his right to #e tried according to la% guaranteeing him human treatment and the free e(ercise of his right to defend himself, or orders such deprival, is punisha#le %ith simple imprisonment from three years to five years. CHAPTER II CRIME! A4AIN!T HUMANITARIAN OR4ANIFATION! Articl# 2=1.7 Ho%til# Act% a0ain%t Int#rnational H,manitarian Or0aniBation%. 617 ?hoever intentionally and in time of peace8 (a) indulges in hostile acts against or threats or insults to persons #elonging to the International 1ed Cross or 1ed Crescent or to corresponding humanitarian relief organi&ations or to the representatives of those organi&ations or to persons placed under their protection5 or 6#7 destroys or damages material, installations or depots #elonging to those organi&ations, is punisha#le %ith simple imprisonment, or, in cases of e(ceptional gravity, %ith rigorous imprisonment not e(ceeding five years. 6:7 ?here the crime is committed in time of %ar, the punishment shall #e rigorous imprisonment from one year to five years. Articl# 2=2.7 A',%# o* Em'l#m% an( In%i0nia o* Int#rnational H,manitarian Or0aniBation%. ?hoever intentionally8 6a7 #ears, flies or uses %ithout due authori&ation the em#lems or insignia of one of the international humanitarian organi&ations mentioned a#ove5 or

6#7 a#uses such em#lems or insignia or any other protective device recogni&ed in pu#lic international la%, in particular the %hite flag, %ith intent to prepare or to commit hostile acts, is punisha#le %ith simple imprisonment, or, in cases of e(ceptional gravity, %ith rigorous imprisonment not e(ceeding five years. Articl# 2=-.7 Ho%til# Act% a0ain%t t"# #ar#r o* a Fla0 o* Tr,c#.

?hoever maltreats, threatens, insults or un"ustifia#ly detains an enemy #earing a flag of truce, or an enemy negotiator, or any person accompanying him, is punisha#le %ith simple imprisonment. TITLE III MILITAR@ CRIME! AND CRIME! A4AIN!T THE DEFENCE FORCE! AND THE POLICE CHAPTER I MILITAR@ CRIME! !#ction I.7 Articl# 2=4.7 r#ac"#% o* Lia'ilit& to !#r.# R#*,%al to P#r*orm Militar& !#r.ic#.

617 ?hoever, %ith intent to evade recruitment or military service, %hich he is legally #ound to perform, fails to o#ey an enlistment or mo#ili&ation order duly served #y personal summons, #y placard or #y pu#lic announcement, is punisha#le %ith simple imprisonment. 6:7 ?here the crime is committed in time of emergency, general mo#ili&ation or %ar, the punishment shall #e rigorous imprisonment not e(ceeding ten years. Articl# 2=3.7 Fail,r# to Com+l& 5it" a Callin07,+ Or(#r. (1) ?hoever, %ithout seeking to evade recruitment or lia#ility to military service, fails to o#ey a calling+up notice, in particular for an e(amination for recruitment, for an inspection, for training, or in respect of any other military o#ligation, is punisha#le %ith simple imprisonment not e(ceeding one year. 6:7 ?here the crime is committed in time of %ar, emergency, natural disaster or epidemic, the punishment is rigorous imprisonment not e(ceeding five years. Articl# 2=:.7 Int#ntionall& Contract#( Un*itn#%%.

(1) ?hoever, #y maiming or any other voluntary process in"urious to his #ody or health, renders himself, #y his o%n act or that of another, totally or partly unfit for service, #e it permanently or temporarily, is punisha#le %ith simple imprisonment not e(ceeding three years. 6:7 ?hoever, for the purpose descri#ed a#ove and %ith the consent of the interested party, renders the latter #y any such act, totally or partly unfit for service, is punisha#le %ith simple imprisonment not e(ceeding five years. 6>7 ?here the crime is committed in time of emergency, general mo#ili&ation or %ar, the punishment is rigorous imprisonment not e(ceeding fifteen years. Articl# 2=<.7 Fra,(,l#nt E.a%ion o* !#r.ic#. (1) !ny mem#er of the Defence .orces %ho, %ith intent to evade military service, #e it permanently or temporarily, employs means intended to deceive the competent civil or military authority, in particular #y using false certificate or document, making a false declaration or #y feigning an illness or infirmity, is punisha#le %ith simple imprisonment for not less than three years. (2) ?here the crime is committed in time of emergency, general mo#ili&ation or %ar, the punishment is rigorous imprisonment not e(ceeding ten years. Articl# 2==.7 D#%#rtion. (1) !ny mem#er of the Defence .orces %ho %ith intent to evade military service, $uits his unit, post or military duties %ithout proper authority, or fails to return to them after #eing a#sent %ith leave, is punisha#le %ith rigorous imprisonment not e(ceeding five years. 6:7 ?here the crime is committed in time of emergency, general mo#ili&ation or %ar, the criminal is punisha#le %ith rigorous imprisonment from five years to t%enty+five years, or, in the gravest cases, %ith life imprisonment or death. Articl# 2=2.7 A'%#nc# 1it"o,t l#a.#. 617 !ny mem#er of the Defence .orces %ho, %ithout intent to evade service8

a) leaves his military unit or evades his military duty %ithout proper authority or force ma"eure5 or #7 overstays, e(cept in case of force ma"eure, a period of leave granted to him, is punisha#le %ith simple imprisonment not e(ceeding one year. 6:7 ?here the crime is committed in time of %ar, the punishment shall #e simple imprisonment not e(ceeding three years. Articl# 220.7 ?ol,ntar& Fail,r# to R#8oin t"# D#*#nc# Forc#%. !ny mem#er of the Defence .orces %ho, in time of %ar8 6a7 having #een separated from his unit, fails to re"oin it, or to "oin the nearest #ody of friendly troops5 or 6#7 having #een taken prisoner, fails upon regaining his freedom to report to a military unit or military authority or to return to the ranks, is punisha#le %ith simple imprisonment, or, %here his failure is intentional and permanent, %ith rigorous imprisonment from three years to ten years. !#ction II.7 A',%# o* Militar& A,t"orit& Articl# 221.7 Unla1*,l E;#m+tion *rom !#r.ic#. 617 ?hoever, in a#use of his commission or of the military authority conferred upon him, e(empts from service a person %ho is legally under a lia#ility to perform it, is punisha#le %ith simple imprisonment for at least si( months. 6:7 ?here the crime is committed in time of emergency, general mo#ili&ation or %ar, the punishment is rigorous imprisonment not e(ceeding ten years. Articl# 222.7 T"r#at% or ?iol#nc# a0ain%t an In*#rior. 617 !ny mem#er of the Defence .orces %ho threatens a person su#"ect to his orders or of lo%er rank, assaults him, or treats him in a degrading manner, is punisha#le %ith simple imprisonment not e(ceeding one year. 6:7 ?here the crime is committed %ith cruelty or violence, %eapon or other dangerous instrument, the punishment shall #e simple imprisonment not e(ceeding five years.

!#ction III.7

r#ac"#% o* Militar& D,t&

!,'7%#ction I.7 Crim#% En(an0#rin0 4oo( !#r.ic# R#0,lation% Articl# 22-.7 In*rin0#m#nt o* 4#n#ral !#r.ic# R#0,lation%. 617 !ny mem#er of the Defence .orces %ho intentionally fails to comply %ith general service orders or regulations other than disciplinary cases 6!rt. 7917, is punisha#le %ith simple imprisonment not e(ceeding si( months. 6:7 ?here the crime is committed in time of emergency, general mo#ili&ation or %ar, the criminal is punisha#le e(ceeding five years. %ith simple imprisonment not

6>7 ?here the crime is due to negligence, the criminal shall #e su#"ect to disciplinary punishment in time of peace5 in time of %ar or other grave circumstances he is punisha#le %ith simple imprisonment not e(ceeding one year. Articl# 224.7 Incom+l#t# or inacc,rat# o**icial %tat#m#nt%. 617 ?hoever, #eing re$uired #y his commission or military duties to dra% up an official report or declaration, or to fill up a service document8 (a) intentionally alters or conceals the facts or the truth, leaves #lank any detail or figure %hich his signature is intended to certify, is punisha#le %ith simple imprisonment from t%o years to five years. 6#7 refuses, to dra% up or to su#mit a minute, report or declaration he is re$uired to render, is punisha#le %ith simple imprisonment not e(ceeding five years. 6:7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment not e(ceeding three years. 6>7 !ny mem#er of the Defence .orces %ho makes a false statement or %ithholds the truth from the competent authority, %ith the o#"ect of o#taining or prolonging leave, is punisha#le %ith simple imprisonment. 6'7 ?here the crime is committed in time of emergency, general mo#ili&ation or %ar, or is likely to have serious conse$uences, the punishment shall #e simple imprisonment not e(ceeding five years. Articl# 223.7 Dr,nC#nn#%% on Acti.# D,t&. 617 !ny mem#er of the Defence .orces %ho8 6a7 repeatedly gets drunk %hile under arms5 or 6#7 #eing drunk, distur#s discipline or causes a pu#lic scandal,

is punisha#le %ith simple imprisonment not e(ceeding three months. 6:7 ?here the drunken person threatens another %ith his %eapon, or other%ise #ehaves in a dangerous manner, he is punisha#le %ith simple imprisonment not e(ceeding one year. Articl# 22:.7 5ant o* Di%ci+lin#. !ny mem#er of the Defence .orces %ho8 6a7 a#sents himself %ithout proper authority from #arracks, camps or military $uarters, or is found %ithout proper order or authority in a place for#idden to him, or outside the #ounds laid do%n for him5 or 6#7 takes part in a $uarrel or #ra%l, or in distur#ances, or refuses to o#ey an order to desist issued to him #y a superior officer5 or (c) mis#ehaves or diso#eys orders in a hospital, in sick+ $uarters or else+%here at the risk of complicating or aggravating his condition or of causing his treatment to #e prolonged5 or 6d7 in any other %ay, #y %ord of mouth, gesture or deed, distur#s good order or military discipline, is punisha#le %ith simple imprisonment not e(ceeding three years. Articl# 22<.7 In%,lt% or T"r#at% to/ or A%%a,lt% ,+on/ a P#r%on o* !,+#rior or E9,al RanC.

(1) !ny mem#er of the Defence .orces %ho insults, threatens or molests a person of superior or e$ual rank or assaults him, is punisha#le %ith simple imprisonment. (2) ?here the crime is committed %ith violence or done #y the use of a %eapon, an instrument or a dangerous o#"ect, the punishment shall #e rigorous imprisonment not e(ceeding five years. 6>7 ?here the crime is committed in time of emergency, general mo#ili&ation or %ar, the punishment shall #e rigorous imprisonment not e(ceeding five years in respect of a crime under su#+article 617, or rigorous imprisonment not e(ceeding ten years in respect of a crime under su#+article 6:7. Articl# 22=.7 In%,'or(ination. (1) !ny mem#er of the Defence .orces %ho intentionally fails to carry out, or refuses to o#ey, an order relating to his duties issued #y his commanding officer or the competent military authorities, either to him personally or to the unit of %hich he is a mem#er, #e it #y %ord of mouth, in %riting, #y sign or in any other %ay, is punisha#le %ith rigorous imprisonment not e(ceeding five years.

6:7 ?here the crime is committed in time of emergency, general mo#ili&ation or %ar, and %here the refusal to o#ey is definite, the punishment is rigorous imprisonment not e(ceeding fifteen years. 6>7 ?here the crime is of e(ceptional gravity and is committed in the face of the enemy, the punishment shall #e rigorous imprisonment for life or death. Articl# 222.7 M,tin&. 617 !ny mem#er of the Defence .orces %ho, in concert %ith other mem#ers, in an unla%ful assem#ly or #y any other method, takes part in a seditious movement leading to insu#ordination or revolt, or to threats, violence or assault on or against a superior officer or a military authority, is punisha#le %ith rigorous imprisonment not e(ceeding fifteen years. 6:7 ?here the mutiny is raised in time of emergency, general mo#ili&ation or %ar, the punishment shall #e rigorous imprisonment from five years to t%enty+five years, or, in cases of e(ceptional gravity, life imprisonment or death. (3) )he ringleaders or organi&ers shall #e sentenced to e(emplary punishment 6!rt. 9'617 6d77, %ithin the limits of these punishments. Articl# -00.7 Con%+irac& or Conc#rt to Rai%# a M,tin&. 617 ?hoever conspires or "oins %ith others for the purpose of preparing a mutiny or seditious movement, is punisha#le, according to the circumstances of the case, %ith simple imprisonment, or %ith rigorous imprisonment not e(ceeding ten years. 6:7 ?here the crime is committed in time of emergency, general mo#ili&ation or %ar, the punishment shall #e rigorous imprisonment from three years to t%enty years. Articl# -01.7 Incit#m#nt an( A%%i%tanc#. In cases of mutiny in time of emergency, general mo#ili&ation or %ar, incitement 6!rt. >A6:77, assistance 6!rt. >76>77 or an attempt to incite or assist 6!rt. :76:775 is punisha#le %ith simple imprisonment. Articl# -02.7 Crim#% a0ain%t 4,ar(%/ !#ntri#% or Patrol%. Insults, threats, assaults, acts of violence, insu#ordination or mutiny against a military guard, security, or a patrol on duty are punisha#le under !rticle :99. !,'7%#ction II.7 Crim#% a0ain%t 4,ar( D,t& or In%tr,ction%

Articl# -0-.7

r#ac"#% o* 4,ar( D,t&.

617 !ny mem#er of the Defence .orces %ho8 (a) intentionally or negligently renders himself incapa#le of discharging his duties as a guard, #e it #y drunkenness or other%ise5 or 6#7 %ithout proper authority, a#andons his post, or $uits it #efore #eing regularly relieved, is punisha#le %ith simple imprisonment. 6:7 ?here the crime is committed in time of emergency, general mo#ili&ation or %ar, the punishment shall #e rigorous imprisonment not e(ceeding seven years. 6>7 ?here the crime is committed intentionally in the face of the enemy, the punishment shall #e rigorous imprisonment from five years to t%enty+five years5 or, in grave cases, imprisonment for life or death. Articl# -04.7 In*rin0#m#nt o* Militar& In%tr,ction%. (1) ?hoever acts contrary to the instructions issued to a guard, sentry, patrol, escort or to any person %ith similar duties, is punisha#le %ith simple imprisonment. 6:7 )he punishment shall #e simple imprisonment for not less than si( months %here the crime is committed8 (a) %hen the guard is mounted over a po%er station supplying electric po%er or light, dams, %eirs, sluices, dykes, "etties, port installations, ma"or protective %orks, or #ridges, viaducts or crossings of vital importance5 or (b) %here it is mounted over an arsenal, locomotives or motori&ed vehicles, an anchorage, a depot or park containing e$uipment, or a dump of %eapons, ammunition, e(plosives, fuel or provisions5 or 6c7 in a dangerous &one or %hile the criminal is on frontier guard duties. 6>7 ?here the crime is committed in time of emergency, general mo#ili&ation or %ar, the punishment shall #e rigorous imprisonment not e(ceeding seven years. Articl# -03.7 Di%clo%,r# or Alt#ration o* In%tr,ction%. 617 !ny mem#er of the Defence .orces, %hile on active service, #ut %ithout committing treason8

6a7 gives countersigns, pass%ords or secret instructions to any person not entitled to receive them5 or 6#7 kno%ingly gives to another entitled to receive them countersigns, pass%ords or secret instructions other than those %hich he has himself received5 or (c) fails to give a message %hich he is re$uired to transfer, is punisha#le %ith simple imprisonment, or %ith rigorous imprisonment not e(ceeding ten years. 6:7 ?here the crime is committed in time of emergency, general mo#ili&ation or %ar, the punishment shall #e8 6a7 simple imprisonment not e(ceeding five years, in the case of negligence5 and 6#7 rigorous imprisonment not e(ceeding t%enty years, in the case of intentional infringement. !,'7%#ction III.7 Crim#% a0ain%t Hon#%t&

Articl# -0:.7 Mi%,%# or 5a%t# o* Mat#rial. (1) ?hoever improperly uses, lends or pa%ns arms, munitions, e$uipment, material or instruments, vehicles, animals, or any other o#"ect entrusted or handed over to him, or to %hich he has access #y reason of his duty or military status, is punisha#le %ith rigorous imprisonment not e(ceeding seven years, or, %here the case is not serious, %ith simple imprisonment for not less than three months. (2) ?hoever alienates, makes a%ay %ith, loses, a#andons, damages, %astes, or destroys any of the o#"ects specified a#ove under su#+ article 617, is punisha#le, %here no other provision of this Code applies, %ith rigorous imprisonment not e(ceeding fifteen years, even %here his military status or functions have ended. 6>7 ?here the instrument or o#"ect against %hich the crime is committed is essential for security of the -tate, the punishment shall #e rigorous imprisonment not e(ceeding t%enty+five years. (4) ?here the crime is committed in time of %ar, the punishment shall #e rigorous imprisonment from five years to t%enty+five years, or, in grave cases, imprisonment for life. Articl# -0<.7 Mal.#r%ation or R#c#i+t o* ill70ott#n 0ain%. 617 ?hoever, #eing entrusted %ith the supervision or guarding, management, procurement or distri#ution of provisions, money, material, fuel or any other property8 6a7 uses them unla%fully, or undervalues them in any manner %hatsoever5 or (b) receives or solicits any #enefit therefrom, or in any %ay has an improper interest in the purchase, sale or distri#ution

of any provision, supplies, e$uipment, goods, or other o#"ects delivered to a garrison, camp, canteen, #arracks or other military esta#lishment, is punisha#le, %here the act does not come under another provision of this Code such as #reach of trust, fraudulent administration, corruption, e(tortion or the like, %ith simple imprisonment, or, in more serious cases, %ith rigorous imprisonment not e(ceeding ten years. 6:7 ?here the crime is committed in time of %ar, the punishment shall #e rigorous imprisonment not e(ceeding t%enty years.

!#ction I?.7 Crim#% a0ain%t t"# !a*#t&/ Moral# or Po1#r o* t"# D#*#nc# Forc#% Articl# -0=.7 Fail,r# to r#+ort Dan0#r. (1) !ny mem#er of the Defence .orces %ho fails to inform his commanding officer or the military command of an event or fact of %hich he is a%are and %hich manifestly calls for immediate military measures, is punisha#le %ith simple imprisonment. 6:7 ?here the crime is committed in time of emergency, general mo#ili&ation or %ar, the punishment shall #e rigorous imprisonment not e(ceeding fifteen years. 6>7 .ailure to report a danger or plan of mutiny or desertion is punisha#le under the relevant provision 6!rt. >>57. Articl# -02.7 Fail,r# to taC# E%%#ntial !#c,rit& M#a%,r#%. (1) ! commanding officer or any other person in service of the Defence .orces %ho intentionally fails, during military e(ercise or any other service circumstances, to take on his o%n initiative precautionary or security measures necessary safeguard the lives or health of persons or animals, or to maintain in good order or to ensure the safety of the depots, installations, %orks, resources or other o#"ects, for %hich he is responsi#le, there#y ha&arding them, is punisha#le, according to the circumstances of case, %ith simple imprisonment, or %ith rigor imprisonment not e(ceeding five years. (2) ?here the criminal has acted negligently, and %here the crime appears to "ustify more than a mere disciplinary penalty, the punishment shall #e simple imprisonment not e(ceeding one year.

(3) ?here the crime is committed in time of emergency, general mo#ili&ation or %ar, the punishment shall #e5 (a) in the case of an intentional failure, rigorous imprisonment not e(ceeding seven years, or, rigorous imprisonment not e(ceeding ten years, %here the crime resulted in grave damage5 or (b) in the case of negligent failure, simple imprisonment not e(ceeding three years. Articl# -10.7 Rai%in0 a Fal%# Alarm. (1) ?hoever, on the march or in camp, in the field or in #arracks, on a %arship or on an aerodrome, or in any other place, intentionally raises a false alarm especially #y dra%ing or discharging his firearm #y #eating a drum, sounding a #ugle, #y signals, shouts, gestures, or in any other %ay, is punisha#le %ith simple imprisonment not e(ceeding five years. 6:7 ?here the crime is committed in time of emergency, general mo#ili&ation or %ar, and %here it is not punisha#le more severely under another provision of this Code, the criminal is punisha#le %ith rigorous imprisonment not e(ceeding seven years. 6>7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment not e(ceeding one year for the act under su#+ article 617, and simple imprisonment not e(ceeding t%o years for the act under su#+ article 6:7. Articl# -11.7 D#moraliBation o* t"# D#*#nc# Forc#%. 617 !ny mem#er or military commander of the Defence .orces %ho, during a time other than those specified under su#+article 6:7 of this !rticle, demorali&es the troops #y his #ehaviour, in particular #y giving ground 6running a%ay7 contrary to orders, #y thro%ing a%ay arms, e$uipment or munitions, #y spreading fear or causing disorder or confusion, or #y failing to take the steps re$uired of him to prevent or remedy such developments, is punisha#le %ith rigorous imprisonment not e(ceeding t%enty+ five years. 6:7 ?here the crime is committed in time of #attle or immediately #efore or after #attle, the punishment shall #e rigorous imprisonment for not less than five years. 6>7 ?here the crime and its conse$uences are of particular gravity, the punishment shall #e rigorous imprisonment for life or death, according to the circumstances of the case. Articl# -12.7 Co1ar(ic#. !ny mem#er of the Defence .orces %ho, in the face of the enemy and from co%ardice8 6a7 refuses to take up arms or to use them5 or 6#7 hides, runs a%ay or a#andons his post %ithout orders to that effect5 or

6c7 incites his comrades or su#ordinates to hide, run a%ay, or a#andon their post %ithout orders to that effect, is punisha#le %ith a minimum of five years to t%enty+five years of rigorous imprisonment, or, in the gravest cases, %ith life imprisonment or death. Articl# -1-.7 Ca+it,lation. !ny commanding officer or mem#er of the Defence .orces %ho8 6a7 in #attle or in the face of the enemy lays do%n his arms, raises a flag of truce or dispatches a #earer thereof, hauls do%n his flag, or surrenders %ith his men %ithout having done everything that the e(igencies of military duty re$uire of him5 or 6#7 a#andons, leaves, scuttles or surrenders his ship, his aircraft, his armoured fighting vehicle or any other instrument of %ar for %hich he is responsi#le, %ithout having done everything in his po%er to save it5 or 6c7 surrenders a fortress, a to%n, port or aerodrome, a garrison, a post or a fortified position, %ithout having e(hausted all possi#le means of defence, is punisha#le %ith rigorous imprisonment for life or %ith death. Articl# -14.7 A'an(onm#nt o* M#an% o* 5ar Intact. 617 !ny mem#er of the Defence .orces or any commanding officer %ho, in time of %ar, a#andons to the enemy, %ithout having done everything in his po%er to destroy them or put them out of commission, a depot, an esta#lishment, a military camp or installation, munitions, arms, other means of %ar, #ridges, viaducts, rail%ays or any other o#"ect of importance to the national defence, is punisha#le %ith rigorous imprisonment not e(ceeding t%enty years, or, in the gravest cases, %ith rigorous imprisonment for life. 6:7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment form si( months to five years. Articl# -13.7 Im+ro+#r ,%# o* En#m& Uni*orm or Arm%. 617 !ny mem#er of the Defence .orces %ho improperly %ears or makes use of the uniform, insignia or arms of the enemy in a %ay that creates confusion or causes damage, is punisha#le %ith rigorous imprisonment not e(ceeding five years. 6:7 ?here the crime is committed particularly in time of %ar, and the act has caused serious confusion or damage, the punishment shall #e rigorous imprisonment not e(ceeding fifteen years.

Articl# -1:.7 A'an(onm#nt o* a 5o,n(#( or 6ill#( M#m'#r. 617 !ny mem#er of the Defence .orces %ho leaves or a#andons and there#y cause the capture #y the enemy of his %ounded or dead comrades in the #attle field, is punisha#le %ith rigorous imprisonment not e(ceeding ten years. 6:7 !ny medical personnel of the Defence .orces %ho, contrary to his duties or responsi#ilities, fails to give proper medical treatment to the %ounded comrade in the #attle field, there#y causing death or grave harm to the %ounded, shall #e punished in accordance %ith su#+article 617 hereof. 6>7 ?here the crime results in creating serious damage to the country,s interest or to the morale of the Defence .orces, the punishment shall #e rigorous imprisonment for life or death. Articl# -1<.7 Crim# Committ#( a0ain%t t"# Po%%#%%ion% o* a 5o,n(#( or 6ill#( M#m'#r. !ny mem#er of the Defence .orces %ho, %ith the intent to gain unla%ful enrichment, takes pu#lic or any other property from a mem#er %ounded or killed in the #attle field, is punisha#le %ith rigorous imprisonment not e(ceeding ten years. !#ction ?.7 Common Pro.i%ion% Articl# -1=.7 Crim#% Committ#( '& Ci.ilian% or '& M#m'#r% o* t"# Militia. ?ithout pre"udice to the lia#ility for crimes against pu#lic international la% under the provisions of the preceding )itle II 6!rts. :A9+:9>7, the provisions of !rticles :9'+>17 shall apply to any civilian or mem#er of the militia %ho is on a com#at duty %ithin the country or a#road. /onetheless, the Court may not aggravate the punishment as in the case of a mem#er of the Defence .orces, for the same crime committed under similar circumstances. Articl# -12.7 Crim#% Committ#( '& Pri%on#r% o* 5ar or Militar& Int#rn##%. 617 ?ithout pre"udice to the lia#ility for crimes against pu#lic international la% under the provisions of the preceding )itle II, a prisoner of %ar or military internee %ho is on thiopian territory or is dependent upon the thiopian military or civilian authorities, is su#"ect to the provisions of this )itle for any

military crime he may commit, %ith the e(ception of pecuniary penalties and ordinary disciplinary punishments. 6:7 )he ordinary punishments of this Code shall apply %hen the criminal commits non+military crimes. Articl# -20.7 r#ac"#% o* Militar& D,t& Committ#( '& O**ic#r% or Comman(in0 O**ic#r%.

In all cases of #reach of lia#ility to perform military service, of #reach of military order or discipline, of service or of military o#ligations in general, an officer or commanding officer, irrespective of rank, shall #e su#"ect to e(emplary and drastic punishment, according to his degree of guilt, %ithin the limits of the punishments provided under this Code. Articl# -21.7 A((itional P#nalti#% in 4ra.# Ca%#%.

In all cases punisha#le %ith rigorous imprisonment or death, the Court may order the payment of a fine not e(ceeding fifty thousand *irr in the case of a commanding officer, or not e(ceeding t%enty+five thousand *irr in other cases, %here the criminal has acted for gain. )he Court may, in addition, order dismissal from the Defence .orces or reduction in rank, %here the criminal has sho%n himself un%orthy to serve or un%orthy of his rank. Articl# -22.7 Di%ci+linar& P#nalti#% E;c#+t#(. !ny mem#er of the Defence .orces %ho infringes the military la%s, regulations or directives and standing orders, shall #e su#"ect to disciplinary punishment according to the military regulations 6!rt. 79: 6177, %here the crime is so minor that it entails no criminal lia#ility. CHAPTER II CRIME! A4AIN!T THE DEFENCE FORCE! AND MEM ER! THEREOF !#ction 1. 7 Crim#% a0ain%t M#m'#r% o* t"# D#*#nc# Forc#% on Acti.# D,t& Articl# -2-.7 Com+#llin0 'r#ac"#% o* (,t&. ?hoever, #y the use of threats or violence, compels a mem#er of the Defence .orces to e(ecute his duty improperly or prevents him from e(ecuting a duty he is #ound to perform, is punisha#le %ith simple imprisonment or fine. Articl# -24.7 AttacC on a M#m'#r o* t"# D#*#nc# Forc#% 1"il# on Acti.# D,t&.

617 ?hoever, %ithout provocation, threatens, attacks or assaults a mem#er of the Defence .orces in the e(ecution of his duties, is punisha#le %ith simple imprisonment not e(ceeding three years. 6:7 ?here the criminal is armed and threatens the victim %ith a %eapon, or uses physical violence, he is punisha#le %ith simple imprisonment from si( months to three years. ?here the attack results in serious #odily harm or in death, the general provisions concerning assessment of sentence in such cases shall apply 6!rt. AA7. Articl# -23.7 A00ra.at#( Ca%#%. ?here a crime under !rticle >:> or >:' is committed8 6a7 against a guard on duty, a sentry, a patrol or mem#er of the military police or other military authority in the e(ecution of his duty5 or 6#7 against an officer or commanding officer recogni&a#le #y his functions or #y his #adges rank, the criminal is punisha#le %ith simple imprisonment for at least three months in the case of threat or unarmed attack %hich has done no in"ury to the victims person or health, and for at least si( months in the case of armed or violent attack. !#ction II.7 Crim#% a0ain%t t"# D#*#nc# Forc#% An( t"#ir A,;iliar& !#r.ic#% Articl# -2:.7 r#ac" o* L#0al or Contract,al O'li0ation%.

617 ?hoever intentionally8 6a7 fails, %ithout proper cause, to comply %ith a legal o#ligation to hand over or deliver animals, vehicles, provisions or any other supplies necessary to the military service or to the Defence .orces5 or 6#7 fails to perform his contractual o#ligations to%ards the Defence .orces or their services, #e they in respect to deliveries or supplies of provisions, e$uipment, material or of any other o#"ects, or in respect to installations, #uildings, or pu#lic %orks of any kind5 or 6c7 in general, performs the tasks, services or deliveries incum#ent upon him, supervises them, or takes or makes delivery of them %ithout a#iding #y his contractual o#ligations or %ithout due care %ith resultant delay or default harmful to the Defence .orces,

is punisha#le %ith simple imprisonment, or fine. In more serious cases the criminal is punisha#le %ith rigorous imprisonment not e(ceeding ten years. 6:7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment or fine, according to the gravity of the case. 6>7 ?here a "uridical person commits the crime it shall #e punisha#le in accordance %ith the provisions of !rticle 9< of this Code. Articl# -2<.7 !a'ota0#. 617 ?hoever intentionally8 6a7 destroys, damages or renders unfit for use installations, material, e$uipment or any other o#"ect used #y the Defence .orces5 or 6#7 prevents an official or an authority from carrying on his or its activities on #ehalf of the Defence .orces, or distur#s or endangers such activities, is punisha#le %ith rigorous imprisonment not e(ceeding ten years. 6:7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment or fine. 6>7 !cts intended to impair the defensive po%er of the -tate are punisha#le under !rticle :'7. Articl# -2=.7 Tra**ic in Militar& Mat#rial.

?hoever intentionally or unla%fully lends, pledges, receives on loan or in pledge o#"ects re$uisitioned, utili&ed or se$uestrated #y the administrative services of the Defence .orces, is punisha#le %ith simple imprisonment or fine. 617 ?hoever sells materials, ac$uires, or fully consumes or makes a%ay %ith, destroys, or puts out of commission, the o#"ects mentioned in su#+article 617 a#ove, is punisha#le %ith simple imprisonment for at feast si( months. 6:7 In grave cases, the punishment shall #e rigorous imprisonment not e(ceeding five years. 6>7 ?here a "uridical person commits the crime it shall #e punisha#le in accordance %ith the provisions of !rticle 9< of this Code. Articl# -22.7 Una,t"oriB#( man,*act,r# o*/ an( tra**ic in/ Militar& Uni*orm%/ In%i0nia or D#coration%. 617 ?hoever %ithout authority manufactures, stores, offers or sells, #uys or ac$uires in any other manner, military uniforms, insignia or decorations,

is punisha#le %ith simple imprisonment or fine. 6:7 ?here a "uridical person commits the crime it shall #e punisha#le in accordance %ith the provisions of !rticle 9< of this Code. Articl# --0.7 Una,t"oriB#( 5#arin0 D#coration% or In%i0nia. o* Militar& Uni*orm%/

?hoever %ithout authority %ears a military uniform, decorations or insignia, is punisha#le %ith simple imprisonment not e(ceeding si( months, or %ith fine not e(ceeding five hundred *irr.

Articl# --1.7

Di%r#0ar( o* Militar& M#a%,r#%.

617 ?hoever contravenes regulations, orders, or instructions issued #y the 0overnment or #y the competent civil or military authority on grounds of military necessity or to safeguard military interests, is punisha#le, %here he is not punisha#le under any other provision of this Code, %ith simple imprisonment not e(ceeding one year, or %ith fine not e(ceeding five hundred *irr. 6:7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment not e(ceeding si( months, or fine not e(ceeding three hundred *irr. Articl# --2.7 Incit#m#nt to Di%r#0ar( Militar& Or(#r%. 617 ?hoever incites, #e it in pu#lic or not, anyone to disregard military orders, to acts of indiscipline or to #reaches of military duties, is punisha#le %ith simple imprisonment or fine. 6:7 ?hoever organi&es a #and, a movement or an illegal assem#ly to these ends, or takes part in its organi&ation, or su#scri#es to its schemes, or adheres to it or contri#utes to such activities, is punisha#le %ith simple imprisonment, or, %here the act could have caused grave danger, %ith rigorous imprisonment not e(ceeding ten years. 6>7 ?here a "uridical person commits the crime it shall #e punisha#le in accordance %ith the provisions of !rticle 9< of this Code.

Articl# ---.7

Di%r#0ar( o* Pro"i'ition% Militar& Fon#% an( O'8#ct%.

Prot#ctin0 !+#ci*i#(

?hoever, %ithout authority, or unla%fully8 617 enters an esta#lishment, a %ork or any other site, access to %hich is for#idden #y the military authorities or on military grounds, is punisha#le %ith simple imprisonment or fine. 6:7 makes, takes, prepares, reproduces, pu#lishes or communicates to another or others an account, sketch, photograph or any representation %hatsoever of such esta#lishment, %ork or site, or of the installation, e$uipment or other o#"ects therein, is punisha#le %ith rigorous imprisonment not e(ceeding fifteen years. Articl# --4.7 Fal%i*ication or !,++r#%%ion o* 4#n#ral Or(#r% or In%tr,ction%. 617 ?ithout pre"udice to the provisions of !rticles >79 and >91, %hoever intentionally8 6a7 forges, falsifies, destroys or makes a%ay %ith an order to report for enlistment or for military service, a military delivery order or an instruction of any kind intended for citi&ens lia#le to military service, or relating to the interests or needs of the Defence .orces5 or 6#7 makes use of such forged or falsified order or instruction, is punisha#le %ith simple imprisonment, or, in the gravest cases, %ith rigorous imprisonment not e(ceeding seven years. 6:7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment not e(ceeding si( months or fine. Articl# --3.7 Fail,r# to r#+ort Crim#% A0ain%t t"# D#*#nc# Forc#% an( r#ac"#% o* Militar& O'li0ation%. 617 ?hoever, #eing a%are of plans to commit or of the commission of mutiny or desertion, fails, e(cept in cases of force ma"eure, to report them to the authorities or makes no attempt to prevent their commission or to cause the criminal to #e arrested, is punisha#le %ith simple imprisonment, %here the crime of mutiny or desertion is at least attempted, or in serious cases, %ith rigorous imprisonment not e(ceeding three years. 6:7 Efficial or professional secrecy is no defence to a charge under this !rticle. In time of emergency, general mo#ili&ation or %ar, kinship or close ties of affection cannot serve as special mitigating circumstances 6!rt. 9>7. 6>7 .ailure to report treason or espionage is punisha#le under the provisions of this Code on security of the -tate and protection of the national Defence .orces 6!rt. :5'7.

Articl# --:.7 Di%clo%,r# o* Militar& !#cr#t%. 617 ?hoever, in cases other than those of treason and espionage more severely punisha#le under !rticles :'9+:5: of this Code, communicates or delivers to an unauthori&ed person or to the general pu#lic documents or information of any kind %hich are not a matter of common kno%ledge and %hich #y their nature are military secrets, is punisha#le %ith rigorous imprisonment for not less than five years. 6:7 ?here the crime relates to documents or information of a restricted kind, or %here it is committed #y a person closely ac$uainted %ith them, or %here the crime has or might have conse$uences of e(ceptional gravity, the punishment shall #e rigorous imprisonment for not less than ten years. 6>7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment not e(ceeding one year for the act under su#+ article and not e(ceeding three years for the act under su#+article 6:7. Articl# --<.7 Fal%# or T#n(#ntio,% In*ormation. ?hoever, %hen troops have #een mo#ili&ed or are on active duty, puts forth or disseminates information %hich he kno%s to #e inaccurate or tendentious, %ith intent to o#struct or th%art measures ordered in the military interest, to impede or endanger movements or operations of the Defence .orces, to incite troops to indiscipline or insu#ordination, or to foment disorder and spread alarm among the population, is punisha#le %ith rigorous imprisonment not e(ceeding ten years, or, in grave cases, %ith rigorous imprisonment up to life. !#ction III.7 Common Pro.i%ion% Articl# --=.7 A00ra.ation o* P,ni%"m#nt in Ca%#% o* !tat# o* Em#r0#nc& or 5ar. 617 ?here any of the crimes punisha#le under the preceding t%o sections, committed against a mem#er of the Defence .orces on active duty, against the Defence .orces or their au(iliary services, or against military interests, is done in time of emergency, general mo#ili&ation or %ar, and %here no specific provision prescri#es a more severe punishment, the criminal is punisha#le as follo%s8 6a7 instead of simple imprisonment, rigorous imprisonment not e(ceeding five years5

6#7 %here rigorous imprisonment is prescri#ed, rigorous imprisonment not e(ceeding dou#le the prescri#ed ma(imum, %ithout pre"udice to the ma(imum period specified in the 0eneral Part of this Code. In the cases of failure to report plans to commit or the commission of mutiny or desertion 6!rt. >>57, rigorous imprisonment shall not e(ceed ten years. 6:7 ?here the crime committed negligently is punisha#le, the Court may impose punishment as follo%s8 instead of simple imprisonment not e(ceeding three years, rigorous imprisonment not e(ceeding three years5 or 6#7 instead of simple imprisonment not e(ceeding five years, rigorous imprisonment not e(ceeding five years. 6>7 ?here the Court imposes a fine, it may dou#le the ma(imum amount laid do%n in the relevant provision of this Code. Articl# --2.7Crim#% Committ#( *or 4ain. In all cases punisha#le %ith rigorous imprisonment and %hen the criminal has acted for gain, the Court may in addition impose a fine not e(ceeding one hundred thousand *irr, having regard to the gravity of the crime and the criminal,s financial resources, CHAPTER III APPLICATION OF ARTICLE! 2=47--< TO THE POLICE Articl# -40.7 Princi+l# o* A++lication. )he provisions of the t%o preceding Chapters 6!rt. :9'+>>77 shall apply %here any of the crimes specified therein has #een committed #y a mem#er of the Police or against a mem#er of the Police on active duty and %here it does not come under any other special provision of the la%. Articl# -41.7 !+#cial Circ,m%tanc#%. ?hen applying to the Police the provisions relating to the military 6!rt. :9'+>>77, the Court shall take into account the special duties and organi&ation of the Police. Articl# -42.7 T"# A++lication o* t"# Pro.i%ion% R#0ar(in0 P,'lic !#r.ant% on t"# Polic#. 617 !part from the cases mentioned herein#efore %hich relate to crimes committed against the organi&ation, duties and security of the Police the provisions of this Code relating to pu#lic servants shall apply to the mem#ers of the Police 6!rts. '<:+ ':A7. 6a7

6:7 ?here the same act might come under the provisions of either this )itle or *ook IC, )itle III of this Code, such as cases of infringement of service regulations 6!rt. :9> and ':<7, receipt of ill+gotten gains, malversation or maladministration 6!rts.><A and ><7 or !rts. '<7+ '197, #reaches of official secrecy 6!rt. >>A or, >9A and >977, the Court shall decide as to the appropriate provision to apply having regard to %hether the crime is of a $uasi+military nature or a crime relating to pu#lic servants. TITLE I? CRIME! A4AIN!T THE FI!CAL AND ECONOMIC INTERE!T! OF THE !TATE CHAPTER I 4ENERAL PRO?I!ION! Articl# -4-.7 Crim#% Committ#( In r#ac" o* !+#cial L#0i%lation.

617 ?here a crime is committed in #reach of legislation issued #y an authori&ed pu#lic organ in accordance %ith the la% and duly pu#lished in the .ederal /egarit 0a&eta or in the legal ga&ettes of the regional states, concerning the control or protection of the fiscal or economic interests of the -tate, the punishment shall #e determined in accordance %ith the principles of this Code. 6:7 !ll #reaches classed as petty offences or, in default of such classification, all #reaches of mandatory or prohi#itive provisions of this kind %here the damage caused #y such #reaches does not e(ceed ten thousand *irr, are punisha#le as provided in the part of this Code regarding petty offences. Articl# -44.7 6in( an( E;t#nt o* P#nalti#%. 617 ?here the pertinent legislation makes no e(plicit reference to a crime defined in this Code, the Court shall pass sentence of simple imprisonment or fine, fi(ed in accordance %ith the provisions, and %ithin the general limits, of this Code 6!rts. 9<+ 9: and !rts.1<A and 1<77. 6:7 ?here the degree of guilt is of e(ceptional gravity and the crime involves large sums of money or value of things, or %here the accused makes a profession of such crimes %ithin the meaning of !rticle 9< of this Code, the Court may impose a fine not e(ceeding one hundred thousand *irr, in addition to the forfeiture of the gain derived from the crime. 6>7 )he general provisions relating to preventive, protective and prohi#itive measures, and those relating to collateral measures of pu#licity and information shall #e applied %herever the Court thinks necessary. Articl# -437 Collat#ral P#nalti#% R#latin0 to Ta;#% an( D,#%.

)he punishment prescri#ed for #reaches of la%s on ta(es and other dues shall not prevent the application of penalties that may #e imposed in accordance %ith the appropriate legislation on ta(es and dues not paid %ithin the proper time. CHAPTER II !PECIAL PRO?I!ION! Articl# -4:.7 E;c"an0#. Illicit Tra**ic in 4ol(/ C,rr#nci#% or For#i0n

?hoever, apart from cases coming under the provisions relating to crimes against currency 6)itle C #elo%7, #uys, imports or e(ports, accepts in trust, deposits, e(changes, sells or offers for sale %ithout authori&ation or contrary to la%s, regulations or rules, gold or any currency, %hether national or foreign, the dealings %ith or rates of %hich are su#"ect to limitation, restriction or measures of control or protection, is punisha#le %ith rigorous imprisonment not e(ceeding ten years, and fine not e(ceeding fifty thousand *irr, %ithout pre"udice to the confiscation of the su#"ect matter of the crime. Articl# -4<.7 Illicit Tra**ic in Pr#cio,% Min#ral%. ?hoever violates, as defined in the preceding !rticle, provisions or regulations on for#idden or unla%ful traffic in precious minerals such as gold, platinum, uranium or any other similar minerals, as %ell as in precious stones, is punisha#le under !rticle >'A. Articl# -4=.7 D#alin0% En(an0#rin0 t"# Cr#(it o* t"# !tat#G% Financ#. ?hoever, %ith the o#"ect of damaging the, credit of the -tate,s finance, or kno%ingly running the risk of damaging it8 6a7 causes or incites the %ithdra%al of funds from #anks or from other institutions legally #ound to make payment into #anks, to #ring a#out a fall of value in the national currency5 or #rings a#out a depreciation, through %idespread selling, in the value of #onds or securities5 or 6#7 o#structs su#scription to or the purchase of such funds, #onds or securities5 is punisha#le %ith rigorous imprisonment not e(ceeding ten years, and fine not e(ceeding fifty thousand *irr5 or %here the crime has caused or could cause a serious conse$uence, %ith rigorous imprisonment not e(ceeding t%enty years. Articl# -42.7 Unla1*,l R#*,%al to Pa& P,'lic Ta;#% or D,#%.

617 ?hoever, #eing duly ordered to pay the ta(es or dues prescri#ed #y la%, %hether in kind or in cash, and validly assessed #y the competent authority, refuses to pay, though a#le so to do, ta(es on land, property or different kinds of income, or any other due or ta( %hatsoever, is punisha#le, %ithout pre"udice to the payment of the ta( or due, %ith simple imprisonment for not less than one year and fine. 6:7 ?here the refusal is accompanied #y threats, violence, or assault, #y the display or use of arms, or #y disorder or revolt, the punishment prescri#ed #y the relevant provisions shall apply concurrently 6!rt.957. Articl# -30.7 Incit#m#nt to R#*,%al to +a& Ta;#%. 617 ?hoever incites another, #y acts, gifts, speeches, threats, or in any other %ay, to refuse to pay the ta(es or dues prescri#ed #y la%, is punisha#le %ith simple imprisonment from one year to three years and fine. 6:7 ?here the case is more serious as a result of the spread of the crime, the punishment shall #e rigorous imprisonment from three years to ten years and fine. ?here the crime is punisha#le under a more severe provision, such as incitement to riot or to the overthro% of authority, the punishment may #e aggravated in accordance %ith the relevant provision prescri#ed for concurrent crimes 6!rt. 957. Articl# -31. En(an0#rin0 !o,rc#% o* R#.#n,#. 617 ?hoever, %ith intent to save himself or another, %hether an individual or a "uridical person, from the payment in full or in part of dues, ta(es charges due to the 0overnment in accordance %ith the la%8 6a7 kno%ingly supplies to the competent authorities false information a#out the property, capital or income su#"ect to ta(ation, or a#out any other relevant circumstances in connection %ith the assessment of the ta(es or dues5 or in any other %ay, #e it #y fraud concealment, or false returns or fictitious operations, or #y any other means kno%ingly misleads such authorities,

6#7

is punisha#le %ith rigorous imprisonment not e(ceeding ten years and fine not e(ceeding one hundred thousand *irr. 6:7 !ny official or employee of an authority %ho improperly prevents the payment of ta(es or dues, or reduces the amount thereof,

is punisha#le for a#use of authority 6!rt. '<77. 6>7 ?here the criminal has acted in circumstances, %hich constitute another crime, in particular misrepresentation or forgery, the provisions regarding these crimes shall apply concurrently 6!rt. 957. Contra'an(.

Articl# -32.7

617 ?hoever intentionally8 #rings into or takes out of thiopia, %ithout paying the duty or ta(es fi(ed #y la% goods, property, o#"ects or things produced #y a factory or #y handicraft5 6#7 accepts for sale, stores or offers goods or property, kno%ing that they are introduced into the country in the illegal manner specified in 6a7 a#ove5 or 6c7 circulates, domestically manufactured o#"ects or products that are restricted from circulation unless the ta(es due on them are paid, is punisha#le %ith fine not e(ceeding ten thousand *irr, or %ith simple imprisonment, in addition to the forfeiture of the o#"ects, means, and the fruits of the crime, su#"ect to the rights of third parties in good faith %ho have no part %hatsoever in the crime 6!rt. 1'<7. 6:7 ?here the crime is committed #y threats, violence, fraud or in group, the punishment shall #e rigorous imprisonment not e(ceeding ten years, in addition to the forfeiture of the o#"ect. 6>7 vasion of customs duty of an isolated character comes %ithin the scope of the provisions relating to petty offences 6!rt+ 79'7. 6a7

Articl# -3-.7 Crim#% a0ain%t t"# National Econom& an( !tat# Mono+oli#%. 617 ?hoever, apart from the cases especially specified a#ove or petty infringements punisha#le under the Code of Petty Effences 6!rt. 79'+79<7, intentionally violates the provisions concerning8 6a7 the importation, e(portation, storage or transport of o#"ects, products or materials su#"ect to prohi#ition, license, control or duties5 or 6#7 the e(ploitation of natural resources of the country, %hether of the soil, of the su#+soil or their products, of electric po%er, %ater, forests, minerals, game or %ild animals5 or 6c7 the e(ploitation of %ild animals or their products, or the hunting or killing of such animals5 or 6d7 the settlement or e(ecution of other activities in restricted forests, in parks or in reserved areas5 or

6e7 a monopoly %hether granted #y %ay of concession or controlled #y the -tate5 or 6f7 the organi&ation of -tate #anks or -tate undertakings, or the granting of concessions, or the operation and supervision of #anks or undertakings, %hether commercial or industrial or factories esta#lishments of any kind, is punisha#le, %here the crime does not come under a specific provision prescri#ing a more severe penalty, %ith simple imprisonment or fine, in addition to the forfeiture of the su#"ect matter of the crime and the %ithdra%al of any license and %ork certificate, and the suspension or closing do%n of any #usiness. 6:7 ?hoever violates la%s issued regarding the collection, transportation, transference, e(portation, importation or e(ploitation of genetic resources, is punisha#le, according to the circumstances of the case, %ith simple imprisonment for not less than one year, or %ith rigorous imprisonment not e(ceeding ten years and fine from ten thousand to thirty thousand *irr. 6>7 ?hoever, contrary to la%, hunts or kills endemic animals5 or possesses, collects, transports, transfers or e(ports endemic animals or plants or their products, Is punisha#le, according to the circumstances of the case, %ith simple imprisonment for not less than one year, or %ith rigorous imprisonment not e(ceeding t%elve years and fine from ten thousand to one hundred thousand *irr. 6'7 ?here one of the acts in this !rticle is committed negligently, the punishment shall #e fine not e(ceeding five thousand *irr, or, according to the circumstances and gravity of the case, simple imprisonment not e(ceeding si( months. Articl# -34.7 A00ra.ation to t"# Crim#. 617 )he fine shall not e(ceed t%o hundred thousand *irr, and the punishment of deprivation of li#erty shall #e rigorous imprisonment not e(ceeding fifteen years, in addition to the forfeiture of the su#"ect matter of the crime, in the case of trafficking, speculation or illicit dealings, of contra#and or of other crimes involving large amounts of money, or %here the criminal has made a profession of such trafficking or prohi#ited practices. 6:7 ?here the crime specified in su#+article 617 is committed #y a "uridical person, it is punisha#le in accordance %ith !rticle 9< of this Code. TITLE ?

CRIME! A4AIN!T CURRENCIE!/ 4O?ERNMENT OND! OR !ECURIT@ DOCUMENT!/ OFFICIAL !EAL!/ !TAMP! OR IN!TRUMENT! CHAPTER I COUNTERFEIT CURRENC@/ OND OR !ECURIT@ DOCUMENT! Articl# -33.74#n#ral Pro.i%ion Conc#rnin0 >,ri(ical P#r%on ?here the conditions of !rticle >' of this Code are found satisfied in respect of crimes specified from !rticles >5A to >7' of this )itle, a "uridical person as %ell, #esides individuals, shall #e lia#le to punishment. Articl# -3:.7 MaCin0. ?hoever, in thiopia or a#road, makes %ithout la%ful authority or counterfeits currencies used as legal tender, #onds or security documents %ith intent to utter them as genuine, is punisha#le %ith rigorous imprisonment for at least five years. Articl# -3<.7 For0#r&. ?hoever, in thiopia or a#road, forges, #y alteration, overprinting, dyeing or any other means, currencies used as legal tender, #onds or security documents %ith intent to utter them at a value greater than their current value, is punisha#le %ith rigorous imprisonment not e(ceeding fifteen years. Articl# -3=.7 D#'a%in0. ?hoever, in thiopia or a#road, #y mechanical, physical or chemical process, or #y any other means, de#ases legal currencies, %ith intent to utter them at their full value, is punisha#le %ith rigorous imprisonment not e(ceeding ten years. Articl# -32.7 Im+ortation/ E;+ortation/ Ac9,i%ition/ Acc#+tanc# in Tr,%t or O**#r. ?hoever, %ith intent to utter them or to cause them to #e uttered as genuine or at their current value, imports, e(ports, ac$uires or procures, accepts in trust or offers counterfeit or de#ased currencies, #onds or security documents, is punisha#le %ith rigorous imprisonment not e(ceeding fifteen years. Articl# -:0.7 Pr#%,m+tion o* Int#nt to Utt#r.

In respect of the crimes specified under !rticles >5A+ >59, the acts shall #e presumed to have #een done %ith the intent to utter. Articl# -:1.7 Utt#rin0. 617 ?hoever intentionally8 6a7 utters as genuine or as having greater value than their current value, in thiopia or a#oard, counterfeit or forged currencies, #onds or security documents, is punisha#le %ith rigorous imprisonment not e(ceeding ten years. 6#7 utters de#ased currencies at their full value, is punisha#le %ith simple imprisonment not e(ceeding five years or fine. 6:7 ?here the criminal has received the currencies, #onds or security documents as genuine, or against payment of their current value, and having discovered their falseness or de#asement, has returned them to circulation only in order to avoid loss, the punishment shall #e8 6a7 simple imprisonment in the case of counterfeit or forged currencies, #onds or security documents5 or 6#7 fine in the case of de#ased currencies. Articl# -:2.7 P#tt& Ca%#%. In petty cases, %here small sums only are involved, the punishment in respect of the crimes specified under !rticles >5A+ >A1 shall #e simple imprisonment. CHAPTER II FAL!IFICATION OF OFFICIAL !EAL!/ !TAMP!/ MAR6!/ 5EI4HT! AND MEA!URE! Articl# -:-.7 Fal%i*ication or Im+ro+#r ,%# o* t"# !#al% o* t"# !tat#. 617 ?hoever8 6a7 falsifies or counterfeits the seal of the 0overnment or of a 0overnment Department, intended to #e affi(ed to 0overnment papers, or makes use of such falsified or counterfeit seal5 or 6#7 makes improper use of a genuine seal, is punisha#le %ith rigorous imprisonment from three years to ten years. 6:7 ?here the crime has caused grave harm to national interests or rights, the punishment shall #e rigorous imprisonment form five years to t%enty years. Articl# -:4.7 Fal%i*ication an( Im+ro+#r ,%# o* ot"#r P,'lic or Pri.at# !#al%.

617 ?hoever8 6a7 falsities any seal of a pu#lic institution or a private organi&ation, or makes use of such seal5 or 6#7 makes improper use of a genuine seal of such kind, is punisha#le %ith rigorous imprisonment not e(ceeding five years. 6:7 ?here grave harm is caused #y the crime, the criminal is punisha#le %ith rigorous imprisonment from three years to ten years. Articl# -:3.7 Fal%i*ication o* O**icial MarC%. 6a7 %ith intent to use them or to cause them to #e used as genuine or unused, makes %ithout la%ful authority, falsifies or counterfeits official marks of origin or identity, or of certification or %arranty, particularly in connection %ith customs or transport operations, %ith gold, silver or other precious minerals, tim#er, skins or other materials or products, or %ith foodstuffs, medicaments or articles affecting pu#lic health, %hether they #e seals, die stamps, ru##er stamps, la#els or any other distinguishing mark5 or 6#7 kno%ingly uses such false or counterfeit marks genuine or unused, is punisha#le %ith simple imprisonment from three months to five years. Articl# -::.7 Fal%i*ication o* O**icial !tam+% ?al,#. 617 ?hoever8 6a7 %ith intent to use them or to cause them to #e used as genuine or unused, makes %ithout la%ful authority, falsifies or counterfeits official stamps of value, in particular officially stamped paper, postage stamps or receipt stamps5 or 6#7 after such stamps have #een used or cancelled, gives them the appearance of unused stamps for the purpose of using them again, is punisha#le %ith simple imprisonment for at least three months, or, %here the crime is considered to #e grave, %ith simple imprisonment not e(ceeding five years and fine. 6:7 In petty cases, especially those of isolated use of used, forged, falsified or cancelled postage or receipt stamps, the Court may impose a fine only. Articl# -:<.7 Fal%i*ication o* 5#i0"t% an( M#a%,r#%.

617 ?hoever, %ith intent to deceive another8 6a7 falsifies %eights, #alances, measures or other instruments intended for use in commerce or trade5 or 6#7 unla%fully affi(es thereto a mark or imprint denoting official certification or %arranty, or forges such marks5 or 6c7 intentionally makes use of such forged or falsified instruments, is punisha#le %ith rigorous imprisonment not e(ceeding five years. 6:7 In petty cases, the Court may pass sentence of simple imprisonment not e(ceeding three years or fine. Articl# -:=.7 Im+ortation/ E;+ortation/ in Tr,%t an( O**#r. P,rc"a%#/ Acc#+tanc#

?hoever e(ports, imports, purchases, ac$uires or procures, or accepts in trust, sells or offers for sale or donates, stamps, stamped paper, marks, official %eights or measures %hich he kno%s to #e forged or falsified, is punisha#le %ith simple imprisonment or fine, or in grave cases, %ith rigorous imprisonment not e(ceeding t%o years. CHAPTER III COMMON PRO?I!ION! Articl# -:2.7 Co,nt#r*#itin0 1it"o,t int#nt to (#*ra,(. 617 ?hoever, %ithout intent to defraud8 6a7 counterfeits or imitates, especially #y %ay of advertisement, or %ith the intention of uttering them as facsimiles, currencies, #ank notes, #onds or security documents, or official stamps or postage stamps that they create, or tend to create, risk of confusion5 or 6#7 imports, e(ports, accepts in trust, offers for sale or donates or utters such counterfeits or imitations, is punisha#le %ith fine, or %here the risk of confusion or fraud is particularly great, %ife simple imprisonment not e(ceeding three months. 6:7 1eproduction for official scientific or information purposes is not a crime. Articl# -<0.7 En(an0#rin0 o* t"# C,rr#nc&/ on(% or !#c,rit& Doc,m#nt%/ or O**icial MarC%/ !tam+% or !#al%. ?hoever, %ithout the e(press order or permission of the competent authority or institution8 6a7 sets up, procures, imports, e(ports, offers or hands over to another, machinery, moulds, dies, paper, metal or other

o#"ects or materials used for making or manufacturing currency, #onds or security documents, official marks, stamps, official titles or seals5 or 6#7 accepts, e(ecutes or causes to #e e(ecuted, or delivers or causes to #e delivered, orders for currencies, #onds, or security documents, official marks, stamps, official, titles or seals, is punisha#le %ith simple imprisonment or fine. Articl# -<1.7 Mac"in#r& an( M#an% o* Fal%i*ication. 617 ?hoever, %ith the o#"ect of making @nla%ful use of them, makes procures, keeps or offers machinery, moulds or dies, paper, metal or any other means for counterfeiting or forging currencies, #ank notes, #onds or security documents, official marks, stamps, official titles or seals, is punisha#le %ith simple imprisonment for at least si( months and fine. 6:7 ?here, ho%ever, such machinery and means are intended for counterfeiting or falsifying the national currency, the seal of the -tate or of any other pu#lic authority, the punishment shall #e rigorous imprisonment not e(ceeding seven years. Articl# -<2.7 Miti0atin0 Circ,m%tanc#%/ 617 )he Court may %ithout restriction mitigate the punishment 6!rt. 19<7 or in special circumstances, e(empt from punishment any person taking part in the commission of any of the crimes under this )itle %ho8 6a7 destroys of his o%n accord machinery and means of counterfeiting #efore any use %hatsoever has #een made of them5 or 6#7 prevents uttering, use or damage #efore the crime has come to the kno%ledge of the pu#lic authorities5 or 6c7 reveals the e(istence or preparation of the crime or ena#les the criminal to #e #rought to "ustice. 6:7 )he Court may, %hether a penalty has #eer imposed or not, make an order re$uiring the criminal to enter into a recogni&ance to #e of good #ehavior 6!rt. 1>57 or an order restricting his personal li#erty 6!rt. 1'5+15<7 %here it is suspected that he may cause danger in the future. 6>7 )he Court may reduce the penalty in accordance %ith the rules on ordinary mitigation 6!rt. 1797 %here the making, counterfeiting, forging, de#asing or falsification provided in the t%o preceding chapters is so small or so o#vious as not to constitute a serious danger to the interests of the -tate or to the pu#lic.

Articl# -<-.7 !+#cial A00ra.atin0 Circ,m%tanc#%. ?ithout pre"udice to the provisions of the 0eneral Part of this Code concerning aggravation of punishment 6!rt. 9'6176d77, and sei&ure of articles 6!rt. 1'<7, and %here the crime is inspired #y motives of gain, the punishment shall #e fine not e(ceeding one hundred thousand *irr. )he fine may not e(ceed t%o hundred fifty thousand *irr, %here the crime of counterfeiting is committed. Articl# -<4.7 Prot#ction o* t"# Int#r#%t% o* For#i0n !at#%. )he provisions of this )itle shall apply e$ually to the various charges in respect of crimes committed on thiopian territory against the official currencies, #onds or security documents, #ank notes, seals, stamps, marks, %eights or measuring instruments of foreign countries, %here there is a convention directed to this end or %here reciprocal arrangements have #een made %ith a foreign country. OO6 I? CRIME! A4AIN!T THE PU LIC INTERE!T OR THE COMMUNIT@ TITLE I REACHE! OF PU LIC CONFIDENCE CHAPTER I Fal%i*ication/ For0#r& An( !,++r#%%ion O* In%tr,m#nt% Articl# -<3.7 Mat#rial For0#r&.

?hoever, %ith intent to in"ure the rights or interests of another, or to o#tain for himself or to procure for another any undue right or advantage8 6a7 falsely e(ecutes an instrument, such as a %riting, a deed or any document or material means constituting proof of, or capa#le of proving, a fact material, or suscepti#le of #ecoming material, to legal proceedings5 or 6#7 makes use of the sign manual, signature, mark or stamp of another to make a false instrument5 or 6c7 counterfeits an instrument, especially #y changing his hand%riting, #y affi(ing to the instrument a false signature, mark or stamp, or #y signing it in a false capacity purporting to certify its authorship5 or 6d7 falsifies an instrument, especially #y modifying, deleting, adding or altering, in %hole or in part, the name or signature of its author or the terms, figure, facts or material details it contains, is punisha#le %ith simple imprisonment for not less than three months, or, in more serious cases, %ith rigorous imprisonment not e(ceeding ten years. Articl# -<:. Intan0i'l# For0#r&.

?hoever, %ith the intent specified in !rticle >75, falsely inserts or causes to #e inserted in an instrument, %hile it is #eing dra%n up, a fact possessing or suscepti#le of assuming legal significance, is punisha#le under !rticle >75. Articl# -<<.7 !+#ci*i#( Ca%#%. ?hoever, %ith the intent specified in !rticle >758 6a7 deceives a third party a#out the contents of an instrument so that he affi(es his signature thereto in the #elief that he is signing another instrument, or an instrument of other content5 or 6#7 delivers an instrument in the name of a person %ithout that person,s consent, or in the name of a non+e(istent person, is punisha#le under !rticle >75. Articl# -<=7 U%# o* For0#( In%tr,m#nt%. ?hoever kno%ingly makes use of a forged or falsified instrument, is punisha#le under !rticle >75. Articl# -<2.7 For0#r& or Fal%i*ication Doc,m#nt%. o* P,'lic or Militar&

617 ?here any of the crimes specified under the preceding provisions of this Chapter is committed on8 6a7 a pu#lic register, an official act, an act concerning pu#lic interests5 or 6#7 an instrument entered into a pu#lic register or a holographic %ill5 or 6c7 an instrument or document concerning national defence, or the Defence .orces or their organi&ation, duties or affairs, the punishment shall #e rigorous imprisonment not e(ceeding fifteen years. 6:7 ?here the crime is committed #y a pu#lic servant, officially entrusted %ith the dra%ing up, filing, keeping or delivery of e(tracts from the registers, instruments, deeds or documents in $uestion, the punishment shall #e rigorous imprisonment from five years to t%enty+five years. In very serious cases, the punishment may e(tend up to life imprisonment. Articl# -=0.7 !,++r#%%ion o* In%tr,m#nt%.

617 ?hoever, %ith the intent specified in !rticle >75 damages, tears, destroys, suppresses or takes an instrument of %hich he has not the right of a#solute disposal, is punisha#le %ith simple imprisonment not e(ceeding t%o years, in less serious cases, and %ith rigorous imprisonment not e(ceeding five years, in more serious ones. 6:7 ?here the act has #een done to the pre"udice of a mem#er of the criminal,s family, a near relative or a person having common interest or ties of affection %ith the criminal, or a person coha#iting %ith him, proceedings shall #e instituted only upon complaint. Articl# -=1.7 !,++r#%%ion o* P,'lic or Militar& Doc,m#nt%. 617 ?here the crime specified under !rticle >9< a#ove concerns a pu#lic or military instrument, the punishment shall #e rigorous imprisonment not e(ceeding ten years. 6:7 ?here the crime is committed #y a pu#lic servant, officially entrusted %ith the dra%ing up, registration, keeping, disposal or delivery of such instrument, the punishment shall #e rigorous imprisonment not e(ceeding t%enty+five years. ?here the commission of the crime is very grave, the punishment shall #e rigorous imprisonment for life. 6>7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment or fine. Articl# -=2.7 Fal%i*ication or !,++r#%%ion o* In%tr,m#nt% or N#0otia'l# !#c,riti#%. Comm#rcial

617 ?here the forgery or the use of the forged instrument or the act of causing another to make use of it concerns a #ill of e(change, a che$ue, a promissory note, a #ank deposit #ook or other certificate of deposit in a #ank, a credit card, or a document in an institution of deposit or loan, or a share certificate, the punishment shall #e rigorous imprisonment not e(ceeding ten years. 6:7 ?here the crime specified under !rticle >9< is committed on such documents or instruments, the punishment shall #e rigorous imprisonment not e(ceeding ten years. 6>7 ?here the crime specified under !rticle >9< is committed negligently on such documents or instruments, the punishment shall #e simple imprisonment or fine. Articl# -=-.7 Tr,# or C#rti*i#( Co+i#%. )he forgery or suppression of true copies or certified true copies, %hich, in la%, may #e accepted as originals, is punisha#le under the relevant provisions of this Chapter. Articl# -=4.7 Fal%i*ication an( ,%# o* Fal%# P,'lic Tran%+ort TicC#t%.

617 ?hoever, %ith intent to in"ure the rights or interests of another, or to procure for himself or another an undue advantage8 6a7 makes %ithout la%ful authority, falsifies or counterfeits, vouchers, passes or tickets for transport, %hether #y land , #y sea or #y air, or for persons, animals, o#"ects or goods5 or 6#7 after genuine tickets, vouchers or passes have #een used, cancelled or punched, gives them the appearance of valid tickets, vouchers of passes in order to use them or to cause them to #e used ane%, is punisha#le %ith simple imprisonment and fine. 6:7 ?hoever kno%ingly makes use of such falsified or used tickets, vouchers or passes as if genuine, is punisha#le %ith fine, or, according to the circumstances of the case, %ith simple imprisonment not e(ceeding three months. CHAPTER II FOR4ER@ OF CERTIFICATE! Articl# -=3.7 For0#( C#rti*icat#%.

617 ?hoever, for the purpose of o#taining for himself or procuring for another an advantage or #etterment8 6a7 falsifies or counterfeits documents evidencing legitimate rights, personal papers, certificates or testimonials, no matter %hat their o#"ect, or kno%ingly hands such a paper to another to make unla%ful use of it5 or 6#7 kno%ingly makes use of paper thus falsified or counterfeited, or of a genuine paper not intended for his use or not relating to himself, is punisha#le %ith simple imprisonment or fine. -imple imprisonment shall not e(ceed one year in cases involving private certificates or testimonials, and shall not #e less than three months in the case of official papers, such as identity cards or #irth certificates, certificates of destitution, of good conduct or of fitness or unfitness, or of e(tracts from pu#lic registers or rolls. 6:7 ?here the crime is committed #y a pu#lic servant entrusted %ith the dra%ing up, filing, keeping or delivery of such papers, #ut %ithout the intent of in"uring the rights of another 6!rt. >757, the punishment shall #e simple imprisonment from si( months to five years or fine or #oth. 6>7 ?here the crime is committed negligently, the punishment shall #e fine not e(ceeding one thousand *irr. Articl# -=:.7 C#rti*ication. Fra,(,l#nt Proc,r#m#nt o* Fal%# O**icial

?hoever, for the purpose of o#taining for himself or procuring for another an advantage or #etterment8 6a7 induces, #y deceit, a pu#lic servant or any other person authori&ed to verify or esta#lish a fact of legal significance, to certify falsely the authenticity of a date, document or signature, the truth of a copy, or any other similar fact5 or 6#7 kno%ingly makes use of an attestation thus o#tained to deceive another, is punisha#le %ith simple imprisonment or fine. Articl# -=<.7 I%%,in0 Fal%# M#(ical C#rti*icat#.

617 !ny doctor, dentist, pharmacist, veterinary surgeon, mid%ife or other person entitled professionally to issue certificates of a medical nature %ho makes out a certificate %hich is untrue and calculated to procure an unla%ful advantage for, or to in"ure the legitimate interests of, another person, kno%ing that such certificate %ill #e used, is punisha#le %ith simple imprisonment or fine, %ithout pre"udice to secondary professional penalties 6!rt.1:>6c77 in the event of repetition of the crime. 6:7 ?here the false certificate has #een issued for a consideration, a promise of a consideration, or other #enefit, the punishment shall #e rigorous imprisonment not e(ceeding ten years and fine not e(ceeding fifty thousand *irr. 6>7 ?here the person %ho has made the false medical certificate is a pu#lic servant, and has acted in his official capacity, the punishment shall #e simple imprisonment for not less than three years, or, %here the case is serious, rigorous imprisonment not e(ceeding ten years in respect of a crime under su#+article 6175 and rigorous imprisonment not e(ceeding fifteen years and fine not e(ceeding one hundred thousand *irr in respect of a crime under su#+article 6:7. 6'7 ?hoever kno%ingly makes use of a false certificate to deceive another, is punisha#le %ith the penalty prescri#ed under su#+ article 617 of this !rticle. Articl# -==.7 Conc,rr#nt Crim#%. ?here a person has o#tained and used a false testimonial or a false certificate, or a genuine certificate not relating to himself or not intended for his use, %ith the intention of there#y committing a further crime, such as, in particular, #reach of trust or fraudulent misrepresentation, and %here such further crime has at least #een attempted, the Court shall determine the sentence in the light of the general rule relating to aggravation of the penalty in case of concurrence 6!rt. AA7. Articl# -=2.7 Fal%# D#claration an( Entri#%.

617 !ny employer, hotelier or innkeeper, or other person re$uired #y la% to keep a register or list of individuals or activities su#"ect to the control of the authorities, %ho intentionally8 6a7 enters, or causes or permits to #e entered, names, dates or personal or material details %hich are untrue5 or 6#7 omits to enter them or to cause them to #e entered in accordance %ith the facts, is punisha#le %ith simple imprisonment or fine. 6:7 ?here the criminal has acted for pecuniary consideration, the punishment shall #e simple imprisonment for not less than one year and fine. Articl# -20.7 In%tr,m#nt% an( M#an% o* Fal%i*ication. 617 ?hoever, %ith intent to make unla%ful use thereof, makes, procures or possesses, delivers or offers for sale or gift any material, means or instrument intended for the counterfeiting of official papers, certificates, diplomas or documents, is punisha#le %ith rigorous e(ceeding five years and fine. 6:7 ?hoever, of his o%n accord, destroys such material means or instrument #efore any use %hatsoever has #een made of them may #e e(empted from any punishment. CHAPTER III FAL!IFICATION OF 4OOD! Articl# -21 .7 Fal%i*ication an( A(,lt#ration.

?hoever, %ith intent to deceive another, falsifies, counterfeits, adulterates or alters goods, is punisha#le %ith rigorous e(ceeding seven years and fine. Articl# -22.7 Utt#rin0. 617 ?hoever, %ith intent to deceive another, offers, sells or utters falsified, counterfeit, adulterated or altered goods as genuine, unadulterated or intact, shall #e lia#le to the punishment prescri#ed under !rticle >91 a#ove. 6:7 /egligence is punisha#le %ith fine not e(ceeding ten thousand 9irr in the gravest cases %here it %as the duty of the criminal, especially as a tradesman, to e(ercise particular circumspection or care. Articl# -2-.7 Im+ortation/ E;+ortation/ Ac9,i%ition an( !torin0 o* 4oo(%.

?hoever imports, e(ports, ac$uires or procures or accepts for storage falsified, counterfeited, altered or adulterated goods, for the purpose of deceiving another, or kno%ing that they are intended to deceive, is punisha#le %ith rigorous imprisonment not e(ceeding seven years and fine. Articl# -24.7 A00ra.ation an( Collat#ral P#nalti#%. 617 ?here the criminal had made a profession of the a#ove+ mentioned crime, the punishment shall #e rigorous imprisonment from five years to ten years, and a fine not less than five thousand *irr, according to the gravity of the case. 6:7 /othing shall affect confiscation of the goods and pu#lication of the sentence. Articl# -23.7 Fal%i*ication an( A(,lt#ration In8,rio,% to H#alt". /othing shall affect the provisions relating to the manufacture, adulteration and sale of no(ious or damaged foodstuffs, goods and other products capa#le of in"uring health 6!rt. 5:77, %hich shall #e applied %here appropriate. TITLE II REACH OF !ECREC@ A4AIN!T PU LIC INTERE!T Articl# -2:.7 r#ac"#% o* Militar& !#cr#c&.

617 !ny mem#er of the Defence .orces, or any person in the service thereof, %ho, apart from cases of treason and espionage punisha#le under the relevant provisions 6!rts. :'9+:5:7, discloses or communicates information, papers or facts %hich are secret, or have #een secret #y order, or are not intended for pu#lication, %hich have come to his kno%ledge in the course of his duties, is punisha#le, even %here his duties have ended, %ith rigorous imprisonment not e(ceeding seven years. 6:7 )he punishment shall #e rigorous imprisonment not e(ceeding fifteen years8 a7 %here the crime concerns secret information or document kept in cipher, or of %hich the safekeeping had #een e(pressly entrusted to the accused person, or %here the latter has s%orn an e(plicit oath of secrecy5 or #7 ?here the damage caused #y the crime affects particularly vital interests. 6>7 ?here the crime is committed negligently, the punishment shall #e fine or simple imprisonment not e(ceeding one year in the case of the simple crime under su#+article 617, or simple imprisonment not e(ceeding three years %here there is aggravation under su#+article 6:7 a#ove.

Articl# -2<.7

r#ac"#% o* O**icial !#cr#c&.

617 Pu#lic servants 6!rt. '<:7 %ho disclose information, documents or facts %hich are secret %ithin the meaning of !rticle >9A and %hich have come to their kno%ledge in the course of their duties, are punisha#le %ith simple imprisonment or fine, %hether the disclosure %as made during the period of their employment, office or duties or after termination thereof. 6:7 ?here there is aggravation due to the criminal,s special o#ligation to maintain secrecy or special position of trust, or to the gravity of the damage caused #y the #reach of duty, the punishment shall #e rigorous imprisonment not e(ceeding ten years. 6>7 ?here the crime is committed negligently, the punishment shall #e fine not e(ceeding one thousand *irr, or simple imprisonment not e(ceeding one year in the case of the simple crime under su#+article 617, or simple imprisonment not e(ceeding three years in the case of the crime under su#+article 6:7, hereina#ove. Articl# -2=.7 A,t"oriB#( Di%clo%,r#. Disclosure in the interest of the pu#lic #efore a Court of "ustice or a competent Court of in$uiry is not punisha#le %here it is made %ith the %ritten consent of the competent civil, administrative or military authority. Articl# -22.7 r#ac"#% o* Pro*#%%ional !#cr#c&.

617 2inisters of religion of %hatever #elief, advocates, legal advisers, attorneys, ar#itrators, e(perts, "urors, translators and interpreters, notaries, directors, managers, inspectors or employees of private companies or undertakings pledged to secrecy under the provisions of the Civil and Commercial Codes, and doctors, dentists, pharmacists, mid%ives, nurses and au(iliary medical personnel, %ho disclose a secret %hich has come to their kno%ledge in the course of their professional duties, %hether or not such duties have ended at the moment of disclosure, are punisha#le, upon complaint, %ith simple imprisonment or fine. 6:7 -tudents, pro#ationers or apprentices %ho disclose a secret %hich they have learned in the course of their professional training are lia#le to the punishment prescri#ed under su#+ article 617 a#ove. 6>7 ?here the #reach is committed negligently, it is punisha#le, upon complaint, %ith fine not e(ceeding one thousand *irr or simple imprisonment not e(ceeding one year. Articl# 400.7 A,t"oriB#( Di%clo%,r#.

617 !ny disclosure shall not #e punisha#le8 6a7 %here it is made %ith the e(press consent of the person interested in keeping the secret5 6#7 %here, at the suggestion or re$uest of the possessor of the secret, the competent higher professional or supervisory #ody has given its %ritten permission for disclosure5 6c7 %here it is made follo%ing an e(press decision of a Court of "ustice in a specific case5 or 6d7 %here special provisions of the la% permit or impose the duty, in the interests of pu#lic order, to give evidence #efore a Court of "ustice or to inform a pu#lic authority. 6:7 ?here disclosure is e(pressly ordered #y la%, #y a Court of "ustice or #y the competent authority, the possessor of the secret cannot invoke his professional o#ligation to maintain secrecy. )he secrecy of religious confession is at all times inviola#le. Articl# 401.7 Di%clo%,r# o* !ci#nti*ic/ In(,%trial or Tra(# !#cr#t%. 617 ?hoever, in violation of his legal, contractual or occupational o#ligation, discloses an economic, scientific or technological development or information, industrial or trade or scientific secret or scientific method of its application, to a person to %hom he is not e(pected so to do, %ith intent to cause pre"udice to its o%ner or the possessor, or to derive an advantage from it for himself or another, is punisha#le %ith simple imprisonment not e(ceeding one year, and fine not e(ceeding ten thousand *irr. 6:7 ?here a scientific secret vital to national defence is disclosed, the special provisions specified under !rticle >9A shall apply. TITLE III CRIME! A4AIN!T PU LIC OFFICE CHAPTER I 4ENERAL PRO?I!ION! Articl# 402.7 D#*inition%. 617 DPu#lic servantD means any person %ho temporarily or permanently performs functions #eing employed #y, or appointed, assigned or elected to, a pu#lic office or a pu#lic enterprise. 6:7 DPu#lic officeD means any office fully or partially financed #y government #udget, and %hich performs the functions of the .ederal or 1egional 0overnments. 6>7 DPu#lic enterpriseD means a .ederal or 1egional 0overnment enterprise or share company, in %hich the 0overnment has total or partial share as an o%ner. 6'7 In this )itle, unless the conte(t re$uires other%ise, DadvantageD means8

657

a7 any gift, loan, fee, re%ard or commission consisting of money, or of any valua#le security or of other property or interest in property5 #7 any office, employment or contract5 c7 any payment, remission, discharge or li$uidation of any loan, o#ligation or other lia#ility, %hether in %hole or in part5 d7 any service or favour, including protection from any penalty or disa#ility, incurred or apprehended or from any action of an administrative, civil or criminal nature, %hether or not already instituted5 e7 the e(ercise of, or for#earance from the e(ercise of, any right, duty or o#ligation5 f7 any other advantage or service other than those listed a#ove and not assessa#le in terms of money5 and g7 any offer, undertaking or promise of any advantage %ithin the meaning of any of the preceding paragraphs from 6a7 to 6f7. D@ndue advantageD means an improper #enefit or a #enefit o#tained through improper means. Pr#%,m+tion o* Int#nt to O'tain A(.anta0# or to

Articl# 40-.7 In8,r#.

@nless evidence is produced to the contrary, %here it is proved that the material element 6the act7 has #een committed as defined in a particular !rticle providing for a crime of corruption perpetrated to o#tain or procure undue advantage or to cause in"ury, such act shall #e presumed to have #een committed %ith intent to o#tain for oneself or to procure for another an undue advantage or to in"ure the right or interest of a third person. Articl# 404.7 Princi+l# !ny pu#lic servant %ho commits one of the crimes specified in this )itle shall #e lia#le to the punishments prescri#ed hereunder. 617 ?here the act %hich a pu#lic servant has done or omitted to do in the discharge of his duties, and in respect to %hich he is charged, comes %ithin the scope of ordinary criminal la%, #ut there is aggravation due to the criminal,s pu#lic position and the #reach of the special responsi#ility upon him #y virtue of the trust placed in him, the relevant provisions of the other titles of this Code shall apply. 6:7 !ny pu#lic servant %ho, %ith intent to o#tain for himself or to procure for another an undue advantage or to in"ure the right of another, directly or indirectly, accepts or solicits an undue advantage #y improperly performing his responsi#ility or duty5 or %ho, in any other %ay, misuses the responsi#ility or pu#lic trust

vested in him to procure an undue advantage for himself or another5 or !ny person %ho, %ith intent to o#tain for himself or to procure for another an undue advantage or to in"ure the right of another, promises, offers, gives or agrees to give an undue advantage to a pu#lic servant5 or !ny person %ho gives, or any pu#lic servant %ho accepts, an undue advantage in consideration for an act of pu#lic office properly performed or to #e performed, shall #e deemed to have committed crimes of corruption specified in this Chapter, and #e lia#le to the punishments prescri#ed in the provisions #elo%. 6>7 In addition to the crimes specified in Chapter II -ection I and Chapter III -ection I of this )itle the crimes of corruption also include corrupt electoral practices 6!rt. 'A97, forgery or falsification of pu#lic or military documents 6!rt. '797, aggravated #reach of trust 6!rt, A7A6177, and the commission of and aiding in money laundering 6!rt. A9'7, aggravated fraudulent misrepresentation committed #y a pu#lic servant 6!rt.A9A 6a77. 6'7 !ny pu#lic servant shall, in addition to the punishment under the provision infringed, forfeit the profit, money or property unla%fully o#tained, or pay its e$uivalent value %here the profit or property is not found. Articl# 403.7 T"# Conc,rr#nt A++lication o* A(mini%trati.# P#nalti#% an( Com+#n%ation.

conviction or ac$uittal under the provisions of this Chapter shall not e(clude lia#ility for damages and;or administrative penalties. Articl# 40:.7 E;#m+tion *rom Pro%#c,tion. 617 ?hoever, having taken part in a corruption crime, supplies vital information on the crime committed and the role of participants therein, #efore the matter is taken to Court, may #e e(empted #y the competent organ from prosecution in accordance %ith this Criminal Code. 6:7 -pecial procedures shall #e laid do%n in the Criminal Procedure Code concerning the assessment of the vitality of the information and the conditions for e(emption from prosecution of the person %ho has disclosed the crime. 6>7 )he #ri#e, gift or valua#le thing a person has given in consideration for service he has la%fully o#tained or is entitled to o#tain shall #e restored to him out of the property forfeited to the -tate on account of the crime, %here he has disclosed his act of giving such an advantage.

CHAPTER II CRIME! COMMITTED @ PU LIC !ER?ANT! A4AIN!T PU LIC OFFICE !#ction I.7 Corr,+tion Crim#% Committ#( '& P,'lic !#r.ant% in r#ac" o* Tr,%t an( 4oo( Fait" Articl# 40<.7 A',%# o* Po1#r. 617 !ny pu#lic servant %ho, %ith intent to o#tain for himself or to procure for another an undue advantage or to in"ure the right or interest of another8 a7 misuses his official position or the po%er proper to his office, %hether #y a positive act or #y a culpa#le omission5 or #7 e(ceeds the po%er %ith %hich he is officially invested5 or c7 performs official acts %hen he is not, or is no longer, $ualified to do so, especially in the case or in conse$uence of incompetence, suspension, transfer, removal from office or its cessation, is punisha#le, according to the circumstances of the case %ith simple imprisonment for not less than one year, or %ith rigorous imprisonment not e(ceeding ten years and fine, %here there is no e(press provision in this Code concerning the matter. 6:7 ?here the purpose of the #reach of responsi#ility or duty solicited, the amount of the money or gifts received in consideration, the official capacity or po%ers of the person corrupted or the e(tent of the harm to private, pu#lic or -tate interests renders the case of particular gravity, the punishment shall #e rigorous imprisonment from seven years to fifteen years and fine not e(ceeding fifty thousand *irr. 6>7 ?here t%o or more of the circumstances mentioned in su#+ article 6:7 are found concurrently, the punishment shall #e rigorous imprisonment from ten years to t%enty+five years and fine not e(ceeding one hundred thousand *irr. Articl# 40=.7 Corr,+t Practic#%. 617 !ny pu#lic servant %ho, directly or indirectly, seeks, receives or e(acts a promise of an advantage for himself or another, in consideration for the performance or omission of an act, in violation of the duties proper to his office, is punisha#le %ith simple imprisonment for not less than one year, or rigorous imprisonment not e(ceeding ten years and fine not e(ceeding t%enty thousand *irr. 6:7 ?here the purpose of the #reach of responsi#ility or duty solicited, the e(tent of the advantage received, the official capacity or po%ers of the person corrupted or the e(tent of the harm to private, pu#lic or -tate interests renders the case of particular gravity, the

punishment shall #e rigorous imprisonment from seven years to fifteen years and fine not e(ceeding fifty thousand *irr. 6>7 ?here t%o or more of the circumstances mentioned in su#+ article 6:7 a#ove are present concurrently, the punishment shall #e rigorous imprisonment from ten years to t%enty+five years and fine not e(ceeding one hundred thousand *irr. 6'7 !ny pu#lic servant %ho, in the manner specified under su#+ article 617 of this !rticle, and in respect of a duty connected %ith international trade, solicits, accepts or agrees to accept an advantage or a gift from any foreign -tate, person or organi&ation, including a transnational corporation, shall, according to the circumstance of the case, #e lia#le to one of the punishments prescri#ed in the three su#+articles hereina#ove. Articl# 402.7 Acc#+tanc# o* Un(,# A(.anta0#%. 617 !ny pu#lic servant %ho, for the performance of an act proper to his office, solicits or o#tains an advantage or e(acts a promise #efore or after the performance of such an act, is punisha#le, according to the circumstances of the case, %ith simple imprisonment for not less than one year, or %ith rigorous imprisonment not e(ceeding seven years and fine not e(ceeding ten thousand *irr. 6:7 ?here the e(tent of the advantage received or the official capacity or po%ers of the person corrupted renders the case of particular gravity, the punishment shall #e rigorous imprisonment from five years to fifteen years and fine not e(ceeding thirty thousand *irr. 6>7 ?here the crime is committed in respect of a duty connected %ith international trade, the punishment prescri#ed in the su#+ articles herein a#ove shall #e applica#le, according to the circumstances of the case. Articl# 410.7 Corr,+tion Committ#( '& Ar'itrator% an( Ot"#r P#r%on%. 617 !ny conciliator, ar#itrator, "uror, trustee or li$uidator, translator or interpreter engaged #y the pu#lic authorities in their technical capacity, or e(pert testifying #efore or giving his opinion to "udicial or $uasi+"udicial proceedings, %ho solicits or accepts an advantage or gift from a person interested in the matter, in consideration for the performance or omission of an act in violation of the duties proper to his office, is punisha#le, according to the circumstances of the case, %ith one of the penalties prescri#ed under the first three su#+articles of !rticle '<9. 6:7 ?henever one of the persons mentioned under su#+ article 617 solicits or accepts an advantage or gift, #efore or after

performing an act proper to his office or duty, he shall, according to the circumstances of the case, #e lia#le to one of the penalties prescri#ed under the first t%o su#+articles of !rticle '<9 of this Code. Articl# 411.7 Mala(mini%tration. 617 !ny pu#lic servant %ho, %ith intent to o#tain for himself or to procure for another an undue advantage, and #y using his po%er or responsi#ility8 a7 improperly takes or ensures for himself, #y concluding a contract or #y devising other means, an interest in a #usiness or other undertaking, a sale or a purchase, or any other transaction related %ith his duty5 or #7 concludes a supply or pu#lic %orks contract or any other transaction at a price higher than that fi(ed #y the competent authority5 or c7 in general, #y any means, in"ures the pu#lic interests entrusted to his charge and %hich it is his duty to protect, is punisha#le %ith rigorous imprisonment not e(ceeding ten years and fine not e(ceeding fifty thousand *irr. 6:7 ?here the purpose of the #reach of responsi#ility or duty solicited, the e(tent of the advantage received, the official capacity or po%ers of the person corrupted or the e(tent of the harm to private, pu#lic or -tate interests renders the case of particular gravity, the punishment shall #e rigorous imprisonment from seven years to fifteen years and fine not e(ceeding one hundred thousand *irr. 6>7 ?here t%o or more of the circumstances mentioned in su#+ article 6:7 a#ove are present concurrently, the punishment shall #e rigorous imprisonment from ten years to t%enty+five years and fine not e(ceeding t%o hundred thousand *irr. 6'7 )he punishment shall #e simple imprisonment, or rigorous imprisonment not e(ceeding five years and fine, %here the criminal, %ithout intent to o#tain an advantage for himself or to procure the same for another8 a7 has caused a contract to #e concluded, relating to a #usiness or other undertaking, a purchase or sale, or any transaction concerning his department, #et%een his office and an organi&ation in %hich he himself or his close relative or a person %ith %hom he has a #ond of affection is an interested party or a shareholder, or %ith a charita#le organi&ation of %hich he is a founder or a mem#er5 or #7 has purchased certain property or taken part in an auction, %hile prohi#ited #y la% or regulations from so doing, in his o%n name or in the name of, or together %ith, another person.

D1elativeD means a person %ho is related to the criminal, in accordance %ith the relevant la%, #y consanguinity or #y affinity. Articl# 412.7 Unla1*,l Di%+o%al o* O'8#ct in C"ar0#. 617 !ny pu#lic servant %ho, %ithout la%ful authority #ut %ithout intent to appropriate8 6a7 opens or permits to #e opened, takes or permits to #e taken, communicates or hands over to another a packet, envelope or document, securities, or any other o#"ect %hatsoever received on deposit or under seal5 or (b) makes use of such o#"ects, or authori&ed another to make use of them, is punisha#le %ith fine not e(ceeding seven thousand *irr or simple imprisonment not e(ceeding five years, %here the act does not fall under a provision prescri#ing a more severe penalty. 6:7 ?here the crime had #een committed for purposes of speculation, the punishment shall #e rigorous imprisonment not e(ceeding five years and fine. 6>7 ?here the crime is committed negligently, the punishment shall #e fine not e(ceeding one thousand *irr. Articl# 41-.7 A++ro+riation an( Mi%a++ro+riation in t"# Di%c"ar0# o* D,ti#%. 617 !ny pu#lic servant %ho %ith intent to o#tain for himself or to procure for another an undue material advantage5 a7 appropriates to himself o#"ects, legal instruments, securities, cash, chattels or any consuma#le thing %hatsoever in the course of a search, sei&ure or process of confiscation, pu#lic auction, se$uestration or distrait, or during any other similar procedure5 or #7 misappropriates such o#"ects or securities %hich have #een entrusted to him or %hich have come into his hands #y virtue of or in the course of his duties, is punisha#le, according to the circumstances of the case, %ith simple imprisonment for not less than one year, or %ith rigorous imprisonment not e(ceeding ten years and fine. :7 ?here the e(tent of advantage o#tained, the official capacity or po%ers of the person corrupted or the e(tent of the harm to private, pu#lic or -tate interest renders the case of particular gravity, the punishment shall #e rigorous imprisonment from seven years to fifteen years and fine not e(ceeding thirty thousand *irr

6>7 ?here t%o or more of the circumstances mentioned in su#+article 6:7 are present concurrently, the punishment shall #e rigorous imprisonment from ten years to t%enty+five years and fine not e(ceeding fifty thousand *irr. Articl# 414.7 Tra**ic in O**icial In*l,#nc#. 617 !ny pu#lic servant %ho solicits or accepts a gift or other advantage to procure for another, through the e(ercise of the influence, real or pretended, he en"oys #y reason of his #eing a pu#lic servant8 a7 a situation, an office, employment, declaration, re%ard or favour %ithin the dispensation of the competent authority5 or #7 contracts, deals, undertakings, orders or other #enefits resulting from agreements concluded %ith the pu#lic authorities or %ith an administration placed under his control or direction5 or c7 in general, an advantage or a favoura#le decision on the part of a pu#lic authority or administration. is punisha#le, according to the circumstances of the case, %ith simple imprisonment for not less than one year, or %ith rigorous imprisonment not e(ceeding ten years and fine not e(ceeding thirty thousand *irr. 6:7 ?here the purpose of the #reach of responsi#ility or duty solicited, the e(tent of the advantage received, the official capacity or po%ers of the person corrupted or the e(tent of the harm to private, pu#lic or -tate interests renders the case of particular gravity, the punishment shall #e rigorous imprisonment from seven years to fifteen years and fine not e(ceeding fifty thousand *irr. 6>7 ?here t%o or more of the circumstances mentioned in su#+ article 6:7 a#ove are present concurrently, the punishment shall #e rigorous imprisonment from ten years to t%enty+five years and fine not e(ceeding one hundred thousand *irr. Articl# 413.7 Ill#0al Coll#ction or Di%',r%#m#nt. 617 !ny pu#lic servant %ho, %ith intent to o#tain an undue advantage for himself8 a7 collects or orders the collection of ta(es, dues, miscellaneous revenues or incomes, %ages, salaries, compensation or other e(penses, %hich he kno%s not to #e due or to #e in e(cess of %hat is legally due5 or #7 hands over or pays less than is due, %hile consigning or dis#ursing any o#"ect or money,

is punisha#le, according to the circumstances of the case, %ith simple imprisonment for not less than one year, or %ith rigorous imprisonment not e(ceeding ten years and fine not e(ceeding fifteen thousand *irr. 6:7 ?here the crime is committed under one of the circumstances specified in su#+article 6:7 of !rticle '1' a#ove, the punishment shall #e rigorous imprisonment from seven years to fifteen years and fine not e(ceeding thirty thousand *irr. 6>7 ?here the crime is committed under the circumstances specified in !rticle '1' a#ove, the punishment shall #e rigorous imprisonment from ten years to t%enty+five years and fine not e(ceeding fifty thousand *irr. 6'7 ?here the crime is committed negligently, it is punisha#le %ith simple imprisonment and fine. Articl# 41:$7 Un(,# D#la& o* Matt#r%. !ny pu#lic servant %ho, %ith intent to o#tain an advantage, directly or indirectly, from any person interested in a matter #rought to his attention #y reason of his responsi#ility or duty, or to #enefit or in"ure any party interested in such matter, fails, %ithout good cause, to decide on or delays the matter or a#uses the interested party contrary to la%, manuals or accepted office practices, shall, apart from the cases penali&ed as petty offer #e punisha#le, according to the circumstances of case, %ith fine or simple imprisonment, or %ith rigorous imprisonment not e(ceeding five years. Articl# 41<.7 TaCin0 T"in0% o* ?al,# 1it"o,t or 1it" Ina(#9,at# Con%i(#ration. 617 !ny pu#lic servant %ho, %ithout proper cause receives a thing of value %ithout or %ith inade$uate consideration, is punisha#le %ith simple imprisonment e(ceeding five years. 6:7 ?here the declaration or registration of property, financial status or gifts received is re$uired #y la% or regulations, failure to do so shall #e punisha#le as prescri#ed under su#+article 617 of this !rticle. 1eceiving a valua#le gift considered #y national or local culture or custom as a common manifestation of affection, or o#taining a gift from a close relative #y consanguinity or affinity or #y a close friend, does not constitute a crime under this !rticle. Articl# 41=.7 4rantin0 an( A++ro.in0 Lic#n%# Im+ro+#rl&. !ny pu#lic servant %ho intentionally grants or approves a #usiness license or %ork permit to an ineligi#le person or to a

person not legally entitled to o#tain such license or permit, or improperly grants or permits a place %here things are to #e done, is punisha#le, according to the circumstances of the case, %ith simple imprisonment or %ith rigorous imprisonment not e(ceeding ten years. Articl# 412.7 Po%%#%%ion o* Un#;+lain#( Pro+#rt&. 617 !ny pu#lic servant, #eing or having #een in a pu#lic office, %ho8 a) maintains a standard of living a#ove that %hich is commensurate %ith the official income from his present or past employment or other means5 or #7 is in control of pecuniary resources or property disproportionate to the official income from his present or past employment or other means, shall, unless he gives a satisfactory e(planation to the Court .is to ho% he %as a#le to maintain such a standard of living or ho% such pecuniary resources or property came under his control, #e punished, %ithout pre"udice to the confiscation of the property or the restitution to the third party, %ith simple imprisonment or fine, or in serious cases, %ith rigorous imprisonment not e(ceeding five years and fine. 6:7 ?here the Court, during proceeding under su#+article 6l76#7, is satisfied that there is reason to #elieve that any person, o%ing to his closeness to the accused or other circumstances, %as holding pecuniary resource or property in trust for or other%ise on #ehalf of the accused, such resources or property shall, in the a#sence of evidence to the contrary, ho presumed to have #een under the control of the accused. !#ction II.7 Crim#% Committ#( in r#ac" o* O**icial D,ti#%

Articl# 420.7 Crim#% Committ#( in D#r#liction o* D,t&. 617 !ny pu#lic servant %ho fails to carry out his duties in a proper manner and to the pre"udice of -tate, pu#lic or private interest, is punisha#le %ith fine not e(ceeding one thousand *irr or simple imprisonment not e(ceeding si( months. 6:7 ?here su#stantial damage has resulted from the crime, #oth simple imprisonment and fine may #e increased up to the general legal ma(imum. Articl# 421.7 Unla1*,l !triCin0. !ny pu#lic servant %ho, in #reach of his professional or statutory o#ligations, goes on strike of his o%n free %ill, or urges others to strike,

is punisha#le under !rticle ':<. Articl# 422.7 A',%# o* t"# Ri0"t o* !#arc" or !#iB,r#. 617 !ny pu#lic servant %ho, %ithout legal authority, e(ecutes acts of search, sei&ure or se$uestration of a person,s property, is punisha#le %ith rigorous imprisonment not e(ceeding seven years. 6:7 !ny pu#lic servant %ho, even %hen la%fully authori&ed to carry out searches or to effect sei&ure, enters another person,s house or premises #y using e(cessive force, or %ho e(ecutes acts of search, sei&ure or se$uestration other than those authori&ed #y la% or %ithout due regard for the conditions and forms there#y prescri#ed, is punisha#le %ith rigorous imprisonment not e(ceeding five years and fine. Articl# 42-.7 Unla1*,l Arr#%t or D#t#ntion. !ny pu#lic servant %ho, contrary to la% or in disregard of the forms and safeguards prescri#ed #y la%, arrests, detains or other%ise deprives another of his freedom, is punisha#le %ith rigorous imprisonment not e(ceeding ten years and fine. Articl# 424.7 U%# o* Im+ro+#r M#t"o(%. 617 !ny pu#lic servant charged %ith the arrest, custody, supervision, escort or interrogation of a person %ho is under suspicion, under arrest, summoned to appear #efore a Court of "ustice, detained or serving a sentence, %ho, in the performance of his duties, improperly induces or gives a promise, threatens or treats the person concerned in an improper or #rutal manner, or in a manner %hich is incompati#le %ith human dignity or his office, especially #y the use of #lo%s, cruelty or physical or mental torture, #e it to o#tain a statement or a confession, or to any other similar end, or to make him give a testimony in a favoura#le manner, is punisha#le %ith simple imprisonment or fine, or in serious cases, %ith rigorous imprisonment nor e(ceeding ten years and fine. /othing in this !rticle shall affect the concurrent application of the relevant provision %here the act constitutes an additional crime.

6:7 ?here the crime is committed #y the order of an official, such official shall #e punished %ith rigorous imprisonment not e(ceeding fifteen years and fine. Articl# 423.7 Unla1*,l R#l#a%# an( Ai(in0 to E%ca+#. 617 !ny pu#lic servant %ho8 6a7 contrary to the la% or instructions given to him, releases a person entrusted to his custody under la%ful arrest or imprisonment5 or 6#7 causes, permits or aids any such person to escape, is punisha#le %ith simple imprisonment not e(ceeding three years and fine not e(ceeding three thousand *irr. 6:7 ?here the circumstances or the means used for the escape or improper release, the damage caused #y it, the seriousness of the grounds on %hich the detention %as ordered, or the dangerous character of the person detained renders the case of e(ceptional gravity, the fine may #e increased up to the ma(imum prescri#ed #y la% and the punishment of deprivation of li#erty shall #e rigorous imprisonment not e(ceeding five years. 6>7 ?here the crime is committed negligently, the punishment shall #e fine not e(ceeding one thousand five hundred *irr and simple imprisonment not e(ceeding one year. Articl# 42:.7 R#l#a%# o* Pri%on#r% o* 5ar/ or Militar& Int#rn##% an( Ai(in0 to E%ca+#.

617 !ny pu#lic servant %ho, contrary to la% or instructions, releases or aids to escape prisoners of %ar or military internees under his custody, is punisha#le %ith rigorous imprisonment not e(ceeding fifteen years. 6:7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment not e(ceeding t%o years. CHAPTER III CRIME! A4AIN!T PU LIC OFFICE @ THIRD PARTIE!

!#ction I.7 Crim#% o* Corr,+tion Committ#( '& T"ir( Parti#% in Conn#ction 1it" P,'lic O**ic# Articl# 42<.7 !olicitin0 o* Corr,+t +ractic#%. 617 ?hoever, %ith intent to procure a pu#lic servant to perform or omit an act in violation of the duty proper to his office, gives or offers an advantage or gift to such pu#lic servant, is punisha#le, according to the circumstances of the case, %ith simple imprisonment, or %ith rigorous imprisonment not e(ceeding seven years and fine not e(ceeding fifteen thousand *irr.

6:7 ?hoever gives or offers an advantage or gift to official or employee of a foreign -tate international organi&ation, %ith intent to procure him to perform or omit an act related to international trade in violation of his official duties, is punisha#le as provided under su#+article 617. 6>7 ?here the advantage or gift offered #y the criminal is considera#le, or %here the act has caused su#stantial damage to -tate, pu#lic or private interests, the punishment shall #e rigorous imprisonment from five years to fifteen years and fine not e(ceeding fifty thousand *irr. 6'7 !ny person %ho, in consideration for the performance #y a pu#lic servant of an act proper to his office, gives or offers him an advantage or a gift #efore or after the performance of such an act, is punisha#le, according to the circumstances of the case, %ith fine, or simple imprisonment, or %ith rigorous imprisonment not e(ceeding five years. 657 ?here the crimes specified in the preceding su#+articles are committed #y a "uridical person, the punishment shall #e fine as provided under !rticle 9< 6>7. 6A7 In !ddition to the punishment laid do%n under this !rticle, the Court may give an order depriving the criminal, permanently or temporarily, of his right to take part in any contract or transaction %ith the -tate. Articl# 42=.7 4i.in0 T"in0% o* ?al,# 5it"o,t or 5it" Ina(#9,at# Con%i(#ration. ?hoever, in the circumstances specified under !rticle '17, offers, gives or agrees to give to any pu#lic servant or to any other person related to him, anything of value %ithout or %ith an inade$uate consideration, is punisha#le %ith simple imprisonment not e(ceeding five years. Articl# 422.7 Actin0 a% a 0o7'#t1##n. ?hoever, even %ithout receiving any consideration for himself, accepts money, a valua#le thing, a service or some other #enefit from another %ith a vie% to giving it as #ri#e to a pu#lic servant or %ho lends his #anking account #y acting as a go+#et%een, is punisha#le, according to the circumstances of the case, %ith simple imprisonment, or %ith rigorous imprisonment not e(ceeding ten years and fine. Articl# 4-0.7 U%# o* Pr#t#n(#( A,t"orit&.

?hoever, promising to perform certain things, solicits or accepts an undue advantage or gift from another8 a7 #y pretending to #e still on active duty %hile he has #een suspended, transferred, removed or dismissed from or has $uitted his pu#lic office5 or #7 #y entertaining the #elief of #ecoming a pu#lic servant in the future5 or c7 #y holding himself on to #e a pu#lic servant, is punisha#le according to the circumstances of the case, %ith simple imprisonment, or %ith rigorous imprisonment not e(ceeding ten years. Articl# 4-1.7 Tra**ic in Pri.at# In*l,#nc#. ?hoever, not #eing a pu#lic servant and not #eing lia#le to the special provision 6!rt '1'7, seeks, e(acts a promise or receives sums of money, gifts, presents or other advantages in consideration for e(ercising his influence, real or pretended, to procure for another any privilege, #enefit or advantage %hich can only #e granted #y a pu#lic servant, is punisha#le %ith simple imprisonment for not less than one year or fine not less than t%o thousand *irr. !#ction II.7 Crim#% Committ#( '& T"ir( Parti#% A0ain%t t"# P#r*ormanc# o* P,'lic D,t& Articl# 4-2.7 +roclamation%. Cont#m+t o* o**icial notic#% an(

?hoever, %ithout authority or a right so to do, intentionally removes, damages, destroys or renders illegi#le notices, proclamations or decisions pu#licly e(hi#ited #y the authorities, is punisha#le %ith simple imprisonment not e(ceeding si( months or fine not e(ceeding one thousand *irr. Articl# 4--.7 En0a0in0 in an acti.it& 1it"o,t or '#&on( t"# %co+# o* a lic#n%#. ?hoever performs any activity, in respect of %hich a license is re$uired #y la% or regulations, %ithout o#taining such license or #y e(ceeding the limits of his license, is punisha#le according to the circumstance of the case %ith simple imprisonment or fine5 or %ith rigorous imprisonment not e(ceeding five years and fine. Articl# 4-4.7 In*raction o* t"# R,l#% Conc#rnin0 Com+,l%or& R#0i%tration.

617 ?hoever intentionally fails %ithin the time+limits fi(ed #y la% to make to the competent authorities a declaration re$uired to ensure the due entry in the official registers of marriages or deaths, of property or commercial or other transactions, of facts or certified statements relating to the status of individuals to real estate transactions, to the esta#lishment or operation of companies or to any other like o#ligation, is punisha#le %ith simple imprisonment not e(ceeding three months or fine not e(ceeding one thousand *irr. 6:7 ?here the failure to make such declaration is ha#itual or repeated, or is in defiance of an order or summons issued #y the competent authority, the punishment shall #e simple imprisonment not e(ceeding si( months, or fine not e(ceeding t%o thousand *irr. 6>7 /othing in this !rticle shall affect the special provision regarding the failure to register the #irth or an infant 6!rt. A5A7. Articl# 4-3.7 r#ac" o* Pro"i'ition to +,'li%" O**icial D#'at#% or Doc,m#nt%.

?hoever, not #eing entitled or e(pressly authori&ed so to do, pu#lishes in %hole or in part deeds, reports, instructions, deli#erations or decisions of a pu#lic authority, the content of %hich is re$uired to #e kept secret #y la% or #y virtue of an e(press decision of the competent authority, is punisha#le %ith simple imprisonment not e(ceeding three years or fine. Articl# 4-:.7 Ar'itrar& Action. ?hoever, %ithout authority or contrary to the la%8 6a7 sei&es, against the %ill of the possessor, a chattel or pledge he has handed over to him, or %hich is the su#"ect of legal proceedings5 or 6#7 sei&es a chattel #elonging to his de#tor in order to o#tain a payment due to him5 or 6c7 in general, ar#itrarily e(ercise a right %hich he does not possess or %hich he may not la%fully e(ercise, is punisha#le %ith simple imprisonment not e(ceeding one year, or fine not e(ceeding five thousand *irr. Articl# 4-<.7 U%,r+ation o* Po1#r%. 617 ?hoever, for an unla%ful purpose or to o#tain for himself or to procure for another, an advantage, arrogates to himself the po%er, the insignia, the rank of a commission or an authority, or the po%er to issue official orders of any kind, is punisha#le %ith simple imprisonment not e(ceeding one year, or fine not e(ceeding one thousand *irr.

6:7 ?here the crime is committed to a#use another or to cause him to suffer an in"ury, the punishment shall #e simple imprisonment or fine. Articl# 4-=.7 O'%tr,ction o* 4o.#rnm#nt F,nction% an( o* t"# D,t& to Co7o+#rat#. r#ac"#%

?hoever, having #een re$uested #y a pu#lic servant in accordance %ith la% or a Court order given in connection %ith pu#lic office refuses to appear and provide statements, to give proper responses, to produce documents or to have them inspected, or to have different houses, places or things searched, or fails in general to co+operate in an investigation or in any other %ay o#structs pu#lic office, is punisha#le %ith simple imprisonment not e(ceeding five years or fine. Articl# 4-2.7 r#aCin0 o* !#al% an( Mi%a++ro+riation o* O'8#ct%.

?hoever intentionally and %ithout la%ful authority8 6a7 removes, damages or #reaks an official seal mark, or sign affi(ed for the purpose of identifying, closing, preserving or protecting an o#"ect, a %riting or a document, or for prohi#iting access to any place, or nullifies the effect of such seal, mark or sign in any %ay5 or 6#7 purloins, misappropriates, damages or destroys o#"ects, %ritings or documents sei&ed, se$uestrated or placed in the hands of or entrusted to the care or safekeeping of the pu#lic authorities or of a third party, is punisha#le %ith rigorous imprisonment not e(ceeding five years, or fine not e(ceeding ten thousand *irr. Articl# 440.7 R#%i%tin0 A,t"orit&. 617 ?hoever, %ithout proper cause8 6a7 offers resistance to a pu#lic servant in the e(ercise of his official duties5 or 6#7 fails, %hen summoned to do so #y a pu#lic servant in the e(ercise of his duties, to $uit an unla%ful assem#ly or a prohi#ited place, or to take part in measures to com#at a pu#lic damage, caused #y a conflagration, floods or any other like happening5 or 6c7 fails to o#ey a la%ful decision of a competent authority duly notified to him under pain of the penalty prescri#ed in this !rticle, is punisha#le %ith simple imprisonment not e(ceeding one year or fine not e(ceeding one thousand *irr.

6:7 ?here the resistance to authority or diso#edience is accompanied #y force, intimidation, violence or assault, the provisions of !rticle ''1 shall apply. Articl# 441.7 ?iol#nc# an( Co#rcion. 617 ?hoever8 6a7 #y use of threats, coercion or violence, prevents a pu#lic servant from performing an act %hich it is his duty to perform, or forces him to perform such an act or an act %hich he is not supposed to do5 or strikes a pu#lic servant or his assistants or uses violence or any other act of coercion against him, is punisha#le %ith simple imprisonment not e(ceeding three years, or fine not e(ceeding five thousand *irr.

6#7

6:7 !ccording to the gravity of the crime and the rank of the victim, %here the latter has #een threatened, coerced or struck #y means of a %eapon or other instruments, the punishment shall #e rigorous imprisonment not e(ceeding five years. 6>7 ?here the assault or violence has caused physical in"ury or impairment of health on the victim, the relevant provision of concurrence of crimes shall apply. Articl# 442.7 Coll#cti.# Action. ?here the intimidation, coercion, or violence is the deed of an unla%ful assem#ly or rioting mo#, the relevant provisions 6!rt. '9' and '997 shall apply concurrently.

TITLE I? CRIME A4AIN!T THE ADMINI!TRATION OF >U!TICE CHAPTER I CRIME! A4AIN!T >UDICIAL PROCEEDIN4! Articl# 44-.7 Fail,r# to R#+ort a Crim#. 617 ?hoever, %ithout good cause8 a7 kno%ing the commission of, or the identity of the perpetrator of, a crime punisha#le %ith death or rigorous imprisonment for life, fails to report such things to the competent authorities5 or #7 is #y la% or #y the rules of his profession, o#liged to notify the competent authorities in the interests of pu#lic security or pu#lic order, of certain crimes or certain grave facts, and does not do so,

is punisha#le %ith fine not e(ceeding one thousand *irr, or simple imprisonment not e(ceeding si( months. 6:7 /othing in this !rticle shall affect the provisions of !rticles :5' and >>5. Articl# 444.7 Crim#% a0ain%t 5"i%tl#'lo1#r% or 5itn#%%#%. 617 ?hoever assaults, suppresses or harms any person %ho gives information or evidence to "ustice authorities or is a %itness in criminal cases, is punisha#le %ith simple imprisonment or fine. 6:7 ?here the crime has entailed grave harm to the #ody or health of the victim or his death, the relevant provision concerning such matters shall apply concurrently. Articl# 443.7 Har'o,rin0 an( Ai(in0. ?hoever kno%ingly saves from prosecution a person %ho has fallen under a provision of criminal la%, %hether #y %arning him or hiding him, #y concealing or destroying the traces or instruments of his crime, #y misleading the investigation, or in any other %ay, is punisha#le %ith simple imprisonment or fine. Articl# 44:.7 Mi%l#a(in0 >,%tic#. ?hoever8 a7 falsely notifies the authorities of a crime %hich has not #een committed, or falsely accuses himself of a crime %hich he has not committed5 or #7 kno%ingly gives the authorities inaccurate information in relation to criminal investigation or proceedings, is punisha#le %ith simple imprisonment not e(ceeding si( months, or fine not e(ceeding one thousand *irr. Articl# 44<.7 Fal%# D#n,nciation or Acc,%ation. ?hoever8 6a7 denounces to the authorities as the perpetrator of a crime a person he kno%s to #e innocent5 or 6#7 has in any other %ay, especially #y feigning a crime or making an anonymous or inaccurate denunciation, intrigued %ith the o#"ect of causing such proceedings to #e taken against an innocent person, is punisha#le %ith rigorous imprisonment not e(ceeding five years and fine. Bo%ever, %here the false denunciation or accusation has resulted in a more severe punishment he himself shall #e sentenced to the punishment %hich he has caused to #e %rongfully inflicted upon the innocent person.

Articl# 44=.7 R#*,%al to Ai( >,%tic#. 617 !ny person %ho had #een la%fully summoned to appear in "udicial or $uasi+"udicial proceedings as an accused person, %itness, e(pert, interpreter, assessor or "uror5 or ordered to produce or send an accused person or evidence8 6a7 fails or refuses to appear %ithout sufficient cause5 or 6#7 fails to produce or send the accused person or evidence5 or 6c7 having appeared, refuses, contrary to la%, to ans%er $uestions or to o#ey orders, is punisha#le %ith simple imprisonment not e(ceeding t%o months, or fine not e(ceeding one thousand *irr. 6:7 ?here the criminal pleads a false e(cuse for the crime committed under su#+article 617, he shall #e punished %ith simple imprisonment not e(ceeding three months and fine. 6>7 ?here such person has fraudulently o#tained e(emption from the o#ligation placed upon him, simple imprisonment may #e increased up to the general ma(imum prescri#ed #y la%, su#"ect to the application of more severe specific provisions under %hich the fraud may fall, especially those concerning the use of false certificate or forgery. 6'7 ?here the crime is committed #efore a Court or a $uasi+"udicial organ, the punishment prescri#ed a#ove may #e imposed summarily. Articl# 442.7 Cont#m+t o* Co,rt. 617 ?hoever, in the course of a "udicial in$uiry, proceeding or hearing, 6a7 in any manner insults, holds up to ridicule, threatens or distur#s the Court or a "udge in the discharge of his duty5 or 6#7 in any other manner distur#s the activities of the Court, is punisha#le %ith simple imprisonment not e(ceeding one year, or fine not e(ceeding three thousand *irr. )he Court may deal %ith the crime summarily. 6:7 ?here the crime is not committed in open Court #ut %hile the "udge is carrying out his duties, the punishment shall #e simple imprisonment not e(ceeding si( months, or fine not e(ceeding one thousand *irr. 6>7 ?here the crime is committed in open Court or during "udicial proceedings %ith violence or coercion, the relevant provision shall apply concurrently 6!rt. ''17. Articl# 430.7 r#ac" o* !#cr#c& o* Proc##(in0%.

617 ?hoever, %ithout la%ful authority or e(cuse, discloses facts, %hether secret or declared secret #y the Court hearing the case, %hich have come to his kno%ledge in the course of the proceedings at %hich he %as present, is punisha#le %ith simple imprisonment not e(ceeding si( moths, or fine not e(ceeding five hundred *irr. 6:7 ?here the disclosure is committed in violation of official or professional secrecy, the relevant provisions shall apply 6!rt. >97and >997. Articl# 431.7 P,'lication o* Inacc,rat# or For'i((#n R#+ort% o* Proc##(in0%. 617 ?hoever pu#lishes information, a note, a precis or a report %hich is inaccurate or distorted concerning "udicial cases %hich are ad"ourned, proceeding or pending, is punisha#le %ith fine not e(ceeding five hundred *irr, or, in more serious cases, especially those likely to pertur# pu#lic opinion or to cause in"ury to another, %ith simple imprisonment not e(ceeding si( months. 6:7 Pu#lication for#idden #y la% or #y order of the Court is punisha#le under the relevant special provision 6!rt. '>57. ?here the pu#lication is unla%ful, inaccurate and intentional, the Court shall increase the sentence in accordance %ith the provisions relating to concurrence 6!rt. 19'7. CHAPTER II PER>UR@ AND CO4NATE CRIME! Articl# 432. 7 Fal%# !tat#m#nt% '& a Part&. 617 !ny party to proceedings #efore a "udicial or $uasi+"udicial tri#unal %ho #eing re$uired to speak the truth, kno%ingly gives a false statement relating to facts material to the issue to #e decided #y the tri#unal, is punisha#le, even %here the result sought is not achieved, %ith simple imprisonment not e(ceeding one year, or, %here the false statement has #een made in the course of criminal proceedings and is likely to cause in"ustice, %ith rigorous imprisonment not e(ceeding three years. 6:7 ?here the party has #een s%orn or affirmed to speak the truth, the punishment shall #e rigorous imprisonment not e(ceeding five years, particularly %here the result sought has #een in %hole or in part achieved.

6>7

2ere inaccurate allegations #y a party in defence of his interests are not su#"ect to these provisions.

Articl# 43-. 7 Fal%# T#%timon&/ O+inion or Tran%lation. 617 ?hoever #eing a %itness in "udicial or $uasi+ "udicial proceedings kno%ingly makes or gives a false statement or e(pert opinion, or hides the truth %hether to the advantage or the pre"udice of any party thereto, is punisha#le, even %here the result sought is not achieved, %ith simple imprisonment, or, in the more serious cases, %ith rigorous imprisonment not e(ceeding five years. 6:7 ?here a %itness has #een s%orn or affirmed to speak the truth, the punishment shall #e rigorous imprisonment not e(ceeding ten years, particularly %here the result sought has #een in %hole or in part achieved. ?here, ho%ever, in a criminal case, the accused person has #een %rongly convicted or has incurred rigorous imprisonment of more than ten years in conse$uence of the %itness,s act, the %itness may himself #e sentenced to the punishment %hich he has caused to #e %rongfully inflicted. (3) !ny translator or interpreter %ho falsely translates or interprets anything in connection %ith such proceedings and the translation or the interpretation relates to facts material to the issue to #e decided #y the tri#unal, shall #e lia#le to the punishments under su#+article 617 or su#+article 6:7 a#ove, according to the circumstances. 6'7 ?here due to its discovery, the false testimony, opinion, translation or interpretation is incapa#le of influencing the decision of the tri#unal, the punishment shall #e simple imprisonment not e(ceeding t%o years. Articl# 434.7 Corr#ction or 5it"(ra1al. ?here the criminal has of his o%n free %ill corrected or %ithdra%n his false testimony, opinion, translation or interpretation #efore it has taken effect, and provided that the proceedings affected have not #een finally concluded, the Court may %ithout restriction mitigate the punishment incurred 6!rt. 19>7. )he Court may, according to the circumstances of the case, impose no other punishment than a reprimand accompanied #y a %arning for the future, %here the crime is not serious, and %here the correction or %ithdra%al is prompted #y honesty. Articl# 433.7 Pro.ocation an( !,'ornin0. (1) ?hoever, #y gifts, promises, threats, trickery or deceit, misuse of his personal influence or any other means, induces another to make a false accusation, to give false testimony or to make a

false report, application or translation #efore the concerned organ in "udicial or $uasi+"udicial proceedings, is punisha#le, even %here the act solicited has not #een performed, %ith simple imprisonment, unless he is punisha#le for incitement in accordance %ith the provisions of the 0eneral Part 6!rt. >57. 6:7 ?hoever, #y violence, intimidation or #y promising or offering or giving undue advantage causes another to make false accusation or give false testimony or o#structs, through interference, the giving of testimony or the production of evidence in relation to a crime punisha#le %ith rigorous imprisonment for more than t%o years or o#structs la% enforcement officials or pu#lic servants %hile e(ercising their official duties in relation to the same crime, is punisha#le %ith rigorous imprisonment not e(ceeding seven years. Articl# 43:. 7 Mi%r#+r#%#ntation in Proc##(in0%. ?hoever, apart from the cases provided for a#ove, in the course of "udicial or $uasi+"udicial proceedings, and %ith intent to deceive the tri#unal, to o#struct proof or to pervert the course of "ustice %ith the o#"ect of securing a material or moral advantage, or of influencing, favoura#ly or adversely, the decision of the tri#unal8 a7 conceals, purloins, destroys, damages or renders %holly or party unusa#le an instrument of title #elonging to another, a document in the case, or any e(hi#it or proof of guilt %hatsoever5 or b) hides, modifies, damages or alters the state of places things or persons, is punisha#le, %here the crime does not come under a more severe provision of this Code, %ith simple imprisonment, or in serious cases, %ith rigorous imprisonment not e(ceeding seven years. Articl# 43<.7 T#n(#ntio,% P,'lication% int#n(#( to +#r.#rt t"# Co,r%# o* >,%tic#. ?hoever, in any manner %hatsoever, pu#lishes or spreads ne%s, a note, a precis, a criticism, a report or a pamphlet %hich is inaccurate, or kno%n to #e tendentious, or %hich distorts the facts, and %hich has #een dra% up for the purpose of influencing a "udicial decision in a case #eing or to #e tried, %hether #y informing the accused person or his accomplices or #y acting upon the feelings of the "udge, "urors, %itnesses, e(perts or officers of the Court generally, is punisha#le %ith fine not e(ceeding one thousand *irr, or simple imprisonment not e(ceeding si( months.

Articl# 43=.7

#tra&al o* Int#r#%t%.

617 !ny advocate, attorney, procurator or legal advisor, %ho kno%ingly, in litigation of any kind #efore any "udicial or $uasi+ "udicial tri#unal, #etrays the legal interests he has #een instructed to defend, officially or #y personal #rief, %hether #y sacrificing the interests of the party for %hom he appears or #y acting simultaneously for #oth parties to the same case, is punisha#le %ith simple imprisonment and fine. (2) ?here the accused person has acted in concert %ith the opposing party, simple imprisonment shall #e for not less than one year5 %here he has acted for gain, or to procure material advantage, the fine shall not e(ceed one hundred thousand *irr. ?here the crime is to the pre"udice of a person charged %ith a crime punisha#le %ith death or rigorous imprisonment for life, the punishment shall #e rigorous imprisonment not e(ceeding ten years. 6>7 ?here the crime specified under su#+article 617 is committed negligently, the punishment shall #e simple imprisonment not e(ceeding three months, or fine not e(ceeding five thousand *irr. CHAPTER III CRIME! A4AIN!T EDECUTION OF !ENTENCE Articl# 432.7 Non7o'%#r.anc# o* !#con(ar& P#nalti#% an( Pr#.#nti.# M#a%,r#%. ?hoever, having #een sentenced to one of the secondary penalties or forfeitures provided for in !rticle 1:>, or to one of the preventive measures provided for in !rticles 1'1 to 15', kno%ingly #reaks the prohi#ition or o#ligation imposed upon him #y la%, is punisha#le, %here no other provision prescri#es a more severe punishment 6!rt. 'A57, %ith a fine not e(ceeding one hundred *irr, or, in more serious cases, %ith simple imprisonment not e(ceeding one month. Articl# 4:0. 7 O'%tr,ction o* E;#c,tion o* !#nt#nc#. ?hoever, in any manner, saves a person from the e(ecution of the punishments or measures to %hich he has #een sentenced #y a Court, is punisha#le %ith simple imprisonment or fine. Articl# 4:1.7 E%ca+# o* Pri%on#r.

617 ?hoever, #eing la%fully detained or imprisoned, escapes from a place %here he is under custody, is punisha#le %ith simple imprisonment not e(ceeding si( months. 6:7 ?here the crime is committed #y doing threats or violence to%ards persons, or #y damaging property, the punishment shall #e simple imprisonment not e(ceeding three years. 6>7 ?here the criminal has #een or is to #e convicted for the first crime, the relevant provisions on concurrence of crimes or recidivism shall apply. Articl# 4:2. 7 Proc,rin0 o*/ an( ai(in0 to/ E%ca+#. 617 ?hoever, not #eing a pu#lic servant 6!rt. '<:7, procures or facilitates, #y violence, coercion, intimidation, trickery, misuse of his personal influence or any other means, the escape of a person under la%ful arrest or imprisonment, is punisha#le %ith simple imprisonment. 6:7 )he punishment shall #e simple imprisonment for not less than three months, and in more serious cases, rigorous imprisonment not e(ceeding seven years8 a7 %here the escape has #een accomplished, attempted or promoted #y a num#er of persons acting together, or %ith the aid of instruments or %eapons5 or #7 %here the assistance is rendered to a person, %hether a civilian or a mem#er of the Defence .orces, sentenced to rigorous imprisonment for t%enty years at least. (3) ?here the criminals have had recourse to riot, or has done violence to persons or property, corrupted pu#lic employees or prison officers or committed any other concurrent crimes to achieve their ends, the provisions relating to increase of sentence in cases of concurrence 6!rt. A: and A>7 shall apply. Articl# 4:-.7 E%ca+# o* Pri%on#r% o* 5ar an( Militar& Int#rn##% an( Ai(in0 t"#m to E%ca+#.

?ithout pre"udice to !rticle ':A, the provisions of !rticles 'A1 and 'A: shall apply also, in identical circumstances, to prisoners of %ar and military internees detained in camps or institutions set aside for them, even %here they are not there confined in conse$uence of "udicial sentence or decision. Articl# 4:4.7 M,tin& o* Pri%on#r%.

617 ?hoever, #eing la%fully confined in any place, takes part "ointly in riots or distur#ances %ith intent8 a7 to coerce, #y force or intimidation, the governor, an official or a %arder of the institution, or any other person

responsi#le for its administration or for supervision, to perform or to refrain from performing, any act contrary to their duty5 or #7 to attack any of the a#ove persons %hile in the discharge of their duties5 or c7 to escape #y means of violence to persons or property, is punisha#le %ith simple imprisonment from three months to five years, in addition to the sentence #eing served or to #e pronounced. 6:7 )he person %ho has organi&ed or directed the mutiny is punisha#le8 a7 %ith rigorous imprisonment not e(ceeding five years %here no act of coercion or violence has #een committed5 or #7 %here acts of coercion or violence have #een committed, %ith rigorous imprisonment not e(ceeding ten years, su#"ect to the application of more severe specific provisions %here appropriate. (3) ?here acts of violence or in"uries have #een done to persons or property, the general provisions relating to increase of sentence in the case of a com#ination of, or of concurrent, crimes 6!rts. A: and A>7 shall #e applica#le. Articl# 4:3. 7 r#aCin0 o* o,n(%.

?hoever, having #een sentenced to o#ligatory residence in a certain place, or having #een prohi#ited from residing or so"ourning in a certain place, or e(pulsion, #reaks the prohi#ition imposed upon him, is punisha#le, e(cept %here there is force ma"eure, %ith simple imprisonment not e(ceeding one year, %ithout pre"udice to an increase, %here appropriate, of the measures of restriction of li#erty he has infringed. )he term of the sentence is not deducted from that of the measure of restriction of li#erty. TITLE ? CRIME! A4AIN!T PU LIC ELECTION! AND ?OTIN4 Articl# 4::. 7 Di%t,r'anc# an( Pr#.#ntion o* El#ctoral M##tin0% an( Proc##(in0%. (1) ?hoever in any %ay improperly prevents, distur#s, o#structs or interrupts authori&ed civic or electoral meetings, or polling or elections duly held under the supervision of competent authorities, is punisha#le %ith simple imprisonment not e(ceeding one year, and fine not e(ceeding one thousand *irr.

6:7 ?here violence is used against persons or property, or %here #ra%ls or riotous distur#ances are fomented, the relevant provisions apply concurrently. Articl# 4:<.7 Int#r*#r#nc# 1it" t"# E;#rci%# o* t"# Ri0"t o* ?otin0 or El#ction. 617 ?hoever #y intimidation, coercion, a#use of po%er or violence, #y fraud, especially #y changing names, #y concealing or %ithholding a notice or summons, or #y any other trick or method8 a7 prevents a person from e(ercising his legitimate right to vote or to #e elected5 or #7 secures #y such means his undertaking to e(ercise, or induces him to e(ercise, his right in a particular %ay, or to a#stain from e(ercising it, is punisha#le %ith simple imprisonment not e(ceeding one year, or fine. 6:7 ?hoever does a %rong or an in"ury to another %ho has e(ercised his right in a particular %ay, or has a#stained from e(ercising it, in pursuance of his admitted right to use it as he %ishes, is lia#le to the same punishments. Articl# 4:=. 7 Corr,+t El#ctoral Practic#%.

617 ?hoever, directly or indirectly, promises or grants a sum of money, or any other advantage %hatsoever to an individual, in order to persuade him to e(ercise his right to vote or to #e elected in a particular %ay or to a#stain from e(ercising it, is punisha#le %ith rigorous imprisonment not e(ceeding five years, and fine. 6:7 ?hoever possessing the right to vote or to #e elected, accepts or agrees to accept a sum of money or any other advantage, in consideration of e(ercising his right, or e(ercising it in a particular %ay, or of a#staining from e(ercising it, is lia#le to the same punishments. Articl# 4:2.7 Un*air Practic#%. 617 !ny candidate %ho, contrary to la% or directives, directly or indirectly, collects or receives money from an individual, group or organi&ation, for e(penses in connection %ith his election, or fails to o#serve the accounting rules of electoral e(penses, or intentionally declares a lesser amount than his actual electoral e(penses, is punisha#le %ith simple imprisonment not e(ceeding one year, or fine.

6:7 ?hoever, %ithout o#taining the consent of the candidate, raises or grants money, or contri#utes in any %ay to cover the election e(penses of a candidate, is lia#le to the same punishments. 6>7 ?hoever, directly or through an intermediary, fraudulently secures, a#uses or misappropriates votes8 a7 %ith the help of false ne%s or rumours circulated #y %ord of mouth or #y correspondence, #y pamphlets or placards, or #y the press, the radio or any other medium of pu#licity5 or #7 %ith the help of any other fraudulent, irregular or dishonest practices, is punisha#le %ith simple imprisonment not e(ceeding one year, or fine not e(ceeding five thousand *irr. Articl# 4<0. 7 Fra,(,l#nt R#0i%tration. 617 ?hoever8 a7 causes himself to #e entered on an electoral list or register under a false name or title or in a false capacity, or %ithout disclosing an incapacity recogni&ed #y la%5 or #7 causes himself to #e entered on t%o or more lists at one and the same time, or improperly accepts or causes to #e issued more than one election or voting card5 or c7 improperly causes third persons, %hether living, missing, deceased or fictitious, to #e registered, or receives cards in their name, is punisha#le %ith simple imprisonment not e(ceeding one year, or fine not e(ceeding one thousand *irr. 6:7 ?here the crime specified under su#+article 617 is committed #y a candidate, the punishment shall #e rigorous imprisonment not e(ceeding t%o years, or fine not e(ceeding ten thousand *irr. Articl# 4<1. 7 Fra,(,l#nt El#ction%. ?hoever, during official elections of any kind, falsifies the true result thereof #y acts done #efore, during or after the proceedings, especially8 a7 #y counterfeiting, falsifying, altering or defacing, or #y retaining, destroying or making a%ay %ith electoral registers, completed electoral lists or deposited #allot papers5 or #7 #y voting more than once in the same election5 or c7 #y adding #allot papers to the #allot #o(es, or removing them therefrom, or #y causing or permitting to vote improperly, in any manner %hatsoever, persons domiciled outside the constituency, un$ualified, dis$ualified, deceased or non+ e(istent persons, or #y depositing or kno%ingly permitting

to #e deposited in the #allot #o(es invalid, falsified or counterfeit #allot papers5 or d7 #y incorrectly counting or deli#erately omitting votes, #allot papers, names or signatures, #y reading out names or signatures other than those %ritten do%n or #y recording in the summary of proceedings or the official return a result other than the true one5 or e7 #y %ithholding, concealing, altering or destroying electoral returns or documents, or #y improperly handing them over to persons not $ualified to receive them, is punisha#le %ith simple imprisonment or fine. Articl# 4<2.7 Conc,rr#nc# o* Crim#%. ?here the fraud or falsification is carried out #y means of intangi#le or material forgery 6!rts. >75 and >7A7 the relevant provision applies concurrently. Articl# 4<-. 7 r#ac" o* !#cr#c& o* t"# allot.

?hoever8 a7 #y any unla%ful means succeeds in discovering the %ay in %hich an elector has e(ercised his right or cast his vote5 or #7 having fortuitously learned of such a fact, intentionally makes it pu#lic and spreads it, %hether #y %ord of mouth, #y %ay of the press or other%ise, is punisha#le %ith simple imprisonment or fine. Articl# 4<4. 7 R#mo.al or D#%tr,ction o* allot Pa+#r% or o;#%.

617 ?hoever removes, makes a%ay %ith or destroys #allot #o(es containing votes or marked #allot papers not yet counted or the votes or #allot papers contained therein, in %hole or in part, is punisha#le %ith simple imprisonment or fine. (2) ?here the crime is committed #y more than one person or is accompanied #y violence, the punishment is rigorous imprisonment not e(ceeding ten years, %ithout pre"udice to increase of sentence %ith respect to chiefs or ringleaders 6!rt. 9' 6d77. 6>7 !cts of violence or coercion against a polling station or electoral or polling officers are punisha#le in accordance %ith the provisions of !rticles ''< to '':.

Articl# 4<3.7 A((itional P#nalti#%.

?here an electoral crime is punished #y imprisonment, the Court shall at all times order temporary deprivation of civic rights for a definite period 6!rt. 1:>6a77. Articl# 4<:. 7 A00ra.atin0 Circ,m%tanc#%. ?here the person charged %ith a crime under this )itle is a pu#lic servant or an official mem#er or scrutini&er of an electoral or polling station, simple imprisonment shall #e from one month up to one and a half times the punishment generally prescri#ed, %here the act does not come under a specific provision such as that relating to a#use of po%ers 6!rt. '<77 or that relating to #reach of official secrecy 6!rt >977. In more serious cases, or %here the crime is repeated, the Court may add fine to the punishment of imprisonment. TITLE ?I CRIME! A4AIN!T PU LIC !ECURIT@/ PEACE AND TRANHUILLIT@ CHAPTER I CRIME! A4AIN!T PU LIC !ECURIT@ !ECTION I.7 CRIME! CALCULATED OR LI6EL@ TO PRO?O6E THE COMMI!!ION OF OTHER CRIME! Articl# 4<<.7 Dan0#ro,% ?a0ranc&. (1) ?hoever, having no fi(ed a#ode or occupation and no regular or visi#le means of support, and #eing a#le+#odied, ha#itually and of set purpose leads a life of vagrancy or disorderly #ehavior, or lives #y his %its there#y constituting a threat to pu#lic security, is punisha#le %ith compulsory la#our %ith restriction of personal li#erty 6!rt. 1<'7, or %ith simple imprisonment not e(ceeding si( months. (2) ?here the criminal is found in possession of %eapons or instruments fitted #y their nature to the commission of a crime, the punishment shall #e simple imprisonment, %ithout pre"udice to the application of the provisions concerning concurrence %here the criminal has used threats or coercion, or has committed violence or assault against individuals. 6>7 )he preventive measures of restriction of li#erty 6!rts. 1'' to 1'97 may #e ordered, to accompany the penal sentence, %herever the circumstances indicate that they are appropriate. Articl# 4<=. 7 Con%+irac&. 617 ?hoever conspires %ith one or more persons for the purpose of preparing or committing serious crimes against pu#lic security

or his heath, the person or property, or persuades another to "oin such conspiracy, is punisha#le, provided that the crime materialises, %ith simple imprisonment for not less than si( months, and fine. .or the purpose of this !rticle, Dserious crimesD are crimes %hich are punisha#le %ith rigorous imprisonment for five years or more . 6:7 ?here the conspirators are numerous, or %here they are armed or possess instruments or means fitted #y their nature for the commission of a crime, the punishment shall #e simple imprisonment for not less than one year, and fine. 6>7 ?here the dangerous nature of the conspiracy has #een demonstrated #y the commission of a serious crime, %hether against life or person, pu#lic safety or property, #y the commission of a series of crimes, %hether or not of the same kind, or #y acts, such as traffic in arms, narcotic su#stances or persons, the Court shall pronounce the ma(imum sentence provided #y la%, taking into consideration the provisions relating to concurrence 6!rt. A: and A>7. Articl# 4<2. 7 Har'o,rin0 an( A%%i%tin0 o* E.il7(o#r%. 617 ?hoever, apart from the cases of accomplices punisha#le under the provisions thereto 6!rt. >778 a7 kno%ingly, and not #eing under duress, har#ours, comforts, assists or shelters evil+doers %ho are mem#ers of #ands or associations formed to commit crimes against the community, individuals or property, or provides a meeting place for such evil+doers, is punisha#le %ith simple imprisonment for not less than si( months, and fine. #7 kno%ing the e(istence, plans, %herea#outs or meeting places of such gangs or associations, and not #eing compelled to do so #y intimidation or other%ise, omits to notify the competent authorities thereof, is punisha#le %ith simple imprisonment and fine. 6:7 -imple imprisonment shall #e for not less than one year %here the #and is dangerous, or %here the har#ouring and comforting are ha#itual. 6>7 ?hoever, apart from the cases punisha#le for complicity under the provisions of this Code 6!rt.>77, #y any means, directly or indirectly collects money or any other property, or provides or offers such property to a criminal, kno%ing that the property is to #e used in full or in part8

6a7 for the commission of the crime indicated under !rticle :A:617 or 6:7, !rticle '91 6:7 or 6>7, !rticle '99 6:7, or !rticle 595 6>7, or 6#7 for committing any other act intended to cause death or serious #odily in"ury to a civilian or any other person not taking an active part in the hostilities or to cause serious damage to property in a situation of armed conflict, %here the purpose of such act is to intimidate a population or to compel a government or an international organi&ation to do or a#stain from doing an act5 is punisha#le, %hether the property is actually put in use or not, %ith rigorous imprisonment from five years to ten years. 6'7 ?hoever, apart from the cases punisha#le for complicity under the provisions of this Code 6!rt. >77 makes any contri#ution for the commission of a crime indicated under the provisions of !rticle :A: 617 or 6:7, !rticle '91 6:7 or 6>7, !rticle '996:7,or !rticle 5956>7 or su#+article 6>7 of this !rticle #y a group, or for implementing the illegal aim of a group, or recruits other persons for the commission of the same crime mentioned a#ove, or provides any other support including %eapons, fraudulent travel documents or identity cards kno%ing that such support is to #e used for the commission of one of these crimes, is punisha#le %ith the penalty indicated under su#+article 5 of this !rticle. Articl# 4=07 P,'lic Pro.ocation to or D#*#nc# o* a Crim#. ?hoever pu#licly, #y %ord of mouth, %riting, image, gesture or other%ise8 a7 provokes others to commit acts of violence or grave crimes against the community, individuals or property5 or b) defends or praises such crime or its perpetrator5 or c7 launches an appeal or starts a collection for the payment of pecuniary punishments pronounced #y due process of la%, %ith the intention of making common cause %ith the convicted person or of upholding his deed, or %ho kno%ingly takes part in such activities, is punisha#le %ith simple imprisonment or fine . Articl# 4=1.7 Pro"i'it#( Tra**ic in Arm%. 617 ?hoever, apart from crimes against the security of the -tate 6!rt. :5A78 a7 makes, imports, e(ports or transports, ac$uires, receives, stores or ides, offers for sale, puts into circulation or distri#utes, %ithout special authori&ation or contrary to la%, %eapons, e(plosives or munitions of any kind, %ith the intent of trafficking5 or

#7 %ithout indulging in trafficking, kno%ingly sells, delivers or hands over arms to suspect or dangerous persons, is punisha#le %ith fine and rigorous imprisonment not e(ceeding five years, or, in serious cases, %ith rigorous imprisonment not e(ceeding ten years, %ithout pre"udice to confiscation of the specified materials. 6:7 In cases %here the crime committed involves8 possessing, receiving, using, altering, transferring, distri#uting, disposing of, stealing or fraudulently o#taining a nuclear material %hich endangers or %hich is likely to endanger the life, #ody or property of persons or natural resources or the environment or committing an act, through violence or threat, that constitutes demand for the material5 or carrying out a threat to commit one of these acts5 the punishment shall #e rigorous imprisonment form five years to ten years. 6>7 In cases %here the crime is committed #y manufacturing or assem#ling firearms, their parts and components or ammunition from parts and components illicitly trafficked %ithout securing a license or authori&ation from the competent authority of the state %here the manufacture or assem#ly takes place or %ithout making the firearms in accordance %ith the la%5 the punishment shall #e rigorous imprisonment from five years to t%elve years. 6'7 ?here the crime is committed for gain or %here the criminal has made a profession of such acts, he shall #e punished %ith rigorous imprisonment from five years to fifteen years. 657 /othing shall affect the application of la%s issued concerning the making, carrying or use of %eapons entailing penalties under petty offences 6!rt. 9<9 and 9<97.

!#ction II.7

Crim#% Calc,lat#( or LiC#l& to Pro.oC# P,'lic Di%t,r'anc#%.

Articl# 4=2.7 For'i((#n !oci#ti#% an( M##tin0%. 617 ?hoever8 a7 kno%ingly takes part in a society, #and, meeting or assem#ly for#idden, either generally or from time to time #y la%, #y government or #y the competent authority5 or #7 kno%ingly places houses, premises or land at the disposal of such a society, #and, meetings or assem#lies, %hether for consideration or free of charge, is punisha#le %ith a fine not e(ceeding one thousand *irr.

6:7 1ingleaders, organi&ers or commanders of the crime are punisha#le %ith simple imprisonment not e(ceeding one year. Articl# 4=-. 7 !#cr#t !oci#ti#% an( Arm#( an(%.

!ny person %ho is involved in the commission of the crime defined under !rticle '79 #y unla%ful societies %hose activities and meetings are secret, or #y unla%ful armed societies or #ands esta#lished especially for military training or shooting, or ostensi#ly sporting in character, is punisha#le %ith simple imprisonment and fine. )he punishment to #e imposed on the ringleaders, organi&ers or active mem#ers of such societies or #ands shall #e simple imprisonment for not less than si( months, and fine not less than one thousand *irr. Articl# 4=4. 7 For'i((#n A%%#m'li#%. 617 ?hoever, of his o%n free %ill, takes part, on the pu#lic high%ays or in a pu#lic place, in assem#lies for#idden #y la%, is punisha#le %ith fine not e(ceeding t%o thousand *irr. 6:7 1ingleaders, organi&ers or commanders of such crime are punisha#le %ith simple imprisonment not e(ceeding t%o years. 6>7 !nyone %ho, kno%ingly takes part in an armed assem#ly, is punisha#le %ith simple imprisonment from three months to five years. 6'7 ?here the crime is committed as specified in su#+article 6>7 a#ove, a ringleader, an organi&er, a commander or a person %ho has carried %eapons5 is punisha#le %ith simple imprisonment from one year to five years. 657 ?here a "uridical person organi&es or commands an assem#ly for#idden #y la%, the punishment shall #e a fine not e(ceeding ten thousand *irr. Articl# 4=3.7 Alarmin0 t"# P,'lic.

617 ?hoever spreads alarm among the pu#lic8 a7 #y threat of danger to the community, or to the life, health or property of individuals, especially that of invasion, assassination, fire, devastation or pillage5 or #7 #y deli#erately spreading false rumours concerning such happenings or general distur#ances, or imminent catastrophe or calamity5 is punisha#le %ith simple imprisonment not e(ceeding three years, or fine.

6:7 In more serious cases, likely to cause, or having caused, serious distur#ances or disorder, the punishment shall #e rigorous imprisonment not e(ceeding three years, su#"ect to the application, as appropriate, of more severe specific provisions. Articl# 4=:.7 Incitin0 t"# P,'lic t"ro,0" Fal%# R,mo,r%. ?hoever, apart from crimes against the security of the -tate 6!rts. :'<, :57 6e7 and :A1 6a778 a7 starts or spreads false rumours, suspicions or false charges against the 0overnment or the pu#lic authorities or their activities, there#y distur#ing or inflaming pu#lic opinion, or creating a danger of pu#lic distur#ances5 or #7 #y %hatever accusation or any other means foments dissension, arouses hatred, or stirs up acts of violence or political, racial or religious distur#ances, is punisha#le %ith simple imprisonment or fine, or, in serious cases, %ith rigorous imprisonment not e(ceeding three years. Articl# 4=<.7 !#(itio,% D#mon%tration%. ?hoever8 a7 makes, utters, distri#utes or cries out seditious or threatening remarks or displays images or dra%ings of a seditious or threatening nature in any pu#lic place or meeting5 or #7 pu#licly incites or provokes others to diso#ey orders issued #y a la%ful authority or to diso#ey la%s or regulations duly promulgated, is punisha#le %ith simple imprisonment not e(ceeding si( months, or fine not e(ceeding five hundred *irr. Articl# 4==.7 Riotin0.

617 ?hoever, of his o%n free %ill, takes part in an unla%ful assem#ly in the course of %hich violence is done collectively to person or property, is punisha#le %ith simple imprisonment not e(ceeding one month, or fine. 6:7 )he organi&ers, instigators or ringleaders are punisha#le %ith fine and %ith simple imprisonment for not less than si( months, or, in grave cases, %ith rigorous imprisonment not e(ceeding five years and fine. 6>7 !ll persons %ho have individually committed acts of violence against persons or property are punisha#le %ith rigorous imprisonment not e(ceeding three years, %here their act does not constitute a crime su#"ect to more severe punishment under any other provision of this Code.

Articl# 4=2.7 L#ni#nc&A !,'mi%%ion. )hose %ho have taken part in a for#idden meeting, demonstration, unla%ful assem#ly or collective intimidation, and %ho su#se$uently %ithdre%, either of their o%n accord or %hen called upon to do so #y the authorities, %ithout having themselves done violence or incited others to do so, may #e e(empted from punishment, after a reprimand or solemn %arning for the future, as appropriate 6!rt. 1::7. CHAPTER II CRIME! A4AIN!T PU LIC PEACE AND TRANHUILIT@ Articl# 420. 7 Di%t,r'anc#% o* M##tin0% or A%%#m'li#%. 617 ?hoever, #y %ord of mouth, #y threats, violence or force, or in any other %ay, unla%fully invades or distur#s, hinders or disperses a meeting or any assem#ly duly authori&ed #y la%, is punisha#le %ith simple imprisonment not e(ceeding si( months, or fine not e(ceeding one thousand *irr, 6:7 ?here the crime relates to a meeting or an assem#ly of a pu#lic authority, to an official #oard or commission, or to the conduct of elections, pu#lic auctions or any other la%ful pu#lic activity, %hether political, administrative, e(ecutive or "udicial, simple imprisonment shall #e for not less than three months, and fine shall #e for not less than five hundred *irr. Articl# 421.7 Di%t,r'anc#% R#%,ltin0 *rom Act% Committ#( in a !tat# o* C,l+a'l# Irr#%+on%i'ilit&. ?hoever, #eing deli#erately or through criminal negligence in a state of complete irresponsi#ility due to drunkenness, into(ication or any other cause, commits, %hile in such a state, an act normally punisha#le %ith imprisonment for at least one year, is punisha#le %ith fine or %ith simple imprisonment not e(ceeding one year, according to the degree of danger or gravity of the act committed. Articl# 422.7 O,tra0# on R#li0io,% P#ac# an( F##lin0. ?hoever pu#licly8 a7 prevents the solemni&ation of, or distur#s or scoffs at, an authori&ed religious ceremony or office5 or #7 profanes a place, image or o#"ect used for religious ceremonies, is punisha#le %ith fine not e(ceeding one thousand *irr, or %ith simple imprisonment not e(ceeding t%o years. Articl# 42-.7 O,tra0# on t"# R#+o%# an( Di0nit& o* t"# D#a(.

?hoever8 a7 distur#s or profanes a funeral procession or funeral service5 or #7 violates or profanes the resting place of a dead person, degrades or defiles a funeral monument, or profanes or mutilates a dead person, %hether #uried or not5 or c7 pu#licly defiles or strikes a human corpse5 or d7 carries off, makes a%ay %ith or scatters a corpse or any part thereof, or the remains of a dead person, is punisha#le %ith simple imprisonment or fine. TITLE ?II CRIME! A4AIN!T PU LIC !AFET@ AND THE !ECURIT@ OF COMMUNICATION! CHAPTER I CRIME! A4AIN!T PU LIC !AFET@ Articl# 424. 7 Ar%on. 617 ?hoever maliciously or %ith the intention of causing danger of collective in"ury to persons or property, sets fire to his o%n property or to that of another %hether it #e #uilding or structures of any kind, crops or agricultural products, forests, tim#er or any other o#"ect, is punisha#le %ith rigorous imprisonment not e(ceeding ten years. 6:7 ?here the crime creates su#stantial danger, or %here the risk of in"ury to persons or property is %idespread, especially %here pu#lic #uildings or #uildings used #y a pu#lic service, inha#ited houses or houses used for living in, contractors yards or stock yards, stores of provisions or inflamma#le or e(plosive su#stances, forests, mines, oil %ells o7 refineries, ships, aircraft or any other o#"ects particularly suscepti#le to fire, are affected, the punishment shall e(ceeding fifteen years. #e rigorous imprisonment not

Articl# 423. 7 Pro.ocation o* Nat,ral Di%a%t#r. ?hoever maliciously causes a flood or su#mergence, a landslide, a fall of rock or earth, a collapse or any other like catastrophe, there#y deli#erately creating a danger to person or property, is punisha#le under !rticle '9'. Articl# 42:. Dama0# to In%tallation% or Prot#cti.# 5orC%.

?hoever maliciously damages or destroys electrical or hydraulic installations, or %orks providing protection against natural forces, especially culverts, dams, reservoirs, dykes, sluices gates or "etties, there#y deli#erately creating a danger to person or property, is punisha#le under !rticle '9'. Articl# 42<. 7 E;+lo%ion%. ?hoever maliciously causes gas, oil, petrol, gunpo%der, dynamite or any other similar dangerous su#stance to e(plode, there#y creating a danger to person or property, is punisha#le under !rticle '9'. Articl# 42=.7 Crim#% R#%,ltin0 *rom N#0li0#nc#. ?here the criminal has committed any of the crimes specified in !rticles '9' to '97 negligently, the punishment shall #e simple imprisonment or fine, according to the gravity of the crime. )he Court shall pass sentence of simple imprisonment %here the criminal has gravely endangered persons or property. Articl# 422.7 Dan0#r ca,%#( '& t"# ,%# o* E;+lo%i.#/ In*lamma'l# or Poi%ono,% !,'%tanc#%/ 617 ?hoever, %ith intent to endanger pu#lic safety, kno%ingly e(poses to danger the life, health, person or property of another, #y means of e(plosives, of su#stances %hich are spontaneously com#usti#le or highly inflamma#le or of poisonous gases, is punisha#le %ith rigorous imprisonment not e(ceeding ten years. ?here the criminal has e(posed property only to minor damage, the punishment shall #e simple imprisonment for not less than si( months. 6:7 )he punishment shall #e rigorous imprisonment from five years to fifteen years in cases %here the crime has #een committed #y placing, discharging or detonating an e(plosive or an incendiary %eapon, %hich is designed to cause or is capa#le of causing death or serious #odily in"ury or su#stantial damage to property through the release or dissemination of #iological agents or to(in against a place of pu#lic use, a -tate or government facility, a pu#lic transportation system or infrastructure facility %ith the intent to cause death or serious #odily in"ury or e(tensive destruction of such place or system %here such destruction can result or is likely to result in ma"or economic loss.

6>7 ?hoever, kno%ingly #ut %ithout intent to endanger pu#lic safety, endangers in like manner the life, person, health or property of another, is punisha#le %ith simple imprisonment. 6'7 ?hoever, in the manner specified under su#+article 617, negligently endangers the life, person, health or property of another, is punisha#le %ith simple imprisonment. 657 In less serious cases under su#+article 6:7 or 6>7, the Court may su#stitute for simple imprisonment punishment of compulsory la#our, or Impose a fine. Articl# 300. 7 Illicit MaCin0/ Ac9,i%ition/ Conc#alm#nt or Tran%+ort o* E;+lo%i.#/ In*lamma'l# or Poi%ono,% !,'%tanc#%.

617 ?hoever makes e(plosives, incendiary or poisonous su#stances, kno%ing that they are intended for unla%ful use, is punisha#le %ith simple imprisonment for not less than si( months, or, in serious cases, %ith rigorous imprisonment not e(ceeding ten years. 6:7 ?hoever, kno%ing that another %ishes to make unla%ful use of such su#stances mentioned in su#+article 617, furnishes him %ith means or instructions for making them, is punisha#le %ith simple imprisonment for not less than si( months, or, in serious cases, %ith rigorous imprisonment not e(ceeding seven years. 6>7 ?hoever, kno%ing that they are intended for unla%ful use, imports, ac$uires or procures e(plosive, incendiary or poisonous su#stances or the materials used in their manufacture, hands them over to or receives them from another, or stores, conceals or transports them %hether for consideration or free of charge, is punisha#le %ith simple imprisonment for not less than si( months, or, in serious cases, %ith rigorous imprisonment not e(ceeding five years. Articl# 301.7 C,l+a'l# In*rin0#m#nt o* ,il(in0 R,l#%.

617 ?hoever, in supervising or carrying out the erection of a #uilding or a demolition of any kind, infringes the rules laid do%n #y la% or disregards normal safety measures #ased on #uilding practice and there#y endangers pu#lic safety or the life, health or person of others, or the safety of the property of another, is punisha#le %ith simple imprisonment for not less than three months, and fine.

6:7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment not e(ceeding one year, or fine. Articl# 302.7 R#mo.al or C,l+a'l# A++arat,% or D#.ic#%. Omi%%ion o* Prot#cti.#

617 ?hoever intentionally8+ 6a7 destroys, removes, damages, renders unservicea#le or puts out of commission a device intended to prevent accidents in any undertaking, factory, mine or any other %orking 5or #7 omits to install any safety measures re$uired #y la% or #y the order of a competent authority and there#y endangers the safety of another, is punisha#le %ith simple imprisonment and fine. 6:7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment not e(ceeding one year,+ or fine not e(ceeding five thousand *irr. Articl# 30-. 7 Fail,r# to 4i.# 5arnin0 o* 4ra.# P,'lic Dan0#r. ?hoever, %here it is possi#le for him to do so %ithout risk to himself or others, fails to %arn the competent authority or responsi#le departments, or fails to take the measures necessary to prevent or to put out a fire, an e(plosion, a flood or any other accident likely to endanger life, health or property, is punisha#le %ith simple imprisonment not e(ceeding one year, or fine. Articl# 304.7 R#%#r.#( Ca%#%. /othing in this Chapter shall affect the provisions regarding destruction or sa#otage of installations serving the national defence or sa#otage of military installations 6!rts. :'76a7, ><9, ><9 and >:76a77. CHAPTER II CRIME! A4AIN!T THE FREEDOM AND !ECURIT@ OF COMMUNICATION! Articl# 303.7 Dama0# to !#r.ic#% an( In%tallation% o* P,'lic Int#r#%t. 617 ?hoever intentionally prevents, distur#s or interferes %ith the efficient %orking8 a7 of a pu#lic service, or of a service operated in the pu#lic interest, of land or inland %ater%ay, sea or air transport or

communications, including au(iliary repair, overhaul, maintenance or construction services5 or #7 of installations, esta#lishments or services intended either for postal, telegraph and telephone communications or telecommunications in general, light, gas, po%er or heat, is punisha#le %ith simple imprisonment or fine, or, in serious cases, %ith rigorous imprisonment not e(ceeding five years. 6:7 ?here the crime is committed #y a person having a legal or contractual o#ligation, and particularly %here %ork or o#ligations have #een suspended other%ise than as the result of force ma"eure or as provided #y la% or #y agreement, the punishment shall #e simple imprisonment for not less than three months and fine, or, in grave cases, %ith rigorous imprisonment not e(ceeding seven years. 6>7 ?here the crime is committed negligently, the punishment shall #e fine not e(ceeding one thousand *irr, or, in more serious cases, simple imprisonment not e(ceeding si( months. Articl# 30:.7 4ra.# En(an0#rin0 or !a'ota0# o* Comm,nication% or Tran%+ort. 617 ?hoever intentionally paralyses, sa#otages or endangers pu#lic transport, %hether #y road or rail, #y %ater or in the air, at risk of causing a collision, a derailment, a ship%reck or any other accident likely to endanger the person or property, especially8 6a7 #y damaging, displacing, destroying or rendering unservicea#le #ridges, dykes or "etties, installations, or control, protection, signaling or transport e$uipment, instruments or devices5 or #7 #y erecting or setting up o#stacles, or #y engaging in dangerous %orks or activities on roads, rail%ays, channels or any other esta#lished lines of communication5 or c7 #y giving false instructions, signs or signals5 or d7 #y failing his duty or failing to carry out the operating regulations, is punisha#le %ith rigorous imprisonment not e(ceeding five years. 6:7 ?here the crime specified under su#+article 617 is committed negligently, the punishment shall #e simple imprisonment or fine. 6>7 1igorous imprisonment shall not e(ceed ten years %here, #y his act, the criminal has kno%ingly8 a7 committed #reach of a contractual or professional o#ligation incum#ent upon him5 or

#7 endangered the life, person or health of others or created a risk of su#stantial material damage. 6'7 In case of negligent discharge of a specific professional or contractual duty, the punishment shall #e simple imprisonment for not less than one month. 657 ?here the crime is committed #y destroying or damaging air or navigation facilities or e$uipment or interferes %ith their operation, the result of %hich is likely to endanger the safety of the aircraft in flight or the ship in navigation, the criminal is punisha#le %ith rigorous imprisonment from fifteen years to t%enty+five years. 6A7 ?here the crime under su#+article 657 is committed negligently, the punishment shall #e from five years to fifteen years of rigorous imprisonment. Articl# 30<. 7 Unla1*,l !#iB,r# or Control o* an Aircra*t. 617 ?hoever, #y violence or threats thereof or #y any other form of intimidation, #y deceit or #y any other unla%ful means intentionally sei&es or e(ercises control of a fi(ed platform on a continental shelf or an aircraft in flight or landing in an airport or a ship on navigation or har#ouring on a port, is punisha#le %ith rigorous imprisonment from fifteen to t%enty+ five years. 6:7 .or the purpose of this and the follo%ing four !rticles8 a7 Dan aircraft in serviceD refers to the period starting from the time of the preflight preparation of the aircraft #y ground personnel or #y the cre% for a specific flight until t%enty+ four hours after any landing5 #ut it shall not, in any event, #e less than the entire period during %hich the aircraft is in flight as defined in su#+article 617 of this !rticle. #7 Dan aircraft in flightD refers to the period from the moment %hen all the e(ternal doors of an aircraft are closed follo%ing em#arkation until the moment %hen any such door is opened for disem#arkation5 and includes, in case of forced landing, the time until the aircraft as %ell as the persons and property on #oard are released. Articl# 30=.7 En(an0#rin0 Fi;#( Plat*orm on a Contin#ntal !"#l* or an Aircra*t or a !"i+. 617 ?hoever intentionally and unla%fully performs an act of violence against a person in a fi(ed platform on a continental shelf or an aircraft in flight or landing in an airport or a ship on navigation or har#ouring on a port, %hich act is likely to endanger the safety of the platform, the aircraft or the ship, is punisha#le %ith rigorous imprisonment from fifteen years to t%enty+five years.

6:7 ?hoever negligently performs an act of violence against a person in a fi(ed platform on a continental shelf or in an aircraft in flight or landing in an airport or a ship on navigation or har#ouring on a port5 %hich act is likely to endanger the safety of the platform, the aircraft or the ship, is punisha#le %ith rigorous imprisonment from five years to fifteen years. Articl# 302. 7 Dama0# to Fi;#( Plat*orm/ an Aircra*t or a !"i+. 617 ?hoever intentionally and unla%fully destroys or damages a fi(ed platform on a continental shelf, an aircraft or ship in service or an aircraft in flight or landing in an airport, a ship on navigation or har#ouring on a port, or causes damage to one of these o#"ects, %hich is capa#le of endangering the safety of flight or navigation, is punisha#le %ith rigorous imprisonment from fifteen years to t%enty+five years. 6:7 ?hoever negligently destroys or damages a fi(ed platform on a continental shelf, an aircraft or ship in service or an aircraft in flight or landing in an airport, a ship on navigation or har#ouring on a port, or causes damage to one of these o#"ects, %hich is capa#le of endangering the safety of flight or navigation, is punisha#le %ith rigorous imprisonment from five years to fifteen years. Articl# 310. 7 Mi%,%# o* !i0nal% an( Alarm%. 617 ?hoever maliciously or %ithout good cause, and %ith the intention of stopping or distur#ing communications, gives an alarm signal or sends out a call for help, either customary or agreed upon #y international agreement, sets off a %arning or safety device, or makes improper use of the telecommunication danger call. is punisha#le %ith simple imprisonment and fine. 6:7 ?here the crime is committed #y communicating information kno%n to #e false there#y endangering the safety of an aircraft in flight or the safe navigation of a ship, the punishment shall #e from fifteen years to t%enty+five years of rigorous imprisonment. 6>7 ?here the act under su#+article 6:7 is committed negligently, the punishment shall #e rigorous imprisonment from five years to fifteen years. Articl# 311.7 Unla1*,l Con%i0nm#nt o* Dan0#ro,% 4oo(%.

617 ?hoever, %ith intent to cause danger, puts or causes to #e put, consigns or causes to #e consigned, su#stances %hich are inflamma#le, e(plosive or directly poisonous, corrosive or harmful on contact or #y reason of their emanations, or goes on #oard %ith such su#stances, on a pu#lic transport on land, sea or air, is punisha#le %ith rigorous imprisonment from five years to fifteen years. 6:7 ?hoever intentionally places or causes to #e placed on a fi(ed platform on the continental shelf or on an aircraft or a ship, #y any means %hatsoever, a device or a su#stance %hich is likely to8 a7 endanger the safety of the fi(ed platform5 #7 destroy the aircraft in service or render it incapa#le of flight or endanger its safety in flight5 or c7 destroy the ship or cause damage to it or its cargo or endanger its safety in navigation5 is punisha#le %ith rigorous imprisonment from five years to fifteen years. 6>7 ?hoever, contrary to the regulations and directions issued to ensure the safety of traffic, #ut %ithout intent to endanger or in"ure, commits any one of the acts specified under su#+article 617, is punisha#le %ith rigorous imprisonment not e(ceeding seven years. 6'7 !ny person %ho has #een entrusted %ith the prevention and control of crimes against pu#lic transport on land, sea or air, is punisha#le %ith rigorous imprisonment not e(ceeding five years, %here su#stances %hich are capa#le of endangering such transportation or their esta#lishments are found loaded or consigned as a result of his failure to discharge his duty. 657 ?here the act under su#+article 6:7 is committed negligently, the punishment shall #e rigorous imprisonment from five years to fifteen years. Articl# 312.74ra.# Ca%#%. 617 ?here the intentional commission of any of the crimes specified under !rticles 5<5 to 511 has caused loss of life, in"ury to #ody or impairment of health, the punishment shall #e rigorous imprisonment from ten years to t%enty+five years, or, in more serious cases, %ith rigorous imprisonment for life or death.

6:7 ?here the crime is committed negligently, the punishment shall #e rigorous imprisonment from five years to fifteen years. Articl# 31-.7 Partici+ation o* a >,ri(ical P#r%on in a Crim#.

!ny "uridical person %hich participates in the commission of one of the crimes in this Chapter as provided in !rticle >' shall #e punisha#le in accordance %ith !rticle 9< of this Code. TITLE ?III CRIME! A4AIN!T PU LIC HEALTH CHAPTER I INFRIN4EMENT OF THE 4ENERAL PROTECTI?E PRO?I!ION! !#ction I.7 Crim#% Committ#( '& !+r#a(in0 Poll,tin0 t"# En.ironm#nt Di%#a%#% an(

Articl# 314. 7 !+r#a(in0 o* H,man Di%#a%#%. 617 ?hoever intentionally spreads or transmits a communica#le human disease, is punisha#le %ith rigorous imprisonment not e(ceeding ten years. 6:7 ?here the criminal8 a7 has spread or transmitted a disease %hich can cause grave in"ury or death, out of hatred or envy, %ith malice or %ith a #ase motive5 or #7 %ithout even the particular intent specified in su#+article 6a7 of this !rticle has spread or transmitted a disease %hich can cause grave in"ury or death5 or c7 has transmitted an epidemic, the punishment shall #e rigorous imprisonment not e(ceeding t%enty years, or in grave cases, %ith rigorous imprisonment for life or death. 6>7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment or fine. Articl# 313. 7 !+r#a(in0 o* Animal Di%#a%#%. 617 ?hoever intentionally spreads an animal disease among domestic animals or poultry, #ees, game, fish or %ild animals the species of %hich are protected #y la%, is punisha#le %ith simple imprisonment or fine. 6:7 ?here the criminal8

a7 has acted maliciously5 or #7 has intentionally caused su#stantial damage, the punishment shall #e simple imprisonment for not less than three months. 6>7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment not e(ceeding si( months or fine. Articl# 31:.7 Pro+a0ation o* an A0ric,lt,ral or For#%t Para%it#. ?hoever, intentionally or #y negligence, propagates a parasite or germ harmful to agricultural or forest crops, is punisha#le under !rticle 515 a#ove. Articl# 31<.7 Contamination o* 5at#r. 617 ?hoever intentionally contaminates #y means of su#stances harmful to health drinking %ater serving the needs of man or animals, is punisha#le, according to the circumstances and the e(tent of the damage, %ith fine or simple imprisonment for not less than one month, or, in more serious cases, %ith rigorous imprisonment not e(ceeding seven years. 6:7 In cases of intentional poisoning of %ells or cisterns, springs, %ater holes, rivers or lakes, the punishment shall #e rigorous imprisonment not e(ceeding fifteen years. 6>7 ?here the crime under su#+article 617 or 6:7 a#ove is committed negligently, it is punisha#le %ith simple imprisonment, or, if less serious, %ith fine. Articl# 31=. 7 Contamination o* Pa%t,r#lan(. 617 ?hoever intentionally contaminates pastureland or fields %ith poisonous or harmful su#stances so as to endanger the life or health of animals, is punisha#le %ith fine or simple imprisonment, or, in serious cases, %ith rigorous imprisonment not e(ceeding seven years. 6:7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment not e(ceeding si( months, or fine.

Articl# 312. 7 En.ironm#ntal Poll,tion. 617 ?hoever, in #reach of the relevant la%, discharges pollutants into the environment,

is punisha#le %ith fine not e(ceeding ten thousand *irr, or %ith rigorous imprisonment not e(ceeding five years. 6:7 ?here the pollution has resulted in serious conse$uences on the health or life of persons or on the environment, the punishment shall #e rigorous imprisonment not e(ceeding ten years. 6>7 ?here the act of the criminal has infringed a criminal provision entailing a more severe penalty, the provisions on concurrence of crimes shall apply. Articl# 320. 7 Mi%mana0#m#nt o* HaBar(o,% 5a%t#% an( ot"#r Mat#rial%. ?hoever8 a7 fails to manage ha&ardous %astes or materials in accordance %ith the relevant la%s5 or #7 fails to la#el ha&ardous %astes or materials5 or c7 unla%fully transfers ha&ardous %astes or materials, is punisha#le %ith fine not e(ceeding five thousand *irr, or rigorous imprisonment not e(ceeding three years, or %ith #oth. Articl# 321.7 Act% Contrar& to En.ironm#ntal Im+act A%%#%%m#nt. ?hoever, %ithout o#taining authori&ation from the competent authority, implements a pro"ect on %hich an environmental impact assessment is re$uired #y la%, or makes false statements concerning such assessment, is punisha#le %ith simple imprisonment not e(ceeding one year. Articl# 322. 7 In*rin0#m#nt o* Pr#.#nti.# an( Prot#cti.# P,'lic H#alt" M#a%,r#%. 617 ?hoever intentionally disregards the measures prescri#ed #y la% for the prevention, limit or arrest of a communica#le human disease, is punisha#le %ith .simple imprisonment not e(ceeding t%o years, or fine. 6:7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment not e(ceeding si( months, or fine not e(ceeding three thousand *irr. 6>7 In cases of intentional infringement of rules for preventing, limiting or arresting the spread of an animal disease, or of agricultural or forest parasites or germs, the punishment shall #e simple imprisonment not e(ceeding one year, or fine. 6'7 ?here the crime under su#+article 6>7 is committed negligently, the punishment shall #e simple imprisonment not e(ceeding three months, or fine not e(ceeding one thousand *irr. Articl# 32-.7 Cr#ation o* Di%tr#%% or Famin#.

617 ?hoever intentionally, directly or indirectly, creates %ithin the country a grave state of misery, %ant or famine, epidemic or epi&ootic disease or distress, especially #y improperly hiding or hoarding, destroying or preventing the transport or distri#ution of grain, foodstuffs or provisions, or remedies or products necessary to the life or health of man or domestic animals, is punisha#le %ith rigorous imprisonment not e(ceeding fifteen years. 6:7 ?hoever, in time of such distress, fails to fulfil, or to fulfil properly, %ithout "ustification of force ma"eure, the o#ligations or lia#ilities incum#ent upon him, %hether as a purveyor, middleman, su#+contractor, carrier or agent, or in any other capacity, in respect to the delivery or handing over of provisions, remedies or any other products to #e used to prevent, limit or arrest the distress, is punisha#le under su#+article 617. 6>7 ?here the crime is committed for gain, the punishment shall #e rigorous imprisonment not e(ceeding t%enty years, and fine not e(ceeding one hundred thousand *irr. Articl# 324.7 Partici+ation o* a >,ri(ical P#r%on. ! "uridical person %hich participates in one of the crimes in this -ection, shall #e pu#lisha#le in accordance %ith !rticle 9< of this Code. !#ction II.7 Crim#% Committ#( T"ro,0" Pro(,ction an( Di%tri',tion o* !,'%tanc#% HaBar(o,% to H,man an( Animal H#alt"

Articl# 323.7 Pro(,cin0/ MaCin0/ Tra**icCin0 in or U%in0 Poi%ono,% or Narcotic an( P%&c"otro+ic !,'%tanc#%. 617 ?hoever, %ithout special authori&ation and %ith the intent of trafficking8 6:7 a7 plants, produces or makes, transforms or manufactures poisonous, narcotic or psychotropic plants or su#stances5 or #7 possesses, imports, e(ports, transports, stores, #rokers, purchases, offers for sale, distri#utes, utters, hands over or procures for another, one of the su#stances listed in 6a7 a#ove5 or c7 makes, possesses imports or e(ports means used for producing, composing or manufacturing one of the su#stances listed in 6a7 a#ove5 or d7 furnishes, leases or permits a house, premise or land under his o%nership or possession, for the making,

composition, production sale or distri#ution of one of the su#stances listed in 6a7 a#ove, is punisha#le %ith rigorous imprisonment for not less than five years, and fine not e(ceeding one hundred thousand *irr. )he punishment shall #e rigorous imprisonment for not less than ten years, and fine not e(ceeding t%o hundred thousand *irr8 a7 %here the crime is committed #y a mem#er of a #and or association organi&ed nationally or internationally for the trafficking in such su#stances or committing crimes, or #y a person %ho makes a profession of such unla%ful activity5 or #7 %here the criminal, for gain, %ith #ase motive or for any other improper motive, kno%ingly furnishes the for#idden su#stances5 or permits access to his premises for the taking of such su#stances5 or %here the user is an infant or a young person or a mentally deficient person or a drug addict5 or c7 %here the criminal employs children or a person %ith mental illness as a means for the commission of the crime5 or d7 %here the crime is committed in prisons, in schools, on the premises of institutions for social service, or in places %here children or young students engage in educational, sporting or other social activities5 or e7 %here the criminal has #een previously convicted for a similar crime. 6>7 ?hoever possesses, transports, stores or hands over poisonous or narcotic or psychotropic drugs or plants, %hich he kno%s to have #een procured through or intended for the commission of one of the crimes specified in su#+article 617 or 6:7 of this !rticle, is punisha#le %ith rigorous imprisonment for not less than five years, and fine not e(ceeding one hundred thousand *irr. 6'7 ?hoever8 a7 plants, #uys, receives, makes, possesses, sells or delivers one of the su#stances mentioned in su#+article 617 a#ove, to #e privately used #y himself or another5 or #7 uses or causes to #e used one of these su#stances %ithout medical prescription or in any other unla%ful manner, is punisha#le %ith rigorous imprisonment not e(ceeding seven years, and fine not e(ceeding fifty thousand *irr. 657 !ny person %ho, intending to use narcotic or psychotropic su#stances for unla%ful purposes, fraudulently causes a medical practitioner to give him a medical prescription, or transfers a prescription o#tained la%fully or unla%fully to an unauthori&ed third person, or any medical practitioner %ho

intentionally makes out an unla%ful prescription for narcotic or psychotropic su#stances, is punisha#le %ith rigorous imprisonment not e(ceeding five years, and fine. 6A7 /othing shall affect the provisions of this Code relating to sei&ure of dangerous articles 6!rt. 1'<7 and the commission and aiding in money laundering 6!rt. A9'7. Articl# 32:.7 Do+in0. 617 ?hoever intentionally8 a7 produces, imports, sells, keeps professionally or distri#utes harmful manufactured su#stances prohi#ited #y la%, %hich help to achieve physical and psychological superiority in sports #y temporarily #oosting the physical fitness ac$uired #y nature and through training5 or #7 makes use of or causes to #e used unla%fully the su#stances mentioned in 6a7 a#ove, is punisha#le %ith simple imprisonment or fine, or %here the act has caused grave in"ury, %ith rigorous imprisonment not e(ceeding five years. 6:7 ?hoever, %ith intent to employ a legally authori&ed drug for the purpose specified in su#+article 617, prescri#es, gives or makes use of it improperly or outside the purpose for %hich it has #een made, is punisha#le %ith simple imprisonment or fine. 6>7 ?here one of the acts specified in su#+article 617 or 6:7 a#ove is committed negligently, the punishment shall #e simple imprisonment not e(ceeding three months, or fine not e(ceeding five thousand *irr. Articl# 32<.7 Man,*act,r#/ A(,lt#ration an( !al# o* In8,rio,% Dama0#( Pro(,ct% or Foo(%t,**%. 617 ?hoever intentionally8 a7 manufactures food, provisions, foodstuffs or products unfit for human consumption or goods %hich contain in"urious or damaged ingredients, or %ho adulterates food or goods in such a %ay as to endanger pu#lic health5 or #7 stores, offers for sale, e(ports, imports, receives or distri#utes such in"urious products, is punisha#le %ith simple imprisonment for not less than si( months, or, in serious cases, %ith rigorous imprisonment for not less than five years and fine. 6:7 )he punishment shall #e rigorous imprisonment for not less than seven years, %here the criminal8 or

a7 has special duties of supervision or control in an undertaking of pu#lic interest #elonging to the -tate, or let out to concession #y the -tate5 or #7 deli#erately manufactures, adulterates, sells or distri#utes remedies, medicaments, dietetic products or tonics, not poisonous in themselves and procura#le %ithout a prescription, the defective manufacture or adulteration of %hich can have dangerous effects. >7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment not e(ceeding si( months, or fine. Articl# 32=.7 Man,*act,r#/ A(,lt#ration an( !al# o* Fo((#r an( Pro(,ct% In8,rio,% to Li.#7!tocC.

?hoever intentionally8 a7 adulterates fodder ,or natural feeding stuffs, or manufactures in"urious forage or other products, intended for domestic animals, there#y endangering the tatter,s %ealth or life5 or #7 imports, e(ports, stores, sells, offers for sale or distri#utes such in"urious fodder or other feeding stuffs, is punisha#le %ith simple imprisonment and fine. 6:7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment not e(ceeding three years, or fine. Articl# 322. 7 A00ra.atin0 Circ,m%tanc#%. )he ma(imum punishment of deprivation of li#erty provided for in the preceding !rticles 6!rt. 5:7 and 5:97 shall #e pronounced, and the fine may #e increased up to t%o hundred thousand *irr, %here the criminal makes a profession of such crimes 6!rt. 9<7, or %here his felonious activities relate to large $uantities of goods, and %here the damage caused is su#stantial. Articl# 3-0.7 Partici+ation o* a >,ri(ical P#r%on. !ny "uridical person %hich participates in one of the crimes specified in !rticles 5:5 to 5:9, shall #e punisha#le in accordance %ith !rticle 9< of this Code. Articl# 3-1.7 En(an0#rin0 t"# H#alt" o* Anot"#r '& Alco"olic #.#ra0#% or !+irit,o,% Li9,or%. 617 ?hoever endangers the health of another, intentionally and unscrupulously, #y administering or serving, or #y causing or permitting to #e administered or served, to minors or to persons already manifestly suffering from e(cessive consumption thereof, alcoholic #everages or spirituous li$uors of such kind or in such $uantity as to make their in"urious effect certain or pro#a#le, is punisha#le %ith simple imprisonment not e(ceeding one year, and fine.

6:7 6>7

?here the crime is committed repeatedly, the punishment shall #e simple imprisonment for not less than si( months, %ithout pre"udice to prohi#ition of professional practice. ?here the crime is committed negligently, the punishment shall #e simple imprisonment not e(ceeding three months.

Articl# 3-2.7 En(an0#rin0 '& M#ntal M#an% or Practic#%. ?hoever intentionally endangers the health of another #y inducing in him a state of hypnosis, trance or catelepsy, or any other change or suspension of his conscious faculties, is punisha#le under !rticle 5>1. Articl# 3--. En(an0#rin0 '& P"iltr#%/ !+#ll% or !imilar M#an%. ?hoever, kno%ing the danger %hich they imply, prepares, gives, sells distri#utes or administers to another a potion, po%der, philtre or any other product or ingredient suscepti#le of impairing his health, is punisha#le under !rticle 5>1. Articl# 3-4. 7 A00ra.at#( Ca%#%. 617 ?here the criminal makes a profession of the practices defined in !rticles 5>: and 5>>, he is punisha#le %ith simple imprisonment for not less than one year, and fine. 6:7 ?here the crime is committed against the %ill of the victim, the special provision regarding deprivation of po%ers of decision 6!rt. 59>7 shall #e applied concurrently. CHAPTER II INFRIN4EMENT! OF CURATI?E AND PROTECTI?E PRO?I!ION! Articl# 3-3.7 Unla1*,l E;#rci%# o* t"# M#(ical or P,'lic H#alt" Pro*#%%ion%. 617 ?hoever, having neither the professional $ualifications prescri#ed and controlled #y the competent authority nor the authori&ation to set up in official practice re$uired under the relevant regulations or #y e(ceeding his authori&ation, makes a practice of treating sick persons in no matter %hat form, or does so for remuneration, %hether it #e #y consultations, treatment, the sale of remedies or any other medical or curative activity or practice, is punisha#le %ith simple imprisonment not e(ceeding one year, or %ith rigorous imprisonment not e(ceeding five years and fine.

6:7 ! person %ho treats live+stock under the circumstances provided in su#+article 617 a#ove, is punisha#le %ith simple imprisonment or fine. 6>7 ?hoever manufactures, offers for sale, sells, distri#utes or puts on use drugs or medical instruments8 a7 the safety, efficacy and $uality of %hich is not ascertained and duly authori&ed #y the appropriate organ5 or #7 %hich are counterfeited or adulterated5 or %hich have misleading la#els %ritten on, affi(ed to or enclosed %ith, their packaging5 or c7 that have e(pired5 or d7 %hich are prohi#ited, spoiled, faked, contaminated or, for any other reason, ascertained to #e harmful to the health of the person using them, is punisha#le %ith rigorous imprisonment for not less than five years, and fine from t%enty thousand to fifty thousand *irr. 6'7 Casual advice, aid or services rendered in cases of urgency or in an emergency, or out of kindness or devotion and free of charge, or the delivery in such conditions of proven and innocuous natural or traditional remedies, are not punisha#le. 657 /othing in this !rticle shall prevent the practice of a system of therapeutics according to indigenous methods #y persons recogni&ed #y the local community to %hich they #elong, to #e duly trained in such practice, provided that no such person shall #e authori&ed to practice e(cept amongst the local community to %hich he #elongs and in such a manner as is neither dangerous nor in"urious to the person, health or life. Articl# 3-:.7 Unla1*,l D#li.#r& !,'%tanc#%. o* Poi%ono,% or Dan0#ro,%

!ny doctor, pharmacist, dentist, veterinary surgeon or nurse, or any other person authori&ed to give medical care %ith the help of poisonous, narcotic or psychotropic su#stances or su#stances entailing grave danger to health, or to keep or sell such su#stances, %ho makes use of them or delivers them to the pu#lic %ithout special authority and apart from the cases permitted in normal curative practice, is punisha#le %ith simple imprisonment for not less than three years and fine, or, in serious cases, %ith rigorous imprisonment not e(ceeding seven years and fine. ?here the criminal has committed the crime for gain, he shall #e punisha#le %ith fine not e(ceeding one hundred thousand *irr. Articl# 3-<.7 R#*,%al to Pro.i(# M#(ical A%%i%tanc#.

617 !ny doctor, pharmacist, dentist, veterinary surgeon, mid%ife or nurse, or any other person la%fully entitled to render professional attention and care, %ho, contrary to his duty and %ithout "ust cause refuses to provide his services in a case of serious need, %hether from indifference, selfishness, cupidity, hatred or contempt or any other similar motive, is punisha#le %ith fine, or, %here the crime is repeated, %ith simple imprisonment not e(ceeding si( months. 6:7 /othing shall affect the more severe provision 6!rt. 5756:77 punishing failure to lend aid to a person in grave and imminent peril of his life, person or health. OO6 ? CRIME! A4AIN!T INDI?IDUAL! AND THE FAMIL@ TITLE I CRIME! A4AIN!T LIFE/ PER!ON AND HEALTH CHAPTER I CRIME! A4AIN!T LIFE !#ction I.7 Homici(# an( it% Form% Articl# 3-=. 7 Princi+l#. 617 ?hoever causes the death of a human #eing intentionally or #y negligence, no matter %hat the %eapon or means used, commits homicide. 6:7 )he punishment to #e imposed upon the person %ho is guilty of intentional or negligent homicide shall #e determined according to the follo%ing provisions depending on %hether the homicide is simple or aggravated. 6>7 !ny person %ho committed homicide, %hether intentionally or negligently, shall #e punished #y la%ful "udicial process and in accordance %ith decisions rendered there#y. Articl# 3-2.7 A00ra.at#( Homici(#. 617 ?hoever intentionally commits homicide8 a7 %ith such premeditation, motive, %eapon or means, in such conditions of commission, or in any other aggravating circumstance, %hether general 6!rt. 9'7 or other circumstances duly esta#lished 6!rt. 9A7, as to sho% that he is e(ceptionally cruel, a#omina#le or dangerous5 or #7 as a mem#er of a #and organi&ed for carrying out homicide or armed ro##ery5 or c7 to further another crime or to conceal a crime already committed,

is punisha#le %ith rigorous imprisonment for life, or death. 6:7 Death sentence shall #e passed %here the criminal has committed homicide in the circumstances specified under su#+ article 617 a#ove %hile serving a sentence of rigorous imprisonment for life. Articl# 340.7 Or(inar& Homici(#. ?hoever intentionally commits homicide neither in aggravating circumstances as in !rticle 5>9, nor in e(tenuating circumstances as in !rticle 5'1, is punisha#le %ith rigorous imprisonment from five years to t%enty years. Articl# 341.7 E;t#n,at#( Homici(#. ?hoever intentionally commits homicide8 a7 #y e(ceeding the limits of necessity 6!rt. 757, or of legitimate defence 6!rt. 7975 or #7 follo%ing gross provocation, under the shock of surprise or under the influence of violent emotion or intense passion made understanda#le and in some degree e(cusa#le #y the circumstances, is punisha#le %ith simple imprisonment not e(ceeding five years. Articl# 342. 7 In%ti0atin0 or Ai(in0 anot"#r to commit !,ici(#. 617 ?hoever instigates another to commit suicide, or aids him to do so, is punisha#le %ith simple imprisonment %here the suicide is attempted, and %ith rigorous imprisonment not e(ceeding five years %here it is consummated. 6:7 ?here the person %ho has #een instigated or aided to commit suicide had not attained the age of ma"ority, or had no capacity #ecause of mental illness or senility, the punishment to #e imposed upon the instigator or assistant shall #e rigorous imprisonment not e(ceeding five years, %here the suicide is attempted, and rigorous imprisonment not e(ceeding ten years, %here it is consummated. Articl# 34-.7 Homici(# '& N#0li0#nc#. 617 ?hoever negligently causes the death of another in circumstances other than those specified in su#+article 6:7 and 6>7 of this !rticle,

is punisha#le %ith simple imprisonment from si( months to three years, or %ith fine from t%o thousand to four thousand *irr. 6:7 ?here the negligent homicide is committed #y a person, such as a doctor or driver, %ho has a professional or other duty to protect the life, health or safety of another, the punishment shall #e simple imprisonment from one year to five years and fine from three thousand to si( thousand *irr. 6>7 )he punishment shall #e rigorous imprisonment from five year to fifteen years and fine from ten thousand to fifteen thousand *irr %here the criminal has negligently caused the death of t%o or more persons or %here he has deli#erately infringed e(press rules and regulations disregarding that such conse$uences may follo% or even %here he has put himself in a state of irresponsi#ility #y taking drugs or alcohol. Articl# 344. 7 In*antici(#. 617 ! mother %ho intentionally kids her infant %hile she is in la#our or %hite still suffering from the direct effect thereof, is punisha#le, according to the circumstances of the case, %ith simple imprisonment. ?here the crime is attempted, the Court shall mitigate the punishment 6!rt. 19<7 if no in"ury has #een done to the intent. 6:7 ! mother %ho kills her child, either intentionally or #y negligence, in circumstances other than those specified under su#+article 617 of this !rticle shall #e tried according to the relevant provisions of this Code regarding homicide. 6>7 !nother person, #eing a principal, an instigator or an accomplice in the crime committed under su#+article 617 of this !rticle, is e(cluded from the #enefits of e(tenuation, and is punisha#le under the general provisions relating to homicide, according to the circumstances and the degree of his guilt. !#ction.7 II Crim#% a0ain%t Li*# Un'ornA A'ortion Articl# 343. 7 Princi+l#. 617 )he intentional termination of a pregnancy, at %hatever stage or ho%ever effected, is punisha#le according to the follo%ing provisions, e(cept as other%ise provided under !rticle 551. 6:7 )he nature and e(tent of the punishment given for intentional a#ortion shall #e determined according to %hether it is procured #y the pregnant %oman herself or #y another, and in the latter case according to %hether or not the pregnant %oman gave her consent.

Articl# 34:. 7 A'ortion Proc,r#( '& t"# Pr#0nant 5oman. 617 ! pregnant %oman %ho intentionally procures her o%n a#ortion is punisha#le %ith simple imprisonment. 6:7 !ny other person %ho procured for her the means of, or aids her in the a#ortion, shall #e punisha#le as a principal criminal or an accomplice, %ith simple imprisonment. Articl# 34<. 7 A'ortion Proc,r#( '& Anot"#r. 617 ?hoever contrary to the la% performs an a#ortion on another, or assists in the commission of the crime, is punisha#le %ith simple imprisonment. 6:7 1igorous imprisonment shall #e from three years to ten years, %here the intervention %as effected against the %ill of the pregnant %oman, or %here she %as incapa#le of giving her consent, or %here such consent %as e(torted #y threat, coercion or deceit, or %here she %as incapa#le of reali&ing the significance of her actions. 6>7 ! pregnant %oman %ho consents to an act of a#ortion e(cept as is other%ise permitted #y la%, is punisha#le %ith simple imprisonment. Articl# 34=. 7 A00ra.at#( Ca%#%. ?here a#ortion is performed apart from the circumstances provided #y la% the punishment shall #e aggravated as follo%s8 617 in cases %here the criminal has acted for gain, or made a profession of a#ortion 6!rt. 9:7, he is punisha#le %ith fine in addition to the penalties prescri#ed in !rticle 5'7 a#ove5 6:7 in cases %here the crime is committed #y a person %ho has no proper medical profession, the punishment shall #e simple imprisonment for not less than one year, and fine5 6>7 in cases %here the crime is committed #y a professional, in particular, #y a doctor, pharmacist, mid%ife, or nurse practising his profession, the Court shall, in addition to simple imprisonment and fine, order prohi#ition of practice, either for a limited period, or, %here the crime is repeatedly committed, for life 6!rt. 1:>7. Articl# 342. 7 Att#m+t to Proc,r# an A'ortion on a Non7Pr#0nant 5oman.

)he general provisions relating to crimes impossi#le of completion 6!rt. :97 shall apply in the case of attempt to procure an a#ortion on a %oman %rongly supposed to #e pregnant. Articl# 330. 7 E;t#n,atin0 Circ,m%tanc#%. -u#"ect to the provision of !rticle 551 #elo%, the Court shall mitigate the punishment under !rticle 19<, %here the pregnancy has #een terminated on account of an e(treme poverty.

Articl# 331.7Ca%#% 1"#r# T#rminatin0 Pr#0nanc& i% Allo1#( '& La1. 617 )ermination of pregnancy #y a recogni&ed medical institution %ithin the period permitted #y the profession is not punisha#le %here8 a7 the pregnancy is the result of rape or incest5 or #7 the continuance of the pregnancy endangers the life of the mother or the child or the health of the mother or %here the #irth of the child is a risk to the life or health of the mother5 or c7 %here the child has an incura#le and serious deformity5 or d7 %here the pregnant %oman, o%ing to a physical or mental deficiency she suffers from or her minority, is physically as %ell as mentally unfit to #ring up the child. 6:7 In the case of grave and imminent danger %hich can #e averted only #y an immediate intervention, an act of terminating pregnancy in accordance %ith the provision of !rticle 75 of this Code is not punisha#le. Articl# 332.7 Proc#(,r# o* T#rminatin0 Pr#0nanc& an( t"# +#nalt& o* ?iolatin0 t"# Proc#(,r#. 617 )he 2inistry of Bealth shall shortly issue a directive %here#y pregnancy may #e terminated under the conditions specified in !rticle 551 a#ove, in a manner %hich does not affect the interest of pregnant %omen. 6:7 In the case of terminating pregnancy in accordance %ith su#+ article 617 6a7 of !rticle 551 the mere statement #y the %oman is ade$uate to prove that her pregnancy is the result of rape or incest. 6>7 !ny person %ho violated the directive mentioned in su#+article 617 a#ove, is punisha#le %ith fine not e(ceeding one thousand *irr, or simple imprisonment not e(ceeding three months. CHAPTER II CRIME! A4AIN!T PER!ON AND HEALTH Articl# 33-. 7 Princi+l#. 617 ?hoever intentionally or #y negligence causes #odily in"ury to another or impairs his health, #y %hatever means or in any manner, is punisha#le in accordance %ith the provisions of this Chapter. )hese provisions em#race all manner of #odily assaults, #lo%s, %ounds, maiming, in"uries or harm, and all damage to the physical or mental health of an individual.

6:7 Compensation to the in"ured party is determined #y the Court in light of the gravity of the in"ury and the position of the parties, in accordance %ith the general provisions of this Code 6!rt. 1<17. Articl# 334. 7 E;+#rt A%%#%%m#nt In Ca%# o* Do,'t*,l Ca%#%. ?here there is dou#t as to the nature of a case, its conse$uences or its gravity, the Court may call for an e(pert forensic medical assessment to assist in deciding the case. Articl# 333.7 4ra.# 5il*,l In8,r&. ?hoever intentionally8 a7 %ounds a person so as to endanger his life or to permanently "eopardi&e his physical or mental health5 or #7 maims his #ody or one of his essential lim#s or organs, or disa#les them, or gravely and conspicuously disfigures him5 or c7 in any other %ay inflicts upon another an in"ury or disease of a serious nature, is punisha#le, according to the circumstances of the case and the gravity of the in"ury, %ith rigorous imprisonment not e(ceeding fifteen years, or %ith simple imprisonment for not less than one year. Articl# 33:. 7 Common 5il*,l In8,r&. 617 ?hoever causes another to suffer an in"ury to #ody or health other than those specified in !rticle 555 a#ove, is punisha#le, upon complaint, %ith simple imprisonment not e(ceeding one year, or %ith fine. 6:7 )he crime is punisha#le, upon accusation, %ith simple imprisonment from si( months to three years %here8 a7 the criminal has used poison, a lethal %eapon or any other instrument capa#le of inflicting in"uries5 or #7 the criminal has inflicted the in"uries in #reach of a duty, professional or other5 or c7 the victim is %eak, sick or incapa#le of defending himself. Articl# 33<. 7 E;t#n,atin0 Circ,m%tanc#%. 617 ?hoever intentionally does in"ury to the person or health of another8 a7 #y e(ceeding the limits of necessity 6!rt. 757, or legitimate defence 6!rt. 7975 or #7 follo%ing gross provocation, or under the shock or influence of a surprise, an emotion or a passion made understanda#le and in some degree e(cusa#le #y the circumstances5 or

c7 at the re$uest or %ith the consent of the victim %ho is capa#le of reali&ing his action and its conse$uences, %here the in"ury is for#idden #y la% or offends pu#lic decency, is punisha#le %ith simple imprisonment not e(ceeding t%o years, or fine not e(ceeding four thousand *irr. 6:7 In the case provided for in su#+article 6176c7, simple imprisonment shall not e(ceed four years %here the victim, due to age, mental or other conditions, %as partially or completely incapa#le of reali&ing the conse$uences of his re$uest or consent. Articl# 33=. 7 Con%#9,#nc#% not Int#n(#( '& t"# Criminal. ?hoever has caused grave in"ury through criminal negligence, although his intention %as to inflict common in"ury, is punisha#le %ith simple imprisonment from si( months to three years. Articl# 332. 7 In8,ri#% Ca,%#( '& N#0li0#nc#. 617 ?hoever, #y criminal negligence, causes another to suffer common in"ury to person or to health, is punisha#le %ith simple imprisonment not e(ceeding si( months, or fine not e(ceeding one thousand *irr. 6:7 )he punishment shall #e simple imprisonment for not less than si( months, and a fine of not less than one thousand *irr, %here the in"ury inflicted is of the same kind as the one stated in !rticle 555, or %here it %as caused #y a person like a doctor or driver, %ho had a special duty to safeguard the #ody or health of another. 6>7 )he crime is punisha#le upon accusation, %here the in"ury is grave, and upon complaint, %here it is common. )he e(tent of the in"ury shall #e determined in accordance %ith !rticles 555 and 55A. Articl# 3:0.7 A%%a,lt%. 617 ?hoever assaults another or does him violence %ithout causing #odily in"ury or impairment of health, is punisha#le, upon complaint, %ith a fine not e(ceeding three hundred *"rr, or, in serious cases, %ith simple imprisonment not e(ceeding three months. -imple #ruises, s%ellings or transient aches and pains are not held to #e in"uries to person or health. 6:7 2inor crimes that do not come under su#+article 617 of this !rticle are punisha#le in accordance %ith the provision of !rticle 9'< of the Code of Petty Effences.

6>7 ?here the victim has returned assault for assault, the Court may refrain from inflicting any punishment other than a reprimand or %arning for the future on either of the t%o or #oth parties. CHAPTER III CRIME! COMMITTED A4AIN!T LIFE/ PER!ON AND HEALTH THROU4H HARMFUL TRADITIONAL PRACTICE! Articl# 3:1.7 En(an0#rin0 t"# Li.#% o* Pr#0nant 5om#n an( C"il(r#n t"ro,0" Harm*,l Tra(itional Practic#%. 617 ?hoever causes the death of a pregnant or a delivering %oman or that of a ne%ly #orn child as a result of the application of a harmful traditional practice such as8 a7 massaging the a#domen of a pregnant %oman, or shaking a %oman in a prolonged la#our5 or #7 soiling the um#ilical cord of a ne%ly+#orn child %ith dung or other similar su#stances, keeping a ne%ly+#orn child out of the sun or feeding it #utter, e(cising the uvula of a child or taking out milk teeth or preventing the child from #eing vaccinated5 or c7 through the e(ercise of other traditional practices kno%n #y the medical profession to #e harmful, is punisha#le %ith fine or simple imprisonment from three months to one year. 6:7 ?here the death %as caused #y negligence, the relevant provision of this Code 6!rt. 5'>7 shall apply. Articl# 3:2.7 Ca,%in0 o(il& In8,r& to Pr#0nant 5om#n an( C"il(r#n T"ro,0" Harm*,l Tra(itional Practic#%

617 ?hoever causes #odily in"ury or mental impairment to a pregnant or delivering %oman or to a ne%ly+#orn child as a result of the application of a harmful traditional practice such as8 a7 massaging the a#domen of a pregnant %oman, or shaking a %oman in a prolonged la#our5 or #7 soiling the um#ilical cord of a ne%ly+#orn child %ith dung or other similar su#stances, keeping a ne%ly+#orn child out of the sun or feeding it #utter, e(cising the uvula of a child or taking out milk teeth or preventing the child from #eing vaccinated5 or c7 through the e(ercise of other traditional practices kno%n #y the medical profession to #e harmful, is punisha#le %ith fine or simple imprisonment not e(ceeding si( months.

6:7 ?here the in"ury to #ody, mind or health %as caused #y negligence, the relevant provision of this Code 6!rt. 5597 shall apply. Articl# 3:-.7 Di%cr#tion o* t"# Co,rt. In respect of the crimes specified under !rticles 5A1 and 5A:, the Court, taking into account the age, education, e(perience or social status of the criminal, may give him only a %arning instead of fine or a penalty entailing loss of li#erty.

Articl# 3:4.7

?iol#nc# A0ain%t a Marria0# Partn#r or a P#r%on Co"a'itin0 in an Irr#0,lar Union.

)he relevant provision of this Code 6!rts. 555 + 5A<7 shall apply to a person %ho, #y doing violence to a marriage partner or a person coha#iting in an irregular union, causes grave or common in"ury to his ;her physical or mental health. Articl# 3:3.7 F#mal# Circ,mci%ion. ?hoever circumcises a %oman of any age, is punisha#le %ith simple imprisonment for not less than three months, or fine not less than five hundred *irr. Articl# 3::.7 In*i',lation o* t"# F#mal# 4#nitalia. 617 ?hoever infi#ulates the genitalia of a %oman, is punisha#le %ith rigorous imprisonment from three years to five years. 6:7 ?here in"ury to #ody or health has resulted due to the act prescri#ed in su#+article 617 a#ove, su#"ect to the provision of the Criminal Code %hich provides for a more severe penalty, the punishment shall #e rigorous imprisonment from five years to ten years. Articl# 3:<.7 o(il& In8,ri#% Ca,%#( T"ro,0" Ot"#r Harm*,l Tra(itional Practic#%.

?hoever, apart from the circumstances specified in this Chapter, inflicts upon another #odily in"ury or mental impairment through a harmful traditional practice kno%n for its inhumanity and ascertained to #e harmful #y the medical profession, shall, according to the circumstances of the case, #e lia#le to one of the penalties prescri#ed under the provisions of !rticle 5A1 or !rticle 5A: of this Code.

Articl# 3:=.7 Tran%mi%%ion o* Di%#a%# T"ro,0" Harm*,l Tra(itional Practic#%. ?here the victim has contracted a communica#le disease as a result of one of the harmful traditional practices specified in the a#ove provisions, the penalties prescri#ed in this Code concerning the spread of communica#le diseases shall apply concurrently. Articl# 3:2.7 Partici+ation in Harm*,l Tra(itional Practic#%. ! parent or any other person %ho participates in the commission of one of the crimes specified in this Chapter, is punisha#le %ith simple imprisonment not e(ceeding three months, or fine not e(ceeding five hundred *irr. Articl# 3<0.7 Incit#m#nt A0ain%t t"# En*orc#m#nt o* Pro.i%ion% Pro"i'itin0 Harm*,l Tra(itional Practic#%. !ny person %ho pu#licly or other%ise incites or provokes another to disregard the provisions of this Code prohi#iting harmful traditional practices, or organi&es a movement to promote such end, or takes part in such a movement, or su#scri#es to its schemes, is punisha#le %ith simple imprisonment for not less than three months, or fine not less than five hundred *irr, or #oth. CHAPTER I? CRIME! ENDAN4ERIN4 LIFE/ PER!ON OR HEALTH Articl# 3<1. 7 E;+o%,r# o* t"# Li*# o* Anot"#r. ?hoever intentionally puts another in imminent danger of death, is punisha#le, according to the circumstances of the case, %ith rigorous imprisonment not e(ceeding three years, or %ith simple imprisonment for not less than three months. Articl# 3<2.7 E;+o%in0 to Dan0#r t"ro,0" t"# ?iolation o* Tra**ic R#0,lation%. 617 !ny driver or pedestrian %ho e(poses to danger the life, #ody, health or property of another #y negligently violating traffic regulations, is punisha#le %ith simple imprisonment from one month to three years, or fine not less than one hundred *irr, or #oth.

6:7 ?here the act has caused in"ury to the life, #ody, health or property of another, the relevant provisions of this Code and those of the infringed traffic regulation shall apply concurrently. Articl# 3<-.7 En(an0#rin0 t"# H,man o(&. 617 ?hoever, %ith intent to o#tain money or other advantage8 a7 gives %hile alive his organ or a part of his #ody to another5 or #7 enters into a contract %ith another person or institution to give his organ or a part of his #ody after his death, is punisha#le %ith simple imprisonment or fine. 6:7 ?hoever, %ith intent to o#tain money or other advantage, takes a%ay an organ or a part of the #ody of another %ith the latter,s consent, shall #e punisha#le8 a7 %ith rigorous imprisonment from five years to ten years, %here the act is committed %hile the victim is still alive5 or #7 %ith rigorous imprisonment not e(ceeding five years, %here the act is committed after the death of the victim. 6>7 ?hoever takes an organ or part of the #ody of another #y coercion, fraud, trickery or %ithout the consent of the person concerned, is punisha#le %ith rigorous imprisonment from ten years to t%enty+five years. 6'7 ?hoever, apart from the cases specified in the a#ove su#+ articles, and contrary to la%, regulations or rules, carries out scientific or medical e(amination, research or e(periments on a person,s #ody #y coercing the person or %ithout his consent or kno%ledge, or discloses or gives under any conditions to another person such information o#tained in this manner, is punisha#le, according to the circumstances of the case, %ith simple imprisonment for not less than one year, or %ith rigorous imprisonment not e(ceeding ten years. 657 ?here a "uridical person commits one of the acts specified in su#+article 6:7, 6>7 or 6'7 a#ove, it shall #e lia#le to punishment in accordance %ith !rticles >' and 9<6>7 of this Code. Articl# 3<4. 7 E;+o%,r# or A'an(onm#nt o* Anot"#r. 617 ?hoever, having the custody or charge, on no matter %hat grounds, of a person incapa#le of protecting himself, %hether on account of his health, his age, his situation or any other circumstance, intentionally8 a7 e(poses him, there#y putting him in imminent danger of life or health5 or #7 a#andons him %hen in like situation, is punisha#le, according to the circumstances of the case, %ith rigorous imprisonment not e(ceeding five years, or %ith simple

imprisonment for not less than si( months, %ithout pre"udice to the deprivation of the criminal,s family rights %here necessary. 6:7 ?here the crime is committed against an infant, the punishment shall #e rigorous imprisonment not e(ceeding seven years. Articl# 3<3 .7 Fail,r# to L#n( Ai( to Anot"#r. 617 ?hoever intentionally leaves %ithout help a person in imminent and grave peril of his life, person or health, %hen he could have lent him assistance, direct or indirect, %ithout risk to himself or to third parties, is punisha#le %ith simple imprisonment not e(ceeding si( months, or fine. 6:7 -imple imprisonment shall #e in addition to fine, and shall #e from one month to t%o years, %here8 a7 the victim has #een in"ured #y the criminal himself, no matter in %hat circumstances or #y %hatever means5 or #7 the criminal %as under an o#ligation, professional or contractual, medical, maritime or other, to go to the victim,s aid or to lend him assistance. Articl# 3<:.7 Maltr#atm#nt o* Minor%. 617 ?hoever, having the custody or charge of a minor, ill+treats, neglects, over tasks or #eats him for any reason or in any manner, is punisha#le %ith simple imprisonment not e(ceeding three months. 6:7 ?here the crime causes grave in"ury to the health, %ell+#eing, education or physical or psychological development of the minor, the punishment shall #e, in addition to the deprivation of family rights of the criminal, simple imprisonment for not less than one year. 6>7 )he taking, #y parents or other persons having similar responsi#ilities, of a disciplinary measure that does not contravene the la%, for purposes of proper up#ringing, is not su#"ect to this provision 6!rt. A97. Articl# 3<<.7 ra1l%.

617 ?hoever, %ithout confining himself to repelling attack, to defending himself or others, or to separating the com#atants, takes part in any #ra%l or fight of not less than three persons,

from %hich in"ury to the person or health, or the death, of one of those present or damage to property, may ensue, is punisha#le %ith simple imprisonment not e(ceeding one year. 6:7 ?hoever takes part in a #ra%l and is found to #e carrying, or makes use of, a %eapon or instrument capa#le of causing %ounds or death, or any other similar %eapon, is punisha#le %ith simple imprisonment from one month to one year, %here no in"ury has ensued. 6>7 ?here anyone has #een %ounded or killed on account of the attendant circumstances of the #ra%l, especially #ecause of the hatred, state of e(citement or drunkenness of the opposing sides, or #ecause they %ere armed or %ere provided %ith instruments, stones or any other o#"ects capa#le of %ounding or causing death, the punishment shall #e increased up to the general legal ma(imum. 6'7 In such cases, %here those %ho have caused the in"ury or death can #e discovered, they shall #e punisha#le under the relevant provisions concurrently 6!rt. AA7. Articl# 3<=.7 D,#l%. 617 ?hoever takes part in a duel, that is to say in an armed com#at involving deadly %eapons regulated in advance #y tradition or custom, such as to endanger the life, person or health of the participants, is punisha#le, %hether or not #odily in"ury has #een sustained, %ith simple imprisonment or fine. 6:7 ?here precautions have #een taken to eliminate risk of death, simple imprisonment shall not e(ceed one year, or the fine shall not e(ceed t%o thousand *irr. 6>7 ?here the com#at %as to last until the death of one of the com#atants, the punishment shall #e rigorous imprisonment, %hich shall not e(ceed ten years, %here death actually ensued. 6'7 !n adversary %ho, kno%ingly, infringes the special rules or usages of com#at and, #y this deceit, %ounds or kills the other com#atant, shall #e punished in accordance %ith the general provisions of this Code governing homicide or #odily in"uries. Articl# 3<2.7 D,#llin0$ C"all#n0#/ Incit#m#nt an( Ai(in0. 617 ?hoever challenges another to a duel, transmits such challenge or accepts it, is punisha#le %ith fine, or %here the duel is fought, %ith simple imprisonment not e(ceeding one year.

6:7 ?here the crime is repeated, the punishment shall #e simple imprisonment not e(ceeding three months. 6>7 ?here one of the adversaries %ithdra%s from the contest, or prevents it, of his o%n accord, the Court may e(empt him, or #oth parties, from punishment. 6'7 ?hoever incites another to fight a duel %ith a third person, %hether #y intimidation, #y encouragement, #y sho%ing contempt or other%ise, is punisha#le %ith fine, or, %here the duel is fought, %ith simple imprisonment not e(ceeding one year. 657 )he seconds, %itnesses, mem#ers of the Court of honour, helpers or doctors, appointed to ensure the regularity of the proceeding or to remedy their conse$uences, are not lia#le to punishment unless they have encouraged or incited the adversaries to fight. )he provisions relating to complicity do not apply to them. TITLE II CRIME! A4AIN!T LI ERT@ CHAPTER I CRIME! A4AIN!T PER!ONAL LI ERT@ Articl# 3=0.7 Intimi(ation. ?hoever threatens another %ith danger or in"ury so serious as to induce in him a state of alarm or agitation, is punisha#le, upon complaint, %ith fine not e(ceeding five hundred *irr, or %ith simple imprisonment not e(ceeding si( months. /othing in this !rticle shall prevent the Court from ordering the convicted person to enter a recogni&ance to #e of good #ehaviour 6!rt. 1>57. Articl# 3=1.7 T"r#at o* Acc,%ation or Di%0rac#. ?hoever threatens to lodges a complaint or an accusation or to disclose a fact such as to in"ure the honour or reputation of either the victim or a third party tied to him #y #lood, marriage or affection, and there#y induces such other person to su#mit to a condition or demand contrary to morality, is punisha#le, upon complaint, under the preceding !rticle 6!rt. 59<7. Articl# 3=2.7 Co#rcion. ?hoever resorts to violence or to threats of a serious in"ury to the victim or to a third party tied to him #y #lood, marriage or affection %ithin the meaning of the preceding !rticle, or #y interfering in any other unla%ful or improper %ay %ith the li#erty of action of another, compels him to do a thing or to permit it to

#e done, or to refrain from doing it or from permitting it to #e done, is punisha#le, %here the crime does not come under a more severe specific provision, %ith simple imprisonment not e(ceeding three years, or fine. Articl# 3=-.7 D#+ri.ation o* Po1#r% o* D#ci%ion.

617 ?hoever deprives another against his %ill of his conscious faculties or of his freedom of decision or action, %hether #y hypnotic suggestion, #y the administration of alcohol, or narcotic or psychotropic su#stances, or #y any other means, is punisha#le, upon complaint, %ith simple imprisonment or fine. 6:7 !ccording to the circumstances of the case, this !rticle may #e applied concurrently %ith other relevant provisions 6!rts. 5>:+ 5>'7. Articl# 3=4.7 Com'ination o* Crim#%. ?here the intimidation, violence, coercion or deprivation of freedom of decision has #een used in the commission of, or for the purpose of committing, a crime of %hich such #ehavior is an ingredient, such as ro##ery, e(tortion, #lackmail or rape, the relevant provision is applica#le. Articl# 3=3.7 Ill#0al R#%traint. 617 ?hoever, contrary to la% or %ithout la%ful order, arrests, confines or detains or other%ise restrains the freedom of another, is years. 6:7 )he punishment shall #e rigorous imprisonment not e(ceeding five years %here8 a7 the crime is committed on the false prete(t of mental illness or dangerous condition of the victim5 or #7 the crime persists for more than five days. 6>7 ?here the crime is committed to compel the government, an international organi&ation, a natural or a "uridical person to do or to a#stain from doing an act, #y carrying out threats of endangering the life, person or li#erty of the detainee or of prolonging his detention, the punishment shall #e rigorous imprisonment from five years to ten years. punisha#le %ith simple imprisonment not e(ceeding three

6'7 ?here the crime under su#+article 617 or 6:7 is committed #y a pu#lic servant or official, the special provision of this Code 6!rt. ':>7 shall apply. Articl# 3=:.7 A'(,ction o* Anot"#r. ?hoever a#ducts another #y violence, or commits such an act after having o#tained his consent #y intimidation or violence, trickery or deceit, is punisha#le %ith rigorous imprisonment not e(ceeding seven years. Articl# 3=<.7 A'(,ction o* a 5oman. 617 ?hoever %ith intent to marry a %oman a#ducts her #y violence, or commits such an act after having o#tained her consent #y intimidation, threat, trickery or deceit, is punisha#le %ith rigorous imprisonment from three years to ten years. 6:7 ?here the act of a#duction is accompanied #y rape, the perpetrator shall #e lia#le to the punishment prescri#ed for rape in this Code. 6>7 )he conclusion of a marriage #et%een the a#ductor and the a#ducted su#se$uent to the a#duction shall not preclude criminal lia#ility. 6'7 /othing shall affect the right of the victim to claim compensation under civil la% for the moral and material damage she may have sustained as a result of the a#duction. Articl# 3==.7 A'(,ction o* an Uncon%cio,% or D#*#nc#l#%% 5oman. ?hoever kno%ing her conditions, intentionally carries off an insane, fee#le+minded or retarded %oman, one not fully conscious, or one %ho is incapa#le or has #een rendered incapa#le of defending herself or of offering resistance, is punisha#le %ith rigorous imprisonment from five years to fifteen years. Articl# 3=2.7 A'(,ction o* a Minor. 617 ?hoever a#ducts another #y violence, or commits such an act after having o#tained his consent #y intimidation or violence, trickery or deceit, is punisha#le %ith rigorous imprisonment from five years to fifteen years. 6:7 ?hoever kno%ing his conditions, intentionally carries off an insane, fee#le+minded or retarded minor, one not fully conscious, or one %ho is incapa#le or has #een rendered incapa#le of defending himself or of offering resistance,

is punisha#le %ith rigorous imprisonment from seven years to t%enty years. 6>7 ?hoever carries off, a#ducts or improperly detains an infant or a young person in order to deprive his parents or la%ful guardians of his custody, is punisha#le %ith rigorous imprisonment not e(ceeding five years. 6'7 ?here the criminal returns the minor to his parents or la%ful guardians %ithin thirty days, and %here none of the aggravating circumstances specified in the follo%ing !rticle has o#tained, the punishment shall #e simple imprisonment not e(ceeding one year.

Articl# 320.7 A00ra.ation to t"# Crim#. 617 ?here the intimidation, the coercion, the deprivation of po%ers of decision, the illegal restraint or the a#duction is committed8 a7 %ith intent to take unfair advantage of the victim, or to allo% another to take advantage of him, or to use him for de#auchery or prostitution5 or #7 to e(ploit him or to hold him to ransom5 or c7 in conditions %hich are specially cruel, the crime is aggravated, and the punishment shall #e in accordance %ith the follo%ing provisions. 6:7 )he Court shall pass sentence8 a7 of simple imprisonment from three months to five years in the case of intimidation or coercion 6!rt. 59< to 59:75 #7 of rigorous imprisonment not e(ceeding seven years %here there has #een deprivation of po%ers of decision or illegal restraint 6!rt. 59> and 59575 c7 of rigorous imprisonment from five years to fifteen years in the case of simple a#duction 6!rt. 59A and 59775 d7 of rigorous imprisonment from seven years to t%enty years in the case of the a#duction of an unconscious or defenceless %oman 6!rt. 59975 and e7 of rigorous imprisonment from ten years to t%enty+five years in the case of the a#duction of a minor 6!rt. 5997. Articl# 321.7 !,'%tit,tion o* an In*ant *or Anot"#r an( TaCin0 A1a& o* an In*ant '#lon0in0 to Anot"#r.

617 ?hoever intentionally8 a7 su#stitutes an infant for another5 or #7 takes a%ay, claiming to #e his, an infant %ho %as not #orn of him,

is punisha#le %ith rigorous imprisonment not e(ceeding seven years. 6:7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment not e(ceeding one year. Articl# 322.7 Fail,r# to Pro(,c# a Minor. ?hoever having the custody of a minor refuses to hand him over to the person or institution entitled to his custody either #y la% or #y virtue of a Court order, is punisha#le %ith simple imprisonment not e(ceeding one year, or fine. Articl# 32-.7 A%c#n(ant%A !+#cial Ca%#. ?here the criminal %ho a#ducts 6!rt. 5997 or fails to produce a minor 6!rt. 59:7 is the father or mother, natural or adoptive, or an ascendant of such minor, and %here he has acted %ith the sole intent to secure custody of the child, or from no#le motives, the punishment shall #e, upon complaint, simple imprisonment not e(ceeding three months, or fine not e(ceeding five hundred *irr. Articl# 324.7 A00ra.at#( Ca%#%. ?here the crime under !rticle 59: or 59> has #een committed for the purpose of removing the child to a distance and transplanting him to an environment foreign to his religious convictions or to his deepest feelings, the punishment shall #e simple imprisonment not e(ceeding five years, or fine not e(ceeding ten thousand *irr. Articl# 323.7 Political A'(,ction. 617 ?hoever, after having a#ducted another for a political reason, #y intimidation, trickery, violence or coercion, %ith the intention of endangering his life, person, health or freedom8 a7 persuades him into leaving the country in order to hand him over to an authority, an organi&ation, a group or a political party5 or #7 hands him over to a local group or political party, or c7 causes him to #e isolated from the pu#lic %ithin the country, is punisha#le %ith rigorous imprisonment not e(ceeding fifteen years. 6:7 ?hoever orders or organi&es such a#duction is punisha#le %ith rigorous imprisonment not e(ceeding t%enty years.

Articl# 32:.7 En%la.#m#nt. 617 ?hoever8 a7 forci#ly enslaves another, sells, alienates, pledges or #uys him, or trades or traffics in or e(ploits him in any manner5 or #7 keeps or maintains another in a condition of slavery, even in a disguised form, is punisha#le %ith rigorous imprisonment from five years to t%enty years, and fine not e(ceeding fifty thousand *irr. 6:7 ?hoever, in order to deliver him at his place of destination, carries off or transports a person found in situations stated a#ove, %hether #y land, #y sea or #y air, or conducts or aids such traffic, is lia#le to the punishment under su#+article 617a#ove. 6>7 ?here the crime is committed against children, %omen, fee#le+ minded or sick persons, the punishment shall #e rigorous imprisonment from ten years to t%enty years. Articl# 32<.7 Tra**icCin0 in 5om#n an( C"il(r#n. 617 ?hoever #y violence, threat, deceit, fraud, kidnapping or #y the giving of money or other advantage to the person having control over a %oman or a child, recruits, receives, hides, transports, e(ports or imports a %oman or a minor for the purpose of forced la#our, is punisha#le %ith rigorous imprisonment from five years to t%enty years, and fine not e(ceeding fifty thousand *irr. 6:7 ?hoever kno%ingly carries off, or transports, %hether #y land, #y sea or #y air, the victim mentioned in su#+article 617, %ith the purpose stated therein, or conducts, or aids such traffic, is lia#le to the penalty prescri#ed under su#+article 617 a#ove. Articl# 32=.7 Unla1*,l !#n(in0 o* Et"io+ian% *or 5orC A'roa(.

617 ?hoever, %ithout having o#tained a license or #y any other unla%ful means, sends an thiopian %oman for %ork a#road, is punisha#le %ith rigorous imprisonment from five years to ten years, and fine not e(ceeding t%enty+five thousand *irr. 6:7 ?here the thiopian %oman sent a#road, o%ing to the act mentioned a#ove, suffers an in"ury to her human rights, or to her life, #ody or psychological make+up, the sender shall #e punisha#le %ith rigorous imprisonment from five years to t%enty years, and fine not e(ceeding fifty thousand *irr.

6>7 )he provisions of this !rticle shall apply %here similar acts a(e committed against thiopian men. Articl# 322.7 Partici+ation o* Ill#0al A%%ociation% an( >,ri(ical P#r%on% in Crim#% !+#ci*i#( in t"i% C"a+t#r. 617 ?here the in"ury to li#erty, %hether #y intimidation, trickery, coercion, a#duction, illegal restraint, enslavement, traffic or e(ploitation in one of the a#ove forms stated in this Chapter, is the %ork of an association or #and formed to engage in, or engaging in, the slave trade, no matter in %hat form, such #and or association shall #e punisha#le %ith a fine not e(ceeding one hundred thousand *irr and its dissolution shall #e ordered. )his penalty is %ithout pre"udice to the punishment applica#le to the criminal or criminals on the count of their personal criminal guilt. 6:7 ?here the "uridical person has committed the crime it snail according to the kind and gravity of the crime, #e lia#le to the punishment proscri#ed in !rticle 9< of this Code. Articl# :00.7 D#*a,lt o* !,+#r.i%ion or Control.

617 !n official at any level of the governmental hierarchy %ho fails to take the appropriate measure e(pected of him for the control or prevention of traffic in or e(ploitation of slaves or related activities, %ithin his "urisdiction, is punisha#le %ith a fine %hich, according to the gravity of the case, may #e increased up to the special ma(imum prescri#ed under !rticles 59A+599. 6:7 ?here the crime is committed negligently, the fine shall not e(ceed ten thousand *irr. CHAPTER II CRIME! A4AIN!T OTHER PER!ON!G RI4HT! Articl# :01.7 R#%traint o* t"# Fr## E;#rci%# o* Ci.il Ri0"t%. 617 ?hoever #y intimidation, violence, fraud or any other unla%ful means8 a7 prevents a person from e(ercising his civil rights granted #y the Constitution or other la%s, especially his right as a parent or a guardian, his right to #ring a legal action or to appear #efore the Courts5 or #7 compels him to e(ercise such rights in a particular %ay, is punisha#le %ith simple imprisonment not e(ceeding three years, or fine. 6:7 )he restraint of the free e(ercise of political rights especially the right of voting and election,

is punisha#le under the special provision of this Code 6!rt. 'A77. Articl# :02.7 ?iolation o* t"# Ri0"t o* Fr##(om o* Mo.#m#nt. 617 ?hoever, not #eing authori&ed #y la% so to do, prevents another from moving freely %ithin the territory of thiopia, is punisha#le %ith simple imprisonment or fine. 6:7 ?here the criminal is a pu#lic servant, he shall #e punisha#le under the relevant prolusion of this Code 6!rt. '<77. Articl# :0-.7 ?iolation o* t"# Ri0"t o* Fr##(om to 5orC 617 ?hoever, #y intimidation, violence, fraud or any other unla%ful means, compels another8 a7 to accept a particular employment or particular conditions of employment, or to refuse or %ithhold his la#our, %ith the o#"ect of imposing on an employer #y force the acceptance or modification of terms of employment5 or #7 to "oin a group or association having as its aim the o#"ects mentioned in 6a7, or anyone %ho prevents another from freely leaving such a group or association, is punisha#le, upon complaint, %ith simple imprisonment for not less )han three months, or fine. 6:7 ?here the person or persons causing intimidation or violence %ere carrying ?eapons or other instruments5 or %here the prevention or coercion is the %ork of a large group, the punishment of imprisonment prescri#ed under su#+article 617 shall #e imposed in com#ination %ith fine. Articl# :04.7 ?iolation o* Pri.ac& o* Domicil# or R#%trict#( Ar#a%. 617 ?hoever, in contravention of the la%8 a7 enters, against the %ishes of the la%ful occupant, a house, premises, #oat or any other place used for living in, or a restricted area a#utting on a house or d%elling, or a garden or any other private property5 or #7 forci#ly enters %ithout permission the premises, offices, storehouse or yards of an undertaking, company or #ody corporate, even though not inha#ited5 or c7 having entered %ithout opposition from or %ith the permission of the la%ful occupant, remains there %hen called upon #y him to leave, is punisha#le %ith simple imprisonment not e(ceeding three years, or fine. 6:7 ?here the violation is committed #y a pu#lic servant %ho is not authori&ed to take such action, or %ho does so in violation of legal safeguards and formalities, the special provision 6!rt. '::7 shall apply.

Articl# :03.7 A00ra.ation to t"# Crim#. ?here the crime is committed5 a7 #y carrying %eapons, making use of threats or resorting to violence5 or #7 #y a group of persons acting in common5 or c7 #et%een the hours of si( P2 and si( !2, unless other%ise authori&ed #y la%5 or d7 #y a person holding himself on to #e a pu#lic servant or official, the punishment shall #e rigorous imprisonment not e(ceeding five years. Articl# :0:.7 ?iolation o* t"# Pri.ac& o* Corr#%+on(#nc# or Con%i0nm#nt%. 617 ?hoever, %ithout la%ful authority8 a7 deli#erately learns a#out the contents of or opens a #usiness or private closed or open letter, envelope or correspondence, or accesses electronic, telegram, telephone or telecommunication correspondence, commercial or private closed letter or envelope, or a packet, a sealed parcel or any consignment, %hich is not his5 or #7 having learned of certain facts #y opening, even #y mistake or negligence, such a closed envelope or parcel not addressed to him, divulges such facts or derives a gain therefrom, is punisha#le, upon complaint, %ith a fine not e(ceeding one thousand *irr, or according to the circumstances of the case, %ith simple imprisonment not e(ceeding three months. 6:7 ?hoever intentionally and unla%fully intercepts, destroys, retains or diverts from their true destination such correspondence or packages, is punisha#le upon accusation %ith simple imprisonment not e(ceeding si( months, %here his act does not constitute a specific crime punisha#le more severely. 6>7 /othing shall affect the provisions relating to #reach of official secrecy, unla%ful disposal of o#"ects in charge and appropriation and misappropriation in the discharge of duties #y pu#lic servants 6!rts.>97, '1: and '1>7. TITLE III CRIME! A4AIN!T HONOUR CHAPTER I 4ENERAL PRO?I!ION! Articl# :0<.7 Princi+l#. 617 Crimes against honour or reputation, committed in one of the forms specified in the follo%ing !rticles, are punisha#le no

matter %hat the rank or social status of the criminal or of the in"ured party. )hey may #e committed against individuals, or "uridical persons. In the case of individuals, they may #e committed e$ually against living persons, deceased persons or against persons declared a#sent. 6:7 In determining the punishment for the different crimes, the Court shall take into account the gravity of the crime, the position of the in"ured party and the e(tent of the pu#licity or circulation involved in the crime. Articl# :0=.7 M#an% o* Commi%%ion. In"ury to honour, direct or indirect, can #e committed %hether #y %ord of mouth or #y sound, in %riting, #y image, dra%ing, sign #ehaviour or gesture or #y any other means or other %ay %hatsoever. Indirect means of crime or circulation #y any process of recording reproduction, emission, communication or pro"ection, graphical, visual or aural, rank %ith natural and direct means.

Articl# :0!.7 P,ni%"m#nt to '# im+o%#( 1"#r# t"# Crim# i% Committ#( '& >,ri(ical P#r%on%. 617 )he punishment to #e imposed shall #e a fine %here the crime is committed #y a "uridical person. 6:7 )he penalty to #e inflicted upon the "uridical person under su#+ article 617 shall not prevent the punishment of its directors, managers, inspectors, agents, pro(ies or mem#ers %ho are proved to have committed a crime of the same kind personally. Articl# :10.7 Com+#n%ation. 617 Damages for the material or moral in"ury done to the in"ured party, shall #e fi(ed #y the Court in accordance %ith the general provisions 6!rt. 1<17, having regard to the gravity and e(tent of the crime and to the positions of the criminal and the in"ured party. 6:7 )he moral reparation ordered #y the Court, especially in the form of pu#lication of the "udgment, of a part thereof or of its operative part 6!rt. 1557, shall #e determined in the light of the same considerations, and shall #e adapted to the degree of protection called for in each specific case. Articl# :11.7 Imm,nit&.

2em#ers of the constitutionally esta#lished legislature, e(ecutive or "udiciary are not suscepti#le to legal proceedings on the ground of in"ury to honour done #y information or statements, correct as to form, given or made #y them in conformity %ith their duties and in the regular discharge of their duties. Articl# :12.7 Non7P,ni%"a'l# Comm#nt an( A.#rm#nt% )he follo%ing are not punisha#le as in"ury to honour8 a7 considered opinions and %ell+founded criticism, couched in proper and moderate terms, concerning personal aptitudes or artistic, literary, scientific, professional or social activities, creations or productions5 or #7 averments, statements or comments uttered or repeated #y a pu#lic servant or #y an advocate or attorney, #y an e(pert or %itness, #y a "ournalist or #y any other person acting in good faith in the discharge of his duties, especially #y %ay of investigations, reports or depositions, in the defence #efore court or #efore the administrative authorities, or #y %ay of authori&ed pu#lic information service, %here the alleged facts are germane to and remain %ithin the confines thereof and %here they are not uttered %ith e(press intent to discredit. CHAPTET II !PECIAL PRO?I!ION!A IN>UR@ TO HONOUR Articl# :1-.7 D#*amation an( Cal,mn&. 617 ?hoever, addressing a third party, imputes to another, %ith the intent to in"ure his honour or reputation, an act, a fact or a conduct, %here the allegation accords %ith the truth, is punisha#le, upon complaint, %ith simple imprisonment not e(ceeding si( months, or fine. -tatements made concerning a crime of %hich a person has #een found guilty, has duly served the sentence or has #een granted pardon or amnesty, %ith intent to in"ure his honour or reputation, shall #e considered as defamation and are punisha#le under the preceding !rticle. 6:7 ?here the defamatory imputations or allegations constituting the in"ury to honour or reputation are false and are uttered or spread %ith kno%ledge of their falsity, the criminal is punisha#le upon complaint, for calumny %ith simple imprisonment for not less than one month, and fine. 6>7 ?here the criminal has acted %ith deli#erate intent to ruin the victim,s reputation, he shall #e punished, upon complaint, %ith simple imprisonment for not less than three months, and fine.

6'7 ?here the imputation or allegation is false and made negligently, it is punisha#le, upon complaint, %ith simple imprisonment not e(ceeding one year, or fine. 657 .alse accusation or denunciation to the authorities is punisha#le under the special provision 6!rt. ''77, and is not lia#le to any concurrent penalty. Articl# :14.7 Tr,t"*,l A%%#rtion% an( %a*#0,ar(in0 o* Hi0"#r Int#r#%t E;c#+t#(.

617 ! person charged %ith defamation cannot in general plead in defence that he acted %ithout intent to in"ure, or that he confined himself to repeating even though not #elieving them, allegations emanating from another, or that it %as a matter of common kno%ledge, or that he uttered suspicions or con"ectures. 6:7 ?here the criminal commits the act #y uttering or e(pressing the truth, or having sufficient ground to #elieve that it is true, he shall not #e lia#le to punishment if he can prove that a7 he did not have the intention to in"ure the honour or reputation of another5 or #7 he acted in the pu#lic interest or he %as actuated #y a higher interest or moral aim. 6>7 ?here the criminal is convicted of calumny, he may in no case e(culpate himself #y invoking pu#lic or higher interest. Articl# :13.7 In%,ltin0 #"a.io,r an( O,tra0#.

(cept m cases %here it is punisha#le as a petty offence 6!rt. 9''7, anyone directly addressing the victim, or referring to him, offends him in his honour #y insult or in"ury, or outrages him #y gesture or in any other manner, is punisha#le, upon complaint, %ith simple imprisonment not e(ceeding three months, or fine not e(ceeding three hundred *irr. Articl# :1:.7 Pro.ocation an( R#taliation 617 )he Court may impose no punishment %here a person charged %ith insulting #ehaviour or outrage has #een provoked or carried a%ay #y an attitude, conduct or acts, even to%ards a third party, %hich are manifestly so shocking, offensive or reprehensi#le as to make his act e(cusa#le.

6:7 ?here the in"ured party has at once replied to an insult or outrage in kind, the Court may, according to the circumstances, e(empt from punishment #oth criminate or one of them. Articl# :1<.7 5it"(ra1al an( R#+#ntanc#.

617 ?here, during proceedings, a person charged %ith an in"ury to honour %ithdra%s his allegations and e(presses his regrets, either in %riting or orally #efore the Court, the Court may mitigate the penalty 6!rt. 1797. 6:7 )he Court shall in all cases deliver formal attestation of the %ithdra%al to the interested party, for all appropriate purposes. Articl# :1=.7 !+#cial Ca%#% A00ra.atin0 t"# Crim#. 617 ?here the defamation or calumny, insult or outrage, has #een deli#erately committed against a pu#lic servant in the discharge of his official duty, or in relation thereto, the criminal is punisha#le, upon complaint8 a7 %ith simple imprisonment not e(ceeding si( months, and fine not e(ceeding one thousand *irr in cases of insult or outrage5 #7 %ith simple imprisonment from one month to one year, and fine in cases of defamation5 or c7 %ith simple imprisonment for not less than three months, and fine in cases of calumny5 or d7 %ith simple imprisonment for not less than si( months, and fine, in cases of deli#erate act to ruin the victim,s reputation. 6:7 /othing in this !rticle shall affect the special provisions relating to in"ury to the honour of the -tate 6!rt. :''7, to insults to foreign -tates and inter+-tate institutions 6!rt. :A' and :AA7, to insults to a military superior 6!rt. :977 and to contempt of Court 6!rt.''97. Articl# :12.7 Proc##(in0% in R#%+#ct o* In8,r& to t"# Hono,r o* A'%#nt or D#c#a%#( P#r%on%. 617 ?here any of the in"uries to honour punisha#le under this Chapter relates to a deceased person or to a person legally declared a#sent, the right to lodge a complaint lies e(clusively %ith his descendants, natural or adopted, and %ith his spouse, or, in their default, %ith his ascendants, natural or legal, and %ith his #rothers and sisters. 6:7 4imitation of the action, in respect of in"ury to private honour, is regulated #y the general provisions. ?here the allegations constituting the in"ury to the memory of the person affected refer to a pu#lic activity of any kind %hich has passed into the historical, artistic, literary or scientific

domain, the complaint shall not #e admissi#le if, at the time %hen the incriminating act is committed, at least thirty years have passed since the death of the in"ured person or since he %as legally declared a#sent.

TITLE I? CRIME! A4AIN!T MORAL! AND THE FAML@ CHAPTER I CRIME! A4AIN!T MORAL !#ction I.7 In8,r& to !#;,al Li'#rt& an( C"a%tit& Articl# :20.7 Ra+#. 617 ?hoever compels a %oman to su#mit to se(ual intercourse outside %edlock, %hether #y the use of violence or grave intimidation, or after having rendered her unconscious or incapa#le of resistance, is punisha#le %ith rigorous imprisonment from five years to fifteen years. 6:7 ?here the crime is committed8 a7 on a young %oman #et%een thirteen and eighteen years of age5 or #7 on an inmate of an alms+house or asylum or any esta#lishment of health, education, correction, detention or internment %hich is under the direction, supervision or authority of the accused person, or on anyone %ho is under the supervision or control of or dependant upon him5 or c7 on a %oman incapa#le of understanding the nature or conse$uences of the act, or of resisting the act, due to old+ age, physical or mental illness, depression or any other reason5 or d7 #y a num#er of men acting in concert, or #y su#"ecting the victim to act of cruelty or sadism, the punishment shall #e rigorous imprisonment from five years to t%enty years. 6>7 ?here the rape has caused grave physical or mental in"ury or death, the punishment shall #e life imprisonment. 6'7 ?here the rape is related to illegal restraint or a#duction of the victim, or %here communica#le disease has #een transmitted to her, the relevant provisions of this Code shall apply concurrently. Articl# :21.7 Com+#llin0 a Man to !#;,al Int#rco,r%#.

! %oman %ho compels a man to se(ual intercourse %ith herself, is punisha#le %ith rigorous imprisonment not e(ceeding five years. Articl# :22.7 !#;,al O,tra0#% Accom+ani#( '& ?iol#nc#. ?hoever, #y the use of violence or grave intimidation, or after having in any other %ay rendered his victim incapa#le of offering resistance, compels a person of the opposite se(, to perform or to su#mit to an act corresponding to the se(ual act, or any other indecent act, is punisha#le %ith simple imprisonment for not less than one year, or rigorous imprisonment not e(ceeding ten years. Articl# :2-.7 !#;,al O,tra0#% on Uncon%cio,% or D#l,(#(. P#r%on%/ or on P#r%on% Inca+a'l# o* R#%i%tin0. ?hoever, kno%ing of his victim,s incapacity, #ut %ithout using violence or intimidation, performs se(ual intercourse, or commits a like or any other indecent act, %ith an idiot, %ith a fee#le+ minded or retarded, insane or unconscious person, or %ith a person %ho is for any other reason incapa#le of understanding the nature or conse$uences of the act, is punisha#le, according to the circumstances of the case, %ith simple imprisonment for not less than one year, or %ith rigorous imprisonment not e(ceeding fifteen years. Articl# :24.7 !#;,al O,tra0#% on P#r%on% in Ho%+ital/ Int#rn#( or Un(#r D#t#ntion. ?hoever, #y taking advantage of his position, office or state, has se(ual intercourse or performs an act corresponding to the se(ual act or any other indecent act %ith an inmate of a hospital, an alms+house or an asylum, or any esta#lishment of education, correction, internment or detention, %ho is under his direction, supervision or authority, is punisha#le, according to the circumstances of the case, %ith simple imprisonment for not less than one year, or %ith rigorous imprisonment not e(ceeding fifteen years. Articl# :23.7 TaCin0 A(.anta0# o* t"# Di%tr#%% or D#+#n(#nc# o* a 5oman. ?hoever, apart from the cases specified in the preceding !rticle, procures from a %oman se(ual intercourse or any other indecent act #y taking advantage of her material or mental distress or of the authority he e(ercises over her #y virtue of his position, function or capacity as protector, teacher, master or employer, or #y virtue of any other like relationship,

is punisha#le, upon complaint, %ith simple imprisonment. Articl# :2:.7 !#;,al O,tra0#% on Minor% '#t1##n t"# A0#% o*T"irt##n an( Ei0"t##n @#ar%. 617 ?hoever performs se(ual intercourse %ith a minor of the opposite se(, %ho is #et%een the ages of thirteen and eighteen years, or causes her to perform such an act %ith her, is punisha#le %ith rigorous imprisonment from three years to fifteen years. 6:7 ! %oman %ho causes a male minor #et%een the ages of thirteen and eighteen years, to perform se(ual intercourse %ith her, is punisha#le %ith rigorous imprisonment not e(ceeding seven years. 6>7 ?hoever performs an act corresponding to the se(ual act or any other indecent act upon a minor, of the opposite se( %ho is #et%een the ages of thirteen and eighteen years, induces him to perform such an act, or deli#erately performs such an act in his presence, is punisha#le %ith simple imprisonment not less than three months or %ith rigorous imprisonment not e(ceeding five years. 6'7 ?here the victim is the pupil, apprentice, domestic servant or %ard of the criminal, or a child entrusted to his custody or care, or in any other %ay directly dependant upon or su#ordinate to him, the punishment shall #e8 a7 %ith rigorous imprisonment from five years to t%enty years in respect of the crime specified in su#+articleD 617 a#ove5 #7 %ith rigorous imprisonment from three years to ten years in respect of the crime specified in su#+article 6:7 a#ove5 or c7 %ith rigorous imprisonment not e(ceeding seven years in respect of the crime specified in su#+article 6>7 a#ove. 657 ?here the se(ual outrage has caused grave #odily or mental in"ury to or death of the victim, the relevant provision of this Code shall apply concurrently.

Articl# :2<.7 !#;,al O,tra0#% Committ#( on In*ant%. 617 ?hoever performs se(ual intercourse %ith a minor of the opposite se(, %ho is under the age of thirteen years, or causes her to perform such an act %ith her, is punisha#le %ith rigorous imprisonment from thirteen years to t%enty+five years.

6:7 ! %oman %ho causes a male minor under the age of thirteen years, to perform se(ual intercourse %ith her, is punisha#le %ith rigorous imprisonment not e(ceeding ten years. 6>7 ?hoever performs an act corresponding to the se(ual act or any other indecent act upon a minor, of the opposite se( %ho is under age of thirteen years, induces him to perform such an act, or deli#erately performs such an act in his presence, is punisha#le %ith rigorous imprisonment not years. 6'7 ?here the victim is the pupil, apprentice, domestic servant or %ard of the criminal, or a child entrusted to his custody or care, or in any other %ay directly dependant upon or su#ordinate to him, a7 in respect of the crime prescri#ed in su#+article 617 a#ove the punishment shall #e more severe on such a person than %hen it is committed #y other persons5 #7 in respect of the crime prescri#ed in su#+article 6:7 a#ove the punishment shall #e rigorous imprisonment from three years to fifteen years. c7 in respect of the crime prescri#ed in su#+article 6>7 a#ove the punishment shall #e rigorous imprisonment from three years to fifteen years. 657 ?here the se(ual outrage has caused grave #odily or mental in"ury to or death of the victim, the punishment shall #e rigorous imprisonment for life. Articl# :2=.7 Ot"#r 4ro,n(% A00ra.atin0 t"# Crim#. In all cases involving rape or se(ual outrage 6!rts. A:<+A:77, the punishment shall #e rigorous imprisonment from five years to t%enty+five years, %here the relevant provision does not prescri#e a more severe penalty8 a7 %here the victim #ecomes pregnant5 or #7 %here the criminal transmits to the victim a venereal disease %ith %hich he kno%s himself to #e infected5 or c7 %here the victim is driven to suicide #y distress, an(iety, shame or despair. !#ction II.7 !EDUAL DE?IATION! Articl# :22.7 Homo%#;,al an( ot"#r In(#c#nt Act%. ?hoever performs %ith another person of the same se( a homose(ual act, or any other indecent act, is punisha#le %ith simple imprisonment. e(ceeding ten

Articl# :-0.7 4#n#ral A00ra.ation to t"# Crim#. 617 )he punishment shall #e simple imprisonment for not less than one year, or, in grave cases, rigorous imprisonment not e(ceeding ten years, %here the criminal8 a7 takes unfair advantage of the material or mental distress of another or of the authority he e(ercises over another #y virtue of his position, office or capacity as guardian, tutor, protector, teacher, master or employer, or #y virtue of any other like relationship, to cause such other person to perform or to su#mit to such an act5 or #7 makes a profession of such activities %ithin the meaning of the la% 6!rt. 9:7. 6:7 )he punishment shall #e rigorous imprisonment from three years to fifteen years, %here8 a7 the criminal uses violence, intimidation or coercion, trickery or fraud, or takes unfair advantage of the victim,s ina#ility to offer resistance or to defend himself or of his fee#le+mindedness or unconsciousness5 or #7 the criminal su#"ects his victim to acts of cruelty or sadism, or transmits to him a venereal disease %ith %hich he kno%s himself to #e infected5 or c7 the victim is driven to suicide #y distress, shame or despair. Articl# :-1.7 Homo%#;,al an( Ot"#r In(#c#nt Act% P#r*orm#( on Minor%. 617 ?hoever performs a homose(ual act on a minor, is punisha#le8 a7 %ith rigorous imprisonment from three years to fifteen years, %here the victim is #et%een the ages of thirteen and eighteen years5 or b) %ith rigorous imprisonment from fifteen years to t%enty+ five years, %here the victim is #elo% thirteen years of age. 6:7 ! %oman %ho performs a homose(ual act on a female minor, is punisha#le %ith rigorous imprisonment not e(ceeding ten years. 6>7 ?hoever performs any other indecent act on a minor of the same se(, is punisha#le %ith simple imprisonment. 6'7 ?here the victim is the pupil, apprentice, domestic servant or %ard of the criminal, or a child entrusted to his custody or care, or in any other %ay directly dependant upon or su#ordinate to him8 a7 in the case of su#+article 617 the punishment to , #e imposed upon such criminal shall #e more severe than %hen the crime is committed #y another person5 #7 #7 in the case of su#+article 6:7 the punishment shall #e rigorous imprisonment from three years to ten years5

c7 in the case of su#+article 6>7 the punishment shall #e simple imprisonment for not less than si( months. 657 ?here the se(ual outrage has caused death or grave physical or mental in"ury upon the victim, or %here the victim is driven to suicide #y distress, shame or despair, the punishment shall #e rigorous imprisonment for life. Articl# :-2.7 Partici+ation o* a >,ri(ical P#r%on in !#;,al O,tra0#% Committ#( on Minor%. ?here an official or employee of a "uridical person or any other person commits one of the crimes in the provision of !rticles A:A+A:9 and A>1 on a minor living in an institution esta#lished for the purpose of up#ringing, educating, training or in any other %ay taking care of children, and %here the operation or administration of such "uridical person has created a favoura#le condition for the commission of such crimes, or %here the crime is committed #ecause the "uridical person has not provided sufficient safeguard, the "uridical person shall #e punisha#le in accordance %ith !rticle 9< of this Code according to the kind and gravity of each crime. Articl# :--.7 !#;,al Int#rco,r%# 1it" an Animal. ?hoever performs se(ual intercourse punisha#le %ith simple imprisonment. %ith an animal, is

!#ction III.7 EDPLOITATION OF THE IMMORALIT@ OF OTHER! Articl# :-4.7 Ha'it,al E;+loitation *or P#c,niar& 4ain. ?hoever, for gain, makes a profession of or lives #y procuring or on the prostitution or immorality of another, or maintains, as a landlord or keeper, a #rothel, is punisha#le %ith simple imprisonment and fine. Articl# :-3.7 Tra**ic in 5om#n an( Minor%. ?hoever, for gain, or to gratify the passions of another8 a7 traffics in %omen or minors, %hether #y seducing them, #y enticing them, or #y procuring them or other%ise inducing them to engage in prostitution, even %ith their consent5 or b) keeps such a person in a #rothel to let him out to prostitution, is punisha#le %ith rigorous imprisonment not e(ceeding five years, and fine not e(ceeding ten thousand *irr, su#"ect to the application of more severe provisions, especially %here there is concurrent illegal restraint. Articl# :-:.7 A00ra.ation to t"# Crim#.

In cases of professional procuring or traffic in persons, rigorous imprisonment shall #e from three years to ten years, and the fine shall not e(ceed t%enty thousand *irr %here8 a7 the victim is a minor5 or #7 the victim is the %ife or a descendant criminal, his adopted child or the child of his spouse, his #rother or his sister, or his %ard, or %here the victim has #een entrusted, on any ground %hatsoever, to his custody or care5 or c7 the criminal has taken unfair advantage of the material or mental distress of his victim, or of his position as protector, employer, teacher, landlord or creditor, or of any other like situation5 or d7 the criminal has made use of trickery, fraud, violence, intimidation, coercion, or %here he has misused his authority over the victim5 or e7 the victim is intended for a professional procurer, or has #een taken a#road or %here the victim,s %herea#outs or place of a#ode cannot #e esta#lished5 or f7 the victim has #een driven to suicide #y shame, distress or despair. Articl# :-<.7 Or0aniBation o* Tra**ic in 5om#n an( Minor%. ?hoever makes arrangements or provisions of any kind for the procurement of or traffic in %omen or minors, is punisha#le %ith simple imprisonment, or according to the circumstances of the case, especially %here a professional procurer is involved or %here the arrangements are fully made and intended to apply to many victims, %ith rigorous imprisonment not e(ceeding three years, and a fine %hich shall #e not less than five hundred *irr in grave cases. Articl# :-=.7 Criminal Lia'ilit& o* a >,ri(ical P#r%on.

?here a "uridical person takes part in the crimes specified in this -ection, it shall #e punisha#le in accordance %ith !rticle 9<6>7 of this Code, depending on the nature of the crime and the circumstances of the case. !#ction I?.7 CRIME! TENDIN4 TO CORRUPT MORAL! Articl# :-2.7 P,'lic In(#c#nc& an( O,tra0#% a0ain%t Moral%. 617 ?hoever, in a pu#lic place or in sight of the pu#lic, deli#erately performs the se(ual act or any other o#scene act or gesture grossly offensive to decency or morals, is punisha#le %ith simple imprisonment from three months to one year, or fine not e(ceeding one thousand *irr.

6:7 ?here the criminal has kno%ingly performed the act in the presence of a minor, the punishment shall #e simple imprisonment from si( months to five years. Articl# :40.7 617 ?hoever8 a7 makes, imports or e(ports, transports, receives, possesses, displays in pu#lic, offers for sale or hires, distri#utes or circulates %ritings, images. posters, films or other o#"ects %hich are o#scene or grossly indecent, or in any other %ay traffics or trades in them5 or #7 advertises, indicates or makes kno%n, #y any means, ho% or from %hom such o#"ects may #e procured or circulated, either directly or indirectly, is punisha#le %ith simple imprisonment for not less than si( months, and fine, %ithout pre"udice to the forfeiture and destruction of the incriminating material. 6:7 -imple imprisonment shall #e for not less than one year, and the fine shall not e(ceed ten thousand *irr, %here the criminal8 a7 ha#itually engages in or carries on such traffic5 #7 kno%ingly e(hi#its, hands over or delivers such o#"ects to a minor5 or c7 for this purpose displays a simulation of se(ual intercourse #y minors or e(hi#its their genitals, Articl# :41.7 O'%c#n# or In(#c#nt P#r*ormanc#%. )he punishments specified in the preceding !rticle are applica#le to anyone %ho organi&es or gives pu#lic auditions or performances, in a theatre or in a cinema, #y pro"ection or #y radio or television #roadcast, #y video, or in any other %ay, %hich are o#scene or grossly indecent. Articl# :42.7 La1*,l 5orC%. ?orks or o#"ects purely artistic, literary or scientific in character, %hich are not calculated to inflame erotic feelings or lust, are not held to #e o#scene or indecent. Articl# :4-.7 In(#c#nt P,'licit& an( A(.#rti%#m#nt%. 617 ?hoever displays in pu#lic indecent or immoral o#"ects, products or %orks, is punisha#le %ith simple imprisonment for not less than one month, and fine. 6:7 ?hoever sends #y any means such things to persons not having solicited them or having no professional interest in them, O'%c#n# or In(#c#nt P,'lication%.

is punisha#le, upon complaint, %ith a fine not e(ceeding five hundred *irr, or %ith simple imprisonment.

Articl# :44.7 Prot#ction o* Minor%. ?hoever, for gain or to provoke8 a7 pu#licly displays #y video, or in a shop %indo%, in a #ooth or in any other place visi#le from %ithout, %ritings, images or o#"ects such as to stimulate unduly, to pervert or to misdirect the se(ual instinct, or to arouse or to stimulate unduly #rutal or #loodthirsty instincts, or anti+social feelings or feelings %hich are inimical to the family spirit, in minors5 or #7 kno%ingly offers, lends, gives or sells such o#"ects, images or %ritings to a minor, is punisha#le %ith simple imprisonment from si( months to three years, and fine, %ithout pre"udice to the forfeiture of the incriminating material %here appropriate. Articl# :43.7 Criminal Lia'ilit& o* a >,ri(ical P#r%on. ?here a "uridical person takes part in the crimes specified in this -ection, it shall #e punisha#le in accordance %ith !rticle 9<6>7 of this Code, depending on the nature of the crime and the circumstances of the case. CHAPTER II CRIME! A4AIN!T THE FAMIL@ !#ction I.7 CRIME! A4AIN!T THE IN!TITUTION OF MARRIA4E Articl# :4:.7 Fra,( an( D#c#it in Marria0#. 617 ?hoever intentionally, in contracting or in order to contract a marriage, conceals from his spouse a fact that %ould annul or invalidate the marriage on one of the grounds specified #y la%, is punisha#le %ith simple imprisonment not e(ceeding t%o years, or fine not e(ceeding five thousand *irr. 6:7 ?hoever procures a marriage #y means of intentional misrepresentation, error, fraud or deceit in respect of his identity,

is punisha#le, upon complaint, %ith simple imprisonment not e(ceeding one year, or fine not e(ceeding one thousand *irr. Articl# :4<.7 !ol#mniBin0 or Contractin0 an Unla1*,l Marria0#. 617 ?hoever intentionally solemni&es a marriage for#idden #y la%, is punisha#le %ith simple imprisonment not e(ceeding three years, or fine not e(ceeding five thousand *irr. 6:7 ?hoever contracts, permits or #ecomes a %itness to a marriage for#idden #y la%, is punisha#le under the provisions of su#+article 617 of this !rticle. 6>7 ?here the crime specified under su#+article 617 or 6:7 of this !rticle is committed negligently, the punishment shall #e simple imprisonment not e(ceeding three months, or fine. Articl# :4=.7 Earl& Marria0#. ?hoever concludes marriage %ith a minor apart from circumstances permitted #y relevant .amily Code is punisha#le %ith8 a7 rigorous imprisonment not e(ceeding three years, %here the age of the victim is thirteen years or a#ove5 or #7 rigorous imprisonment not e(ceeding seven years, %here the age of the victim is #elo% thirteen years. Articl# :42.7 5"#r# !ol#mniBation or Concl,%ion o* an Unla1*,l Marria0# i% not P,ni%"a'l#. /o proceedings may #e instituted under !rticle A'A or A'7, unless the marriage has #een annulled. Articl# :30.7 i0am&.

617 ?hoever, #eing tied #y the #ond of a valid marriage, intentionally contracts another marriage #efore the first union has #een dissolved or annulled, is punisha#le %ith simple imprisonment, or, in grave cases, and especially %here the criminal has kno%ingly misled his partner in the second union as to his true state, %ith rigorous imprisonment not e(ceeding five years.

6:7 !ny unmarried person %ho marries another he kno%s to #e tied #y the #ond of an e(isting marriage, is punisha#le %ith simple imprisonment. 6>7 4imitation of criminal proceedings is suspended until such time as one of the t%o marriages shall have #een dissolved or annulled. Articl# :31.7 E;c#+tion. )he preceding !rticle shall not apply %here #igamy is committed in conformity %ith religious or traditional practices recogni&ed #y la%. Articl# :32.7 A(,lt#r&. 617 ! spouse #ound #y a union recogni&ed under civil la% %ho commits adultery, is punisha#le, upon complaint #y the in"ured spouse, %ith simple imprisonment or fine. )he same punishment shall apply to the partner %ho commits adultery %ith a person %hom he kno%s to have a valid marriage. ?here the complainant has provoked the adultery consented to it, condoned it or derived profit from it no proceedings shall follo%. 6:7 )he Court may mitigate the punishment 6!rt. 19<7 %here, at the time at %hich the adultery %as committed, the t%o spouses had already ceased to coha#it. 6>7 ?here the criminal installs a concu#ine in the con"ugal home %hile not divorced or a#andoned #y his spouse, simple imprisonment shall #e for not less than three months. Articl# :3-.7 D#at" o* Com+lainant. ?here the in"ured party dies #efore lodging his complaint, the criminal shall not #e su#"ect to criminal lia#ility. ?here criminal proceedings have #een instituted upon complaint and %here the criminal has #een sentenced to imprisonment, the Court may, %hether the victim has died or not, order the termination of the punishment of deprivation of li#erty #y a decision stating the reasons thereof, %here the circumstances, especially the convicted person,s lia#ilities as head of a family or as the person supporting it, "ustify such a course. !ECTION II.7 !EDUAL CRIME! Articl# :34.7 Inc#%t. ET5EEN RELATI?E!

Performance of the se(ual act, intentionally, #et%een persons %hose marriage is for#idden #y the relevant la% on the grounds of #lood relationship, is punisha#le, according to the circumstances, and %ithout pre"udice to the deprivation of family rights of the criminal, %ith simple imprisonment for not less than three months, or %ith rigorous imprisonment not e(ceeding three years. Articl# :33.7 In(#c#nt #"a.ior '#t1##n R#lati.#%.

!cts corresponding to the se(ual act or other indecent acts #et%een persons related #y #lood, are punisha#le %ith simple imprisonment not e(ceeding si( months. !#ction III.7 CRIME! A4AIN!T COMPUL!OR@ RE4I!TRATION AND FAMIL@ DUTIE! Articl# :3:.7 Omi%%ion to R#0i%t#r t"# R#+ort it% A'an(onm#nt. 617 ?hoever fails to declare the #irth of an infant, as prescri#ed #y la%, to the officer of civil status, i% +,ni%"a'l# 1it" a *in# not #;c##(in0 *i.# ",n(r#( irr/ or %im+l# im+ri%onm#nt not #;c##(in0 on# mont". 6:7 ?hoever, finding a ne%#orn infant a#andoned, fails to report it to the appropriate authority, is lia#le to the same punishment. Articl# :3<.7 Fal%# R#0i%tration/ !,++o%ition an( !,'%tit,tion irt" o* an In*ant or to

o* In*ant%. 617 ?hoever suppresses or falsifies a fact to #e entered into the register of the civil status of another, especially #y registering or causing to #e registered a false declaration concerning the identity or #irth of an infant, is punisha#le %ith simple imprisonment. 6:7 In cases entailing or likely to entail grave foreseea#le conse$uences, especially in the case of registration #y su#stituting one infant for another, t"# +,ni%"m#nt %"all '# ri0oro,% im+ri%onm#nt not #;c##(in0 *i.# &#ar%. Articl# :3=.7 Fail,r# to Maintain. ?hoever, %ithout good cause8

a7 refuses or omits to provide maintenance %hich he o%es, #y virtue of la%, to entitled persons, even to a spouse %ho #rought action for divorce, until such divorce is pronounced5 or #7 fails to meet the financial o#ligations he has incurred, #y virtue of la% or formal undertaking, to%ards a %oman %hom he has made pregnant out of %edlock, or to%ards a person %ith %hom he has lived in an irregular union, is punisha#le, upon complaint, %ith fine, or %ith simple imprisonment not e(ceeding si( months. Articl# :32.7 Fail,r# to rin0 ,+.

617 ! parent or other person e(ercising the authority of guardian or tutor, %ho, for gain or in dereliction of his duty5 a7 grossly neglects the children under his charge and a#andons them %ithout due care and attention or to moral or physical danger5 or #7 entrusts a child for a long time to a person, an organi&ation or an institution %ith %hom or %here he kno%s, or could have foreseen, that it %ill #e reduced to physical or moral destitution, or %ill #e physically or psychologically endangered, is punisha#le %ith simple imprisonment or fine. In grave cases, the Court may in addition deprive the criminal of his family rights. 6:7 ?here the child has suffered in"ury, %hether foreseen or calculated, %hether #y a#use of the right to administer chastisement or through ill+treatment, the relevant provision in this Code shall apply concurrently 6!rt. A>7. CHAPTER III COMMON PRO?I!ION! Articl# ::0.7 Conc,rr#nc# o* Crim#%. 617 In cases %here crimes against the institution of marriage 6!rts. A'9, A'9 or A5:7, and those against kinship 6!rt. A5'7, are committed simultaneously, the relevant provisions shall apply concurrently. 6:7 ?here crime against se(ual li#erty 6!rts. A:< and A:1, A:> + A:A, A:9 and A>97 is committed simultaneously %ith the crime against kinship 6!rt. A5'7, the relevant provisions shall apply concurrently. 6>7 In cases %here a crime of indecent #ehaviour #et%een relatives 6!rt, A557, is committed simultaneously %ith a crime against chastity 6!rts. A:: + A:5, A:7 and A:9, A:9+A>1, and A>97, the relevant provisions shall apply concurrently. Articl# ::1.7 Criminal Lia'ilit& o* a Minor.

617 ?here the victim to se(ual outrage, to an act against chastity or to an unnatural carnal crime is a minor, he shall not #e lia#le to punishment. !ppropriate measures for his proper up#ringing and protection may #e applied. 6:7 )he general provisions of this Code 6!rts. 5:+5A7 shall apply to a minor %ho commits a crime against other persons. OO6 ?I CRIME! A4AIN!T PROPERT@ TITLE I CRIME! A4AIN!T RI4HT! IN PROPERT@ CHAPTER I 4ENERAL PRO?I!ION! Articl# ::2.7 Princi+l#%. 617 !ny interference %ith property and economic rights or rights capa#le of #eing calculated in money forming a part of the property of another shall #e punished in accordance %ith the follo%ing provisions, e(cept %here the interference is of such minor importance as to #e su#"ect to the provisions and sanctions regarding petty offences. 6:7 -tate, pu#lic and private properties are protected under this Code. Damage to rights in property %ithin the meaning of this Code is constituted #y any in"ury or pre"udice suffered in comparison %ith the normal situation in the a#sence of the crime. Articl# ::-.7 Pr#%,m+tion o* Unla1*,l or Un8,%ti*ia'l# Enric"m#nt. 617 ?here the la% re$uires, in order that there #e a crime, that the criminal shall have acted %ith intent to o#tain for himself or to procure for a third person an unla%ful enrichment, there is a presumption that the act %as done in order to o#tain or procure a #enefit or an un"ustifia#le advantage. 6:7 In such event, the crime is completed torn the time %hen such special intent, "oined to the material elements, is proved, not%ithstanding that the intended enrichment has not taken place. 1epayment or the making good of the damage, even if unsolicited, after such time, does not vitiate the crime, #ut the Court may take account thereof in determining the sentence 6!rt. 79 6e77. Articl# ::4.7 Proc##(in0% in t"# E.#nt o* a Crim# 1it"in t"# Famil&.

617

(cept in the cases of crimes involving violence or coercion, such as ro##ery, e(tortion or #lackmail, %here a crime has #een committed8 a7 #et%een an ascendant and a descendant, natural or adoptive, #et%een spouses not separated, #et%een a step+ parent and step+child %hile the marriage e(ists, #et%een si#lings of the %hole #lood or of the half #lood5 or #7 #7 #y relatives living %ith the victim, proceedings may only #e taken upon the complaint of the victim.

6:7 )he a#sence of a complaint #y the victim shall not act as a #ar to proceedings against participants in a crime not covered #y the personal relations as defined a#ove 6!rt. '17.

CHAPTER III CRIME! A4AIN!T RI4HT! IN PROPERT@ !#ction I.7 CRIME! IN?OL?IN4 FRAUD Articl# :22.7 Fra,(,l#nt Mi%r#+r#%#ntation. 617 ?hoever, %ith intent to o#tain for himself or to procure for a third person an unla%ful enrichment, fraudulently causes a person to act in a manner pre"udicial to his rights in property, or those of a third person, %hether such acts are of commission or omission, either #y misleading statements, or #y misrepresenting his status or situation or #y concealing facts %hich he had a duty to reveal, or #y taking advantage of the person,s erroneous #eliefs, is punisha#le %ith simple imprisonment, or, according to the gravity of the case, %ith rigorous imprisonment not e(ceeding five years, and fine. 6:7 Petty deceit in order to o#tain an un"ustifia#le enrichment, such as filching and the fraudulent o#taining of #enefits is lia#le to the punishments regarding petty offences 6!rt. 959 and 9597. Articl# :2-.7 Dra1in0 o* C"#9,# 1it"o,t Co.#r. 617 ?hoever intentionally dra%s a che$ue %ithout cover or kno%s that there %ill not #e full cover at the time of presentment for payment, is punisha#le %ith simple imprisonment, or according to the gravity of the case, %ith rigorous imprisonment not e(ceeding ten years, and fine. 6:7 ?here the act is committed negligently, the punishment shall #e fine, or simple imprisonment not e(ceeding one year.

Articl#

:24.7

Fra,(,l#nt Mani+,lation Tran%action%.

o*

!tocC

E;c"an0#

?hoever, through the facility of a stock e(change market or other market, %ith intent to create a false or misleading appearance of active pu#lic trading in a security or %ith respect to the market price of a security8 a7 effects a transaction in the security that involves no change in the #eneficial o%nership thereof5 or #7 enters an order for the purchase of the security, kno%ing that the security has #een purchased #y the same or different persons at su#stantially the same si&e, at su#stantially the same time, at su#stantially the same price, or an order for such purchase of the security has #een or %ill #e entered #y or for the same or different persons5 or c7 enters an order for the sale of the security, kno%ing that the security has #een sold #y the same or different persons at su#stantially the same si&e, at su#stantially the same time, at su#stantially the same price or an order for such sale of the security has #een or %ill #e entered #y or for the same or different persons, is punisha#le %ith simple imprisonment, or, in serious cases, %ith rigorous imprisonment not e(ceeding five years. Articl# :23.7 4amin0 in !tocC% or M#rc"an(i%#. ?hoever, %ith intent to make gain or profit #y the rise or fall in price of the stock goods or merchandise of a registered or unregistered company or other undertaking, %hether in or outside the country, makes or signs any contract, oral or %ritten, purporting to #e for the sale or purchase of shares of stocks, goods or merchandise, %ithout the #ona fide intention of ac$uiring or selling such things, is punisha#le %ith simple imprisonment, or, in serious cases, %ith rigorous imprisonment not e(ceeding five years. Articl# :2:.7 A00ra.at#( Fra,(,l#nt i% r#+r#%#ntation. )he punishment shall #e rigorous imprisonment not e(ceeding fifteen years, and fine not e(ceeding fifty thousand *irr8 a7 %here 6he criminal en"oys a position of trust as defined in !rticle A7A617 and 6:76a75 or #7 %here the criminal issues an offer for pu#lic su#scription, or sells for himself, for his o%n organi&ation or for an organi&ation in %hich he is a shareholder shares, de#entures, #onds or security of any kind in an association, #anking or commercial organi&ation, stock market or industrial firm5 or c7 %here the crime is committed against pu#lic administrations or services.

Articl# :2<.7 Ot"#r Crim#%. ?here there is a crime, other than those mentioned a#ove, defined in a proclamation or regulation relating to shares, merchandise, documents, #onds or securities of any kind, the punishment shall, unless other%ise #e provided, simple imprisonment, or, in serious cases, rigorous imprisonment not e(ceeding five years. Articl# :2=.7 Fra,(,l#nt Act% R#latin0 to In%,ranc#. 617 ?hoever, %ith intent to o#tain for himself or to procure for a third person an unla%ful enrichment, deceives an insurance company8 a7 #y creating the risk insured5 or #7 #y concealing, misrepresenting, affirming or falsely declaring a fact relating to the amount, duration or #eneficiaries of the insurance, in a manner affecting the interest stated in the contract, or c7 in any other %ay commits a fraudulent act in connection %ith insurance activity, is punisha#le %ith simple imprisonment, or, in more serious cases, %ith rigorous imprisonment not e(ceeding five years, and fine not e(ceeding fifty thousand *irr. 6:7 ?here a "uridical person commits the crime it shall #e punisha#le in accordance %ith the provisions of !rticle 9< of this Code. Articl# :22.7 Mi%r#+r#%#ntation '& For0#r&.

?here there is misrepresentation, of any kind, committed #y means of a forgery, the relevant provisions shall apply concurrently. Articl# <00.7 Mi%r#+r#%#ntation '& Fra,(,l#nt E;+loitation o* P,'lic Cr#(,lit&. 617 ?hoever, for gain, deceives another #y means such as invoking spirits, magic or sorcery, consulting horoscopes or astrology, #y interpretation of dreams, soothsaying, chirography, divining or #y any other means of e(ploiting human credulity, is punisha#le, upon complaint, %ith fine, or in the event of repetition of the crime, %ith simple imprisonment, or, in serious cases, %ith rigorous imprisonment not e(ceeding five years, %here the case does not fall under the provisions regarding petty offences 6!rt. 9A17.

6:7 ?here the deceit is committed in the manner stipulated under !rticle A9:, the punishment prescri#ed under the specified provision shall apply. Articl# <01.7 Ot"#r Fra,(,l#nt Act%.

617 ?hoever collects money or material things #y falsely claiming to have contracted a serious disease or deficiency, or alleging to have sustained grave physical or psychological in"ury or pecuniary or other material loss, or #y using any other fraudulent means appealing to the compassionate feelings of others, is punisha#le, according to the circumstances of the case, %ith simple imprisonment and fine, or %ith rigorous imprisonment not e(ceeding five years and fine. 6:7 ?hoever employs another as a means of o#taining advantage through #eggary #y misrepresenting to the pu#lic that the said person is in one of the predicaments specified in the a#ove su#+ article, and collects money or other material things from individuals or the pu#lic on the prete(t of supporting the person, shall #e lia#le to the punishment prescri#ed in su#+article 617 a#ove. 6>7 ?hoever, #y inflicting in"ury upon another, employs him for the purpose specified in su#+article 6:7 a#ove, is punisha#le %ith rigorous imprisonment from three years to ten years, and fine. /othing in this su#+article shall prevent the concurrent application of the provisions on causing in"uries to persons 6!rt, 5'9 and 5'97. 6'7 ?hoever collects %ith or %ithout authori&ation #y la% or #y the competent authority, any money or other material things from individuals or the pu#lic for political, religious, cultural, social, humanitarian or other purpose, and improperly disposes of such things in %hole or in part outside the purpose for %hich they are collected, is punisha#le %ith rigorous imprisonment not e(ceeding ten years, and fine not e(ceeding thirty thousand *irr, %ithout pre"udice to the provisions of !rticle 9A: of this Code concerning @nauthori&ed Collection. 657 ?here a "uridical person participates in the commission of one of the crimes specified under su#+article 6:7, 6>7, or 6'7 of this !rticle, it shall #e punisha#le in accordance %ith !rticle 9< of this Code. Articl# <02.7 Mi%mana0#m#nt o* Pri.at# Int#r#%t%. 617 ?hoever, #eing legally or contractually #ound to %atch over or to manage the property rights of another, intentionally causes pre"udice to such property interest he %atches over or to the service he renders to the undertaking he %orks for #y misusing his po%ers or #y failing in his duties,

i% +,ni%"a'l# 1it" %im+l# im+ri%onm#nt or *in#. 6:7 ?here the act is committed negligently, the punishment shall #e fine, or simple imprisonment not e(ceeding si( months. 6>7 ?here the criminal has committed the crime %ith intent to o#tain for himself or to procure for another a #enefit in property, the punishment shall #e simple imprisonment for not less than one year, and a fine not e(ceeding thirty thousand *irr. Articl# <0-.7 A00ra.at#( Ca%#%. 617 ?here the crime has #een committed8 a7 #y a tutor, an advocate, a notary, a #anker, a curator or a li$uidator, or #y any other person invested %ith an official status, or deserving a special confidence5 or #7 against -tate or pu#lic property, the punishment shall #e rigorous imprisonment not e(ceeding ten years, and fine not e(ceeding fifty thousand *irr. 6:7 ?here the criminal solicits or accepts any kind of advantage from another in consideration for the performance or omission of an act in violation of his responsi#ility or duty, he shall #e punisha#le %ith simple imprisonment for not less than one year, or rigorous imprisonment not e(ceeding seven years and fine not e(ceeding t%enty thousand *irr. In grave cases, the punishment shall #e rigorous imprisonment for not less than five years, and fine not e(ceeding one hundred thousand *irr. 6>7 !ny person %ho, for the performance of an act proper to his responsi#ility or duty, solicits or o#tains an advantage or e(acts a promise #efore or after the performance of such an act, is punisha#le, according to the circumstances of the case, %ith simple imprisonment for not less than one year, or %ith rigorous imprisonment not e(ceeding five years and fine not e(ceeding ten thousand *irr. 6'7 In the case of fraudulent mismanagement of -tate interests, corrupt practices or acceptance of undue advantage committed #y a pu#lic servant or official, the special provisions 6!rts. '<9, '1< and '1:7 shall apply. Articl# <04.7 Incit#m#nt to !+#c,lation. 617 ?hoever, %ith intent to o#tain for himself or to procure for a third person a #enefit in property, takes advantage of the carelessness, the confidence or the manifest #usiness ine(perience of a person in order to incite himto speculate, %hether on securities or goods, %hile he kne% that the

transaction %as flagrantly not in proportion to the holding of the speculator and %ould e(pose him to serious risk, is punisha#le, upon complaint, %ith simple imprisonment or fine. 6:7 ?here the crime is committed negligently, it shall #e punisha#le %ith fine. Articl# <03.7 Incit#m#nt o* Inca+a'l# P#r%on% to carr& o,t Pr#8,(icial A%%i0nm#nt%.

617 ?hoever, %ith the intent specified in !rticle 7<', takes advantage of the carelessness, confidence or ine(perience of a minor or a person %ho is legally incapa#le, a7 in order to o#tain a grant, promise or guarantee in his o%n favour or in favour of a third person, of sums of money, loans, ackno%ledgements of de#t or other #enefits in property5 or #7 in general, to o#tain or avoid an assignment so as to pre"udice his property or that of a third person, is punisha#le, upon complaint, %ith simple imprisonment or fine. 6:7 ?hoever, %ith a similar intent, o#tains such a promise, claim or guarantee and sets it up against or assigns it to another, is lia#le to the same punishments. !#ction II.7 Com+,t#r Crim#% Articl# <0:.7 Acc#%%/ TaCin0 or U%in0 Com+,t#r !#r.ic#% 1it"o,t A,t"oriBation. 617 ?hoever, %ithout authori&ation, accesses a computer, computer system or computer net%ork, is punisha#le %ith fine. 6:7 ?hoever, %ithout authori&ation, accesses a computer, computer system or computer net%ork, and intentionally takes or uses or causes to #e used data or computer services, is punisha#le %ith simple imprisonment or fine, or in serious cases, %ith rigorous imprisonment for not more than five years and fine not e(ceeding t%enty thousand *irr. 6>7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment not e(ceeding three months, or fine not e(ceeding t%o thousand *irr. Articl# <0<.7 Ca,%in0 Dama0# to Data. 617 ?hoever, %ithout authori&ation, accesses a computer, computer system or computer net%ork and intentionally causes damage #y adding, altering, deleting or destroying data, is punisha#le %ith simple imprisonment for not less than three months, or fine.

6:7 ?here the crime is committed8 6a7 in order to devise or e(ecute any scheme or artifice to steal, defraud, deceive or e(tort or %rongfully control or o#tain money, property, computer services or any data5 or 6#7 in serious cases even in the a#sence of the scheme provided for under su#+article : 6a7, the punishment shall #e rigorous imprisonment for not more than five years, and fine not e(ceeding t%enty thousand *irr. 6>7 ?here the crime is committed negligently, the punishment shall, #e simple imprisonment not e(ceeding three months, or fine not e(ceeding t%o thousand *irr. Articl# <0=.7 Di%r,+tin0 t"# U%# o* Com+,t#r !#r.ic#% '& an A,t"oriB#( U%#r. 617 ?hoever, %ithout authori&ation, accesses a computer, computer system or computer net%ork, and intentionally disrupts the use of the computer #y an authori&ed user, is punisha#le %ith simple imprisonment not e(ceeding three years or fine. 6:7 ?here the crime is committed negligently, the punishment shall #e simple imprisonment not e(ceeding three months, or fine not e(ceeding t%o thousand *irr. Articl# <02.7 Act% Committ#( to Facilitat# t"# Commi%%ion o*

Com+,t#r Crim#%. ?hoever, %ith intent to further the commission of one of the acts specified in the preceding three !rticles, imports, produces, sells, offers for sale, distri#utes, #uys, receives or possesses instruments, secret Codes or pass%ords, is punisha#le %ith simple imprisonment or fine or #oth. Articl# <10.7 Ot"#r Crim#%. ?here one of the other crimes provided for under this Code is committed #y means of a computer, the relevant provision shall apply. Articl# <11.7 Conc,rr#nc# o* Crim#%.

?here any crime committed #y means of a computer, has resulted in the commission of another crime punisha#le under this Code, the relevant provision shall apply concurrently. !#ction III.7 Crim#% in.ol.in0 Moral or Mat#rial Intimi(ation Articl# <12.7 U%,r&. 617 ?hoever, #y e(ploiting a person,s reduced circumstances or dependency, material difficulties, or carelessness, ine(perience, %eak character or mind8 a7 lends him money at a rate e(ceeding the official rate5 or #7 o#tains a promise or assignment of #enefits in property in e(change for pecuniary or other consideration, %hich is in evident disproportion, shall #e punisha#le, according to the gravity of the case, %ith simple imprisonment, or %ith rigorous imprisonment not e(ceeding five years, and fine. 6:7 ?hoever, %ith a similar intent, ac$uires an usurious claim and sets it up against or assigns it to another, shall #e lia#le to the same punishments. Articl# <1-.7 E;tortion. ?hoever, in cases not amounting to ro##ery 6!rt. A7<7, uses violence or grave threats against a person, or in any other manner renders such person una#le to resist, in order to o#tain for himself or to procure to a third party an un"ustifia#le #enefit in property, %hether #y an assignment of funds or securities, documents or %riting, e(ecuting or evidencing the transaction, disposition or discharge, or any other similar #enefit, shall #e punisha#le, according to the gravity of the case, %ith simple imprisonment for not less than three months, or %ith rigorous imprisonment not e(ceeding five years, and fine. Articl# <14.7 lacCmail.

?hoever causes a person to purchase silence to the detriment of his estate or that of another, #y threatening to pu#lish, divulge or denounce a fact, even if true, the kno%ledge of %hich is damaging to himself or to a third party %ith %hom the victim has close ties of relationship or affection, shall #e lia#le to the penalties specified in the preceding !rticle 71>. Articl# <13.7 A00ra.at#( Ca%#%.

)he punishment shall #e rigorous imprisonment not e(ceeding ten years and fine not e(ceeding ten thousand *irr, %here a person accused of usury, e(tortion or #lackmail, a7 %rongfully e(ercises a profession, duty or trade for %hich he has received a license or permission from the pu#lic authorities5 or #7 commits the crime against infants or young persons, or persons %ho are of fee#le mind, or incapa#le of understanding5 or c7 having so foreseen, has induced his victim to ruin or suicide #y his acts or their repetition. TITLE II ECONOMIC AND COMMERCIAL CRIME! Articl# <1:.7 Partici+ation o* a >,ri(ical P#r%on in a Crim#. 617 ?here a "uridical person takes part in the commission of one of the crimes specified in this )itle in the manner provided under !rticle >' of this Code, it shall #e punisha#le, depending on the nature of the crime, in accordance %ith the provisions of !rticle 9<. 6:7 ?here the manager, attorney, mem#er, administrator or mem#er of the controlling or %inding+up authority of a "uridical person takes part in the commission of a crime according to su#+article 617 a#ove due to his position in its management, he shall #e punisha#le in accordance %ith the relevant provisions of this )itle. 6>7 /othing in this !rticle shall affect the provisions of !rticle 1'>.

CHAPTER I CRIME! A4AIN!T INTAN4I LE RI4HT! Articl# <1<.7 AttacC on Anot"#rG% Cr#(it. 617 ?hoever, maliciously or %ith intent to cause damage, seriously in"ures or compromises the credit of another #y statements or imputations he kno%s to #e false, is punisha#le, upon complaint, %ith a fine of not less than one thousand *irr, or simple imprisonment for not less than three months. 6:7 )he provisions regarding calumny 6!rt. A1>6>77 may not #e applied concurrently %ith the provisions of this !rticle. Articl# <1=.7 Harm*,l Fal%# In*ormation. ?hoever, #eing in a position to kno% the state of affairs of an undertaking, a commercial firm or a cooperative, %hether as founder, mem#er, manager, director, attorney, mem#er of a #oard of directors or audit, or a li$uidator, intentionally gives or causes to #e given essential and untrue information, %hether in notices to the pu#lic, or in proposals or reports to a general meeting, is punisha#le, upon complaint, %ith a fine of not less than one thousand *irr, or simple imprisonment for not less than three months. Articl# <12.7 Un*air Com+#tition.

?hoever intentionally commits against another, an a#use of economic competition #y means of direct or any other process contrary to the rules of good faith in #usiness, in particular8 6a7 #y discrediting another, his goods or dealings, his activities of #usiness or #y making untrue or false statements as to his o%n goods, dealings, activities or #usiness in order to derive a #enefit therefrom against his competitors5 or 6#7 #y taking measures such as to create confusion %ith the goods, dealings or products or %ith the activities or #usiness of another5 or

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6c7 #y using inaccurate or false styles, distinctive signs, marks or professional titles in order to induce a #elief as to his particular status or capacity5 or 6d7 #y granting or offering undue #enefits to the servants, agents or assistants of another, in order to induce them to fail in their duties or o#ligations in their %ork or to induce them to discover or reveal any secret of manufacture, organi&ation or %orking5 or 6e7 #y revealing or taking advantage of such secrets o#tained or revealed in any other manner contrary to good faith, is punisha#le, upon complaint, %ith a fine of not less than one thousand *irr, or simple imprisonment for not less than three months. Articl# <20.7 In*rin0#m#nt o* MarC%/ D#claration% o* Ori0in/ D#%i0n% or Mo(#l%. 617 ?hoever intentionally8 a7 infringes, imitates or passes off, in such manner as to deceive the pu#lic, another,s mark or distinctive signs or declarations of origin on any produce or goods or their packing, %hether commercial, industrial or agricultural5 or #7 sells or offers for sale, imports or e(ports, distri#utes or places on the market produce or goods under a mark %hich he kno%s to #e infringed, imitated, passed off or improperly affi(ed5 or c7 refuses to declare the origin of produce or goods in his possession under such marks, shall #e punisha#le %ith rigorous imprisonment not e(ceeding ten years. 6:7 ?hoever unla%fully so acts %ith respect to intellectual property rights, particularly industrial designs or models, or patented inventions or processes, duly registered and protected #y e(isting la%s or agreements, national or international, shall #e lia#le to the same punishments. 6>7 ?here the act mentioned under su#+article 617 or 6:7 is committed negligently, the punishment shall #e simple imprisonment not e(ceeding five years. Articl# <21.7 In*rin0#m#nt o* Ri0"t% R#latin0 to Lit#rar&/ Arti%tic or Cr#ati.# 5orC%.

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617 ?hoever, apart from cases punisha#le more severely #y another provision of the this Code, intentionally violates la%s, regulations or rules issued in relation to rights on literary, artistic or creative %orks, is punisha#le %ith rigorous imprisonment not e(ceeding ten years. 6:7 ?here the act is committed negligently, the punishment shall #e simple imprisonment not e(ceeding five years. Articl# <22.7 Ri0"t o* Com+laint. ?here the crimes in this Chapter are punisha#le upon complaint, only the person or professional association in"ured shall have the right to make the complaint. Articl# <2- .7 A00ra.at#( Ca%#%. ?here one of the crimes provided in this Chapter is committed to further the commission of fraudulent misrepresentation, the punishment provided for the latter shall apply concurrently. Articl# <24.7 R#lat#( !anction%. !part from the penal sanction and any civil claim, the Court shall order the confiscation of the o#"ects, goods or %orks %hich are infringements as %ell as of the proceeds of sale or performance. )he "udgment shall #e given the necessary pu#licity #y the Court. CHAPTER II CRIME! RELATIN4 TO PROCEEDIN4! OF DE T/ EDECUTION AND AN6RUPTC@ Articl# <23.7 Fra,(,l#nt In%ol.#nc&. ?hoever intentionally conceals the fact that he is insolvent and contracts an o#ligation kno%ing that he is una#le or un%illing to e(ecute it, shall #e punisha#le, upon complaint, %ith a fine not e(ceeding fifty thousand *irr, or %ith simple imprisonment.

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Articl# <2:.7 Irr#0,lar

anCr,+tc&.

617 ! de#tor %ho has caused his o%n insolvency or %ho has intentionally aggravated it #y acting %ith culpa#le lack of foresight, or %ith gross negligence or mismanagement, in the e(ercise of his profession, %hether #y failing to keep proper #ooks or accounts, #y incurring e(cessive e(penditure or #y ha&ardous speculation or in any other manner, shall #e punisha#le %ith simple imprisonment. 6:7 ?here the act is committed negligently, the punishment shall #e simple imprisonment not e(ceeding si( months, or fine not e(ceeding five thousand *irr. 6>7 Proceedings may #e taken against a de#tor not registered in the commercial registry only upon a complaint #y the creditor, to #e #rought %ithin three months from the delivery of the declaration of default. 6'7 ! creditor %ho caused a de#tor to act %ith lack of foresight or negligence, resulting in insolvency, or %ho acted to%ards him %ith usury, may not #ring a complaint against such de#tor. Articl# <2<.7 Fra,(,l#nt anCr,+tc&.

617 ! de#tor ad"udged #ankrupt %ho has intentionally disposed of his assets to the pre"udice of his creditors, a7 either materially, %hether #y assigning or #y destroying, damaging, depreciating or rendering useless certain property forming a part of such assets5 or #7 fictitiously, %hether #y removing or concealing property, #y relying on or recogni&ing non+e(istent de#ts or claims or #y inciting a third party to make fictitious claims, or in any other manner pretending that his estate is less than it is in fact, in particular #y means of incorrect accounting, falsified correspondence or a false #alance sheet, shall #e punisha#le %ith simple imprisonment for not less than si( months. 6:7 In serious cases %here the damage %as of particular gravity or %as imposed upon the Defence .orces, or a pu#lic undertaking or service, the punishment shall #e rigorous imprisonment not e(ceeding eight years.

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6>7 ! third party %ho has committed such acts to the pre"udice of the creditors shall #e punisha#le %ith simple imprisonment not e(ceeding three years. 6'7 ?here the acts of the criminal amount to fraud, the relevant provisions shall apply concurrently. Articl# <2=.7 Fra,( In E;#c,tion. 617 ! de#tor su#"ect to proceedings #y %ay of e(ecution against %hom a declaration of default has #een delivered, and %ho %ith intent to pre"udice his creditors has reduced his assets, %hether materially or fictitiously as provided in !rticle 7:7, shall #e punisha#le %ith simple imprisonment, or, in grave cases, %ith rigorous imprisonment not e(ceeding five years. 6:7 ! third party %ho has so acted to the pre"udice of the creditors shall punisha#le %ith simple imprisonment. #e

Articl# <22.7 Mi%a++ro+riation or D#%tr,ction o* Pro+#rt& !,'8#ct to Pl#(0# or Li#n. 617 !ny de#tor %ho, %ith intent to o#tain for himself or to procure for a third person a #enefit, or, to cause damage to his creditor, removes, assigns, damages, depreciates or renders useless his property, %hether mova#le or immova#le, and %hich %as held #y the creditor #y %ay of pledge, usufruct or lien, i% +,ni%"a'l# 1it" %im+l# im+ri%onm#nt *or not l#%% t"an on# &#ar. 6:7 !ny third person %ho so acts %ith the same intent to the pre"udice of the creditors is punisha#le %ith simple imprisonment not e(ceeding three years, or fine not e(ceeding fifty thousand *irr. Articl# <-0.7 Mi%a++ro+riation or D#%tr,ction o* Pro+#rt& !,'8#ct to a Or(#r. 617 ?hoever, to the pre"udice of his creditors, improperly appropriates or uses property under sei&ure or se$uestration, listed in a #ankruptcy, or

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in a document evidencing a lien, or destroys, damages, depreciates or renders such property useless, is punisha#le %ith simple imprisonment. 6:7 ! third person %ho so acts to the pre"udice of the creditors, is punisha#le %ith simple imprisonment or fine. 6>7 ?here the acts punished under this !rticle are performed solely to the detriment of the creditors, !rticle '>9 of this Code may not #e applied concurrently. Articl# <-1.7 Un8,%ti*ia'l# Pr#*#r#nc#.

!ny de#tor %ho, having #een ad"udged #ankrupt or having given a declaration of default, and kno%ing himself to #e insolvent, has preferred certain of his creditors to the pre"udice of the others, in particular8 a7 #y paying de#ts not due or #y paying de#ts at maturity other than in cash or #y the customary securities5 or #7 #y giving on his o%n account security for a de#t %hen not #ound so to do5 or c7 in any other similar manner, is punisha#le %ith simple imprisonment not e(ceeding three years. Articl# <-2.7 P,rc"a%# o* ?ot#%. 617 !ny de#tor %ho, in order to o#tain a favoura#le vote of one of his creditors or a composition #y the Court, grants or promises particular advantages8 a7 to that creditor or to his representative in a general meeting5 or #7 to a mem#er of the administration or %inding+up in a #ankruptcy, is punisha#le %ith simple imprisonment not e(ceeding three years. 6:7 ! third person %ho so acts in favour of the de#tor, or any person %ho %ith the same intent causes such an advantage to #e granted or promised to him, is lia#le to the same punishments. Articl# <--.7 Fra,(,l#nt Com+o%ition. 617 !ny de#tor %ho, in order to o#tain a scheme of arrangement or the ratification of a composition #y the Court, misleads his creditors, the commissioner in #ankruptcy or the competent authority, as to his

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financial position, in particular #y means of incorrect or falsified accounts, correspondence or a #alance sheet, is punisha#le %ith simple imprisonment. 6:7 ! third person %ho so acts in favour of the de#tor is lia#le to the same punishment.

PART III CODE OF PETT@ OFFENCE! OO6 ?II 4ENERAL PART TITLE I DIRECTI?E! 4O?ERNIN4 LIA ILIT@ TO PUNI!HMENT CHAPTER I !COPE OF THE LE4AL PRO?I!ION! Articl# <-4.7 R#*#r#nc# to 4#n#ral Princi+l#%. (cept in cases %here the provisions of this *ook state other%ise, the principles and rules of the general part of the Criminal Code shall apply to petty offences, due regard #eing had to the spirit and nature of the la% 6!rt. >. Par. :7. Articl# <-3.7 P#tt& O**#nc#%. ! person commits a petty offence %hen he infringes the mandatory or prohi#itive provisions of a la% or regulation issued #y a competent authority or %hen he commits a minor offence %hich is not punisha#le under the Criminal 4a%, and such infringement or minor offence is su#"ect to punishment under the provisions #elo% 6!rts. 7'A+7757. Articl# <-:.7 A++lication a% to O**#nc#.

617 In accordance %ith the principle of legality 6!rt. : 61 to '77, petty offences #y the provisions of this Code or #y a special provision are alone lia#le to

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punishment and the penalties applica#le shall #e those %hich are e(pressly prescri#ed in respect thereof. -uch provisions are enforcea#le only if the act does not fall under an e(press provision imposing a more severe penalty. Ene and the same act cannot #e punished #oth under the provisions of the Criminal Code and the Code of Petty Effences 6!rt. :6577. 6:7 Petty offences shall al%ays #e punished under the provisions in force at the time of their commission, and there shall #e no retrospective effect as to their application 6!rt. 57. @pon the coming into force of this Code, its provisions shall apply to all petty offences mentioned in the -pecial Part of this Code. Articl# <-<.7 E9,alit& '#*or# t"# La1. )he provisions relating to petty offences shall apply to all petty offenders alike %ithout discrimination 6!rt. '7. Articl# <-=.7 A++lication a% to Plac#. 617 Petty offences shall #e deemed to have #een committed at the place %here the offender acted or had the legal o#ligation to act 6!rt. :57. )hey shall #e governed as a rule #y the principle of territoriality 6!rt. 117. 6:7 Petty offences committed in thiopia shall al%ays #e tried in accordance %ith thiopian la% %hen the petty offender is in thiopia. )hey shall give rise neither to delegation 6!rt. 1:7 nor to e(tradition 6!rt. :17. 6>7 Petty offences committed in a foreign country #y an thiopian or against an thiopian su#"ect 6!rt. 197 shall not #e punished in thiopia8 Petty offences committed in a foreign country #y an thiopian en"oying immunity 6!rt. 1'7 shall not #e punished in thiopia. 6'7 Petty offences of a purely military character provided #y thiopian military la% 6!rt. 79:7 shall al%ays #e tried #y the military authority and

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punished according to thiopian la% %hether they %ere committed in thiopia or in a foreign country. If, ho%ever, the doer %as already tried for the same act #y a foreign Court a fresh penalty may #e dispensed %ith. Articl# <-2.7 For#i0n !#nt#nc#%. Convictions or sentences passed on petty offences #y a foreign Court shall not #e taken into consideration for the assessment of sentence as regards crimes or petty offences tried #y thiopian Courts 6!rt. ::7. CHAPTER II LIA ILIT@ TO PUNI!HMENT Articl# <40.7 P,ni%"a'l# Act% an( P#r%on%. 617 In the matter of petty offences preparatory acts and attempts shall not #e punisha#le. 6:7 4ike%ise, incitement, complicity and #eing accessory after the fact are not lia#le to punishment. )he petty offender 6!rt. >:7 shall alone #e punisha#le. 6>7 In the matter of petty offences a "uridical person is not punisha#le for incitement or complicity5 it is punisha#le only %hen its official or employee violates la%s, regulations or directives as a petty offender in accordance %ith !rticle >: of this Code. 6'7 )he provisions relating to petty offences shall apply also to young persons %ithin the meaning of the Criminal Code 6!rts. 5:+557. 657 )he relevant provisions of the Criminal Code relating to crimes committed through mass media 6!rts. ':+ '77 are applica#le to petty offences. Articl# <41.7 Con(ition% *or Lia'ilit& to P,ni%"m#nt. 617 6:7 )he provisions of the Criminal Code concerning criminal responsi#ility and irresponsi#ility 6!rts. '9+5<7 shall apply to petty offences. !ny person shall #e punisha#le %hether he contravened the la% intentionally or negligently 6!rts. 57 + 597 save in cases %here the la% e(pressly e(empts from lia#ility to punishment in respect of an act committed #y negligence.

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6>7

1esponsi#ility and lia#ility to punishment for petty offences shall al%ays #e individual !rts. '1 and 997.

Articl# <42.7 M#a%,r#% *or P,r+o%#% o* Clari*ication. 2easures for the taking of e(pert advice and the carrying out of en$uiries provided in respect to ordinary crimes 6!rts. 51 and 5'7 shall #e ordered only if $uestions as to the petty offender,s responsi#ility cannot other%ise #e decided #y the Court. Articl# <4-.7 >,%ti*ication an( E;c,%#%. 617 )he provisions governing la%ful acts 6!rt. A97, the performance of a legal, official or professional duty 6!rt. A97, consent of the victim 6!rt. 7<7, a#solute coercion 6!rt. 717, necessity 6!rt. 757 and self+ defence 6!rt. 797, shall apply to petty offences. In cases of resisti#le coercion or e(cess of necessity or self+defence the petty offender shall #e punisha#le #ut the Court shall reduce the penalty %ithin the limits authori&ed #y la% 6!rt. 7AA7. 6:7 In the case of a hierarchical order the su#ordinate shall not #e punisha#le if he o#eyed a person of higher rank acting %ithin his authority and did not e(ceed the order received. )he person %ho gave the order shall #e fully responsi#le therefor 6!rt. 7>7. )he su#ordinate shall #e responsi#le for any conscious and e(cess in the performance of the order received. Articl# <44.7 Mi%taC#. 617 Be %ho committed a petty offence may not plead as "ustification ignorance of the la% or a mistake as to right 6!rt. 917. 6:7 If he acted under a proven mistake of fact %hich e(cluded kno%ledge or intention to commit an offence he shall not #e lia#le to punishment 6!rt. 9<7. Articl# <43.7 E;t#n,atin0 an( A00ra.atin0 Circ,m%tanc#%. intentional

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617 ?here a person guilty of a petty offence acted in e(tenuating circumstances as provided #y the Criminal Code 6!rt. 9: and 9>7, the Court may take such circumstances into account #y reducing the penalty or altering its nature as provided hereafter 6!rt. 7AA7. 6:7 ?here the petty offender acted in aggravating circumstances as provided #y the Criminal Code 6!rts. 9' and 957 the Court shall increase the penalty as provided hereafter 6!rt. 7A7+77<7. 6>7 ?here there e(ists a com#ination of e(tenuating and aggravating circumstances, the Court shall have due regard to #oth in determining the penalty 6!rt. 1997. TITLE II RULE! 4O?ERNIN4 PENALTIE! CHAPTER I PENALTIE! AND MEA!URE! APPLICA LE !#ction I.7 Articl# <4:.7 Princi+al P#nalti#%

E;cl,%ion o* Or(inar& Criminal P#nalti#%.

617 Petty offences shall not #e punished %ith rigorous or simple imprisonment prescri#ed for ordinary crimes. Petty offences differ from ordinary crimes #y reason of the different penalties they merit. 6:7 )he only penalties %hich may #e imposed for petty offences are those specified in the follo%ing provisions su#"ect to the special forms of punishment applica#le to military petty offenders or young persons. 6>7 In cases %here protective or therapeutic measures should #e prescri#ed in the general interest, in particular in respect to irresponsi#le persons 6!rts. 1>< and 1>17, the Court shall inform the competent administrative authority 6!rt. 15'7. Articl# <4<.7 Arr#%t.

617 !rrest is the only penalty involving deprivation of li#erty %hich may #e imposed in the case of petty offences. )he duration of such arrest shall #e of one day at least and of three months at most, su#"ect to cases of recidivism 6!rt. 7A97 and cases %here special provisions of the la% provide a higher ma(imum.

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)he Court shall determine the penalty taking into account the degree of guilt of the petty offender 6!rt. 997 %ithout going #elo% the special minimum or #eyond the special ma(imum %here such periods are fi(ed #y la%. 6:7 )he provisions on conditional release 6!rts. :<1+:<77 shall not apply to arrest. Articl# <4=.7 En*orc#m#nt o* Or(inar& Arr#%t. 617 Erdinary arrest shall #e undergone in special premises for detention attached to Courts or police stations. Convicts shall #e separated according to se(. /o person sentenced to arrest shall #e detained in penitentiary or corrective institutions nor confined %ith prisoners sentenced for crimes to imprisonment 6!rt. 7'A 6177. 6:7 ! person sentenced to arrest shall not #e compelled to %ork nor #e entitled to remuneration 6!rt. 1117. Be may receive food, mail and visitors from outside to the e(tent compati#le %ith the tran$uility and general good order of the place of detention. Articl# <42.7 Arr#%t in a Hom# or an E%ta'li%"m#nt. 617 ?hen personal or local conditions seem to "ustify such a measure the Court may order that arrest shall, su#"ect to ade$uate control or safeguards, #e undergone either in the home of the person sentenced or in the home of a relia#le person or in a lay or religious community designed for the purpose. 6:7 Permission to leave home may, apart from cases of force ma"eure, #e granted e(ceptionally and #y decision of the Court only for the performance of religious duties, the consultation of a physician, or for receiving indispensa#le medical care or appearing #efore a "udicial authority, and then only for such time as is strictly necessary. ! person sentenced to home arrest shall provide for his o%n up+keep.

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Articl# <30.7

!+#cial M#t"o( o* En*orc#m#nt in ca%# o* M#m'#r% o* t"# D#*#nc# Forc#% an( @o,n0 O**#n(#r%.

617 !rrest imposed upon mem#ers of the Defence .orces #y reason of failure to discharge their military duties 6!rt. 79:7 shall #e determined in accordance %ith military regulations and undergone under military discipline and control in the premises used for this purpose. 6:7 Foung persons sentenced to arrest shall undergo their punishment either #y school or home arrest under the conditions provided for their case 6!rt. 1A17 or, %hen this is impractica#le, under the supervision of an institution, a charita#le organi&ation or a relia#le person appointed #y the Court. !rrest in their case may #e served at different times8 Provided that no period of arrest shall #e for less than three hours and the total period shall not e(ceed fifteen days. Articl# <31 .7Com+,l%or& La'o,r in !,'%tit,tion *or Arr#%t. 617 In cases %here the penalty of arrest can #e pronounced the Court may, if the circumstances or the conditions of enforcement so "ustify, replace this penalty #y a term of compulsory la#our of e$uivalent duration, %ith or %ithout restriction upon li#erty, coupled %ith a deduction from the petty offender,s earnings for the #enefit of the -tate 6!rt. 1<> and 1<'7. )he duration and the amount of money to #e deducted shall #e fi(ed #y the Court in its "udgment. 6:7 )hese provisions shall not apply to mem#ers of the Defence .orces on active service, nor to young persons. Articl# <32.7 Fin#A Or(inar& Ca%#. 617 .ine may #e #et%een one *irr and three hundred *irr, e(cept in cases of recidivism 6!rt. 7A97 and %here the la% provides a higher ma(imum. ?here the petty offender acted for gain the fine may #e increased to five hundred *irr, %ithout pre"udice to aggravation in cases of recidivism.

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In determining the fine the Court shall take into account the financial state of the petty offender, as %ell as the gravity of the petty offence and the degree of guilt 6!rt. 9<7. 6:7 ! fine may #e imposed in addition to arrest, %here circumstances "ustify, in particular %here the la% provides these penalties as alternative penalties or %here the petty offender acted for gain 6!rts. 91 and 9:7. 6>7 )he Court may grant the convicted person time for payment not e(ceeding three months 6!rt. 9>7, and may allo% payment #y instalments. ?hen circumstances so "ustify, the Court may e(tend the period up to a ma(imum period of one year. ! person sentenced to pay a fine may #e permitted to pay the fine #y performing %ork of an e$uivalent monetary value 6!rt. 957. 6'7 )he penalty shall #e only fine in respect of a "uridical person. -u#"ect to the provisions of !rticles 7A9 and 77<, fine may #e #et%een ten *irr and <ne thousand and t%o hundred *irr. , Articl# <3-.7 Con.#r%ion o* Fin# into Com+,l%or& La'o,r. 617 In the event of non+payment of the fine %ithin the fi(ed period of time, the Court shall order the conversion of the fine, or of such part of the fine as remained unpaid, into compulsory %ork performed freely or %ith restriction on li#erty, together %ith a deduction for the #enefit of the -tate. 6:7 )he Court shall determine the duration of the compensatory term on the #asis of the relevant general provisions 6!rts. 9A and 1<>7. Articl# <34.7 R#co.#r& o* Fin#A !+#cial Ca%# o* M#m'#r% o* t"# D#*#nc# Forc#% or @o,n0 P#r%on%. 617 ?here a mem#er of the Defence .orces has committed an offence under the ordinary la% the Court may, to recover a fine or part thereof, order that deductions #e made for a specified period from the mem#er,s pay to cover the fine or part thereof remaining unpaid. )he deduction may not e(ceed a $uarter of the mem#er,s pay e(cept %ith his consent. It shall #e fi(ed #y the Court in consultation %ith the responsi#le military authority of the convicted person.

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6:7 In the case of a young petty offender the fine shall #e fi(ed #y the Court %ithin appropriate limits, taking into special account the gravity of the petty offence, his material circumstances and the degree of need for the %arning constituted #y the penalty. ?here the young petty offender intentionally fails to pay the fine the Court shall convert the fine into arrest for young persons on such conditions as it considers appropriate in the circumstances. Articl# <33.7 R#+aration o* t"# Dama0#. /othing shall affect the reparation of the moral or material compensation for the damage caused #y the offence to the in"ured party 6!rts. 1<1 and 1<:7, %here the circumstances of the case "ustify. !#ction II.7 !#con(ar& P#nalti#%

Articl# <3:.7 5arnin0 an( R#+roo*. 617 ! %arning, reproof, reprimand or the making of amends 6!rt. 1::7 may #e imposed #y the Court in addition to a penalty of arrest, compulsory %ork or fine. 6:7 )he Court may su#stitute the a#ove mentioned penalty for the principal penalty in the case of e(tenuating circumstances or minor offences. Articl# <3<.7 E;cl,%ion o* For*#it,r# o* Ri0"t%. 617 In case of petty offences forfeiture of civic or family rights or rights to discharge an office or e(ercise of profession 6!rt. 1:>7 may not #e ordered. 6:7 /o order may #e made for reduction in rank and e(clusion from the Defence .orces 6!rt. 1:77 on a solider %ho has committed a petty offence. !#ction III.7 !a*#t& M#a%,r#% Articl# <3=.7 4,arant## o* 4oo( Con(,ct. 617 ! guarantee for good #ehaviour 6!rt. 1>'7 can only #e ordered in cases of repeated petty offences against pu#lic order or tran$uility, or the safety

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of persons or things, and only %here the commission of further offences is pro#a#le. )he guarantee shall not e(ceed one year. 6:7 ?here an petty offender %ho is a#le to provide guarantee refuses to provide one, arrest 6!rt. 7'97 for a period not e(ceeding fifteen days, or, %here the petty offender is a soldier military arrest 6!rt. 75<7 shall #e ordered. )his period cannot #e e(tended. !rticle 759.+ Confiscation and .orfeiture to the -tate. 617 Confiscation of o#"ects or material means endangering security, order, health or decency, or intended to facilitate, or to #e used for the commission of an offence, or %hich have #een used for the commission of an offence 6!rt. 1'<7 may #e ordered #y the Court if such confiscation appears to #e "ustified in addition to the principal penalty. It may #e ordered as a preventive measure %here pu#lic safety so re$uires 6!rt. 1'17. 6:7 )he Court may order forfeiture to the -tate of such o#"ects and means 6!rt. 1<<7. Articl# <:0.7 Pro"i'ition o* Un(#rtaCin0% an( !,%+#n%ion o* a 5orC P#rmit. ?ithdra%al of a license 6!rt. 1':7, closing of an esta#lishment or suspension of its activity 6!rt. 1'>7, %hether total or partial, may #e ordered only as a temporary measure in case of repeated petty offences connected %ith the use of a license or the management of an esta#lishment. In no case may these measures #e imposed for a period e(ceeding si( months. )he Court shall determine their duration and scope. Articl# <:1.7 Princi+al Ca%#% 5"#r# Con*i%cation an( !,%+#n%ion ar# A++lica'l#.

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)he measures of confiscation to the -tate, %ithdra%al of a license, suspension or closing of an esta#lishment shall #e ordered in cases of8 6a7 fiscal or administrative matters 6!rts. 79'+79175 6#7 press and pu#lication matters 6!rts. 9<' and 91:75 6c7 control of firearms and ammunition, fire, e(plosive or dangerous su#stances 6!rts. 9<9 and 9:975 6d7 control of inns and places of entertainment 6!rts. 9:< and 9:175 6e7 control of pu#lic health such as unla%ful making or sale of to(ic J or narcotic su#stances, drugs and medicines, alcohol, #everages, food stuffs or goods in general 6!rts. 919 and 9>1+9>'7. Articl# <:2.7 Pro"i'ition% an( R#%triction% ,+on Li'#rt& A**#ctin0 P#r%on%. 617 ! prohi#ition from resorting to certain places conducive to the commission of an offence or further petty offences 6!rt. 1'57 may #e ordered #y the Court in cases %here such prohi#ition appears to #e "ustified, in particular %here there has #een recidivism or %here recidivism is likely. )he duration of such prohi#ition shall #e fi(ed in the "udgment, and in any case shall not e(ceed a ma(imum period of si( months. 6:7 Ether measures restrictive of personal li#erty, such ,as prohi#ition to reside in a place, o#ligatory residence, placing under supervision, %ithdra%al of official papers or e(pulsion 6!rts. 1'A+15<7 may not #e ordered in respect to a person %ho committed a petty offence. !#ction I?.7 MEA!URE! FOR PURPO!E! OF INFORMATION Articl# <:-.7 Notic# to t"# A,t"orit& Conc#rn#( an( P,'lication. 617 /otice shall #e given #y the Court to the competent authority 6!rt. 15'7 %henever such a notice seems to #e "ustified. 6:7 3udgments shall #e pu#lished 6!rt. 1557 %hen a pu#lic or private interest so re$uires. Articl# <:4.7 617 Entr& into t"# R#0i%t#r o* >,(0m#nt%.

ntry in the "udgment register 6!rt. 15A7 shall #e ordered in respect of sentences for petty offences %hich are final, so that the Courts may #e fully informed of the antecedents of an accused person.

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6:7 -uch communications are su#"ect to the provisions regarding crimes 6!rt. 15A7. CHAPTER II ENFORCEMENT OF THE PENALT@ Articl# <:3.7 E;cl,%ion o* !,%+#n%ion an( Con(itional R#l#a%#. )he provisions concerning the suspension of the pronouncement of sentence or the enforcement of the penalty as %ell as those regarding conditional release 6!rts. 19<+:<<7 shall not apply to petty offences #y reason of their formal nature and the fact that the punishment imposed should #e uniformly and rapidly enforced. Articl# <::.7 E;t#n,ation o* t"# P#nalt&. 617 ?here circumstances %arrant a reduction of the penalty 6!rt. 7'56177 the Court may, instead of arrest, impose compulsory %ork or a fine. It shall #e #ound #y the ordinary minimum provided #y la%. )he e(tent or amount shall #e determined according to the degree of guilt of the petty offender. 6:7 In cases of minor gravity, %here the offence committed appears trifling, and nota#ly in cases of a first offence or mere imprudence, the Court may confine itself to inflicting a reproof, a reprimand, or a %arning for the future. Articl# <:<.7 Or(inar& A00ra.ation o* t"# P#nalt&.

In t"# ca%# o* 0#n#ral a00ra.atin0 circ,m%tanc#% IArt <43I2J t"# +#nalt& %"all '# *i;#( in a mor# %#.#r# mann#r 1it"in t"# limit% +ro.i(#( '& la1 IArt. 1=-J. Articl# <:=.7 A00ra.ation in ca%# o* Conc,rr#nc#.

617 In case of material concurrence of petty offences the particular penalties determined for each of them shall #e added and pronounced. )he aggregate penalty may e(ceed the ordinary ma(imum penalty fi(ed in !rticle 7'7 or 75:. Bo%ever, the penalty of arrest may not e(ceed one year and fine may not e(ceed *irrone thousand and t%o hundred *irr.

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.ine may not e(ceed five thousand *irr in respect of a "uridical person. 6:7 In the case of notional concurrence, the Court may increase the penalty as provided #y the general rule 6!rt. 1977. Articl# <:2.7 A00ra.ation in Ca%# o* R#ci(i.i%m.

617 1ecidivism shall not #e taken into account %here at the time of the ne% petty offence to #e tried, a period of one year has elapsed since the penalty imposed for the previous petty offence %hatever its nature %as enforced in %hole or in part or remitted #y pardon or limitation. 6:7 In the case of recidivism the Court shall not #e #ound #y the ordinary ma(imum of the penalty prescri#ed for the ne% petty offence. ?hen circumstances and the degree of guilt so "ustify and, in particular, in cases of persistent repetition of the same offence it may impose a penalty up to dou#le the legal ma(imum provided for the various penalties 6!rts. 7'7 and 75:7. Articl# <<0.7 Conc,rr#nc# an( R#ci(i.i%m.

?hen there is at the same time concurrence of petty offences and recidivism the fines shall #e fi(ed in accordance %ith the t%o preceding provisions. Bo%ever, arrest may not e(ceed t%o years, and fine may not e(ceed t%o thousand four hundred *irr in the case of physical persons, and ten thousand *irr in respect of "uridical persons. CHAPTER III CONDITION! FOR IN!TITUTIN4 PROCEEDIN4!/ !U!PENDIN4 AND EDTIN4UI!HIN4 THE PRO!ECUTION AND THE PENALT@ Articl# <<1.7 Pro%#c,tion.

617 )he prosecution of violations of the provisions of this Code or of special la%s or regulations shall #e governed #y the follo%ing directives8 6a7 petty offences against the person of another, his freedom or honour, or against private property, shall #e prosecuted and punished only on a complaint lodged #y the in"ured party, his representative or those having rights from him, duly authori&ed #y la%.

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6#7 #reaches of la%s, orders, regulations and directives of administrative or e(ecutive authorities shall #e prosecuted and punished on complaint #y the !uthority concerned. 6c7 other #reaches shall #e prosecuted e( officio #y the pu#lic prosecutor in accordance %ith the directives of Criminal Procedure. 6:7 )he prosecution of purely military petty offences shall #e governed #y 2ilitary 4a%. Articl# <<2.7 Con(ition% a% to Com+laint

?here the la% re$uires that a complaint #e lodged as a condition precedent to the prosecution of a petty offence 6!rt. 7717 the general provisions governing conditions, time+limit and right to lodge such a complaint shall apply 6!rts. :11+:1>7. Articl# <<-.7 Limitation.

In the case of petty offences of any nature %hatsoever the right to prosecution shall #e statute+#arred after one year, and the sentence passed after t%o years. )he general provisions relating to the #eginning, suspension, interruption and a#solute end of the limitation periods 6!rts. :19 + ::: and ::5 + ::97 shall apply. Articl# <<4.7 Par(on an( Amn#%t&.

Penalties imposed in respect of petty offences may #e cancelled #y a pardon or an amnesty on the usual conditions laid do%n in the Criminal Code 6!rts. ::9+:>17. Articl# <<3.7 R#in%tat#m#nt.

!n offender %ho is sentenced to a penalty shall as of right #e reinstated after one year has elapsed since the penalty %as undergone in %hole or in part or #arred #y limitation, or remitted #y pardon.

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OO6 ?III !PECIAL PART TITLE I PETT@ OFFENCE! A4AIN!T PU LIC INTERE!T! AND THE COMMUNIT@ CHAPTER I 4ENERAL PRO?I!ION! Articl# <<:.7 4#n#ral Pro.i%ion% r#0ar(in0 P#tt& O**#nc#% not #;+r#%%l& co.#r#( ,n(#r t"i% Titl#. ?hoever, save in the cases specially provided in this )itle, contravenes the la%, regulations, orders, directives or measures la%fully issued #y the appropriate authority %ith a vie% to protecting, maintaining or restoring8 a7 the credit of the -tate, the currency, and pu#lic confidence5 or #7 pu#lic order, peace, tran$uility, safety, health and decency5 or c7 the freedom, regularity and safety of means of communication #y land, air, river or sea, as %ell as postal, telephonic and telegraphic correspondence and communications5 or d7 generally, in regard to fiscal, customs, economic, food, health forestry or policy matters, shall, if his act is Criminal Code or of to #e determined herein#efore 6!rticle not punisha#le under a specific provision of the special legislation, #e punisha#le %ith fine or arrest in accordance %ith the directives laid do%n 7'7 and 75:7.

Articl# <<<.7 4#n#ral Pro.i%ion r#0ar(in0 Partici+ation o* a >,ri(ical P#r%on in P#tt& O**#nc#% ,n(#r t"i% Titl#. 617 ! "uridical person shall #e regarded a petty offender and punished in accordance %ith !rticle 75: and 7A9+77<, %here its official or employee violates one of the provisions in this )itle #y infringing la%s, regulations or directives as a petty offender 6!rts. >: and >'7 in connection %ith the activity of the "uridical person %ith the intent of promoting its interest #y an unla%ful means or #y violating its legal duty or #y unduly using the "uridical person as a means. 6:7 ?here the manager, attorney, mem#er, administrator or mem#er of the controlling or %inding+up authority of a "uridical person takes part in

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the commission of a petty offence according to su#+article 617 a#ove due to his position in its management, he shall #e punisha#le in accordance %ith the relevant provisions of this )itle. CHAPTER II PETT@ OFFENCE! A4AIN!T !TATE OR PU LIC INTERE!T! !#ction I.7 P#tt& O**#nc#% a0ain%t P,'lic Cr#(it an( Con*i(#nc# Articl# <<=.7 R#*,%al o* L#0al T#n(#r. ?hoever %ithout la%ful e(cuse refuses to accept national money or currency, %hether in coins or notes, at the value for %hich they are legal tender, is punisha#le %ith fine or arrest. Articl# <<2.7 Fail,r# to R#+ort t"# Po%%#%%ion o* Co,nt#r*#it Mon#&. ?hoever having received spurious, counterfeit or de#ased coinage or notes does not report the fact to the appropriate pu#lic authority or hand them over to such authority, indicating the origin thereof if he kno%s it, as soon as may #e after he has #ecome a%are of their spurious nature or alteration, is punisha#le %ith fine or arrest.

Articl# <=0.7 U%# o* Illicit 5#i0"t% an( M#a%,r#%. ?hoever, apart from the cases punisha#le under the Criminal Code 6!rt. >A77, 6a7 makes use in his relations %ith third parties of seals %eights or measures %hich %ere not officially controlled or %hich are not in conformity %ith the relevant la%s, regulations or directives5 or 6#7 generally, contravenes the la%s, regulations or directives issued for the stamping, control and use of official %eights and measures, is punisha#le %ith fine or arrest %ithout pre"udice to confiscation %hen "ustified. Articl# <=1.7 U%# o* E;+ir#( or Fal%i*i#( Tran%+ort Titl#%.

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?hoever makes use, as if it %ere genuine or still valid, of a pu#lic transport ticket or voucher %hich is falsified, has e(pired or has already #een used, is punisha#le %ith fine or arrest. Articl# <=2.7 Fra,(,l#nt !#c,rin0 an( U%# o* D#0r##% an( C#rti*icat#%. ?hoever, apart from the cases punisha#le under the Criminal Code 6!rt. >957, %ith a vie% to securing an undue moral or material advantage8 6a7 commits a fraud in official e(aminations, competitions or entries for the purpose of o#taining a license or a certificate of professional capacity, a diploma or a degree, a post or employment in a pu#lic office or department5 or 6#7 avails himself of a certificate, diploma or degree %hich he does not possess or to %hich he is not entitled, is punisha#le %ith fine or arrest not e(ceeding one month. Articl# <=-.7 Unla1*,l MaCin0 o*/ Tra**icCin0 in/ an( 5#arin0 o*/ Ci.ilian D#coration% an( In%i0nia. ?hoever8 6a7 %ithout authori&ation makes or falsifies civilian decorations, medals or insignia, stores, distri#utes, sells or offers them for sale5 or 6#7 uses or %ears decorations, medals or insignia to %hich he is not entitled, is punisha#le %ith fine or arrest %ithout pre"udice to confiscation.

!#ction II.7

P#tt& O**#nc#% o* a Fi%cal/ A(mini%trati.# or Financial Nat,r#

Articl# <=4.7 ?iolation o* Pro.i%ion% D#alin0 1it" Fi%cal Ri0"t%.

255

?hoever, apart from the cases punisha#le under the Criminal Code 6!rts. >'>+>'57, contravenes the la%s, regulations or directives issued #y the competent authority regarding8 6a7 the sources of the national income, in particular ta(es, customs, post and telegraph, hunting and fishing rights, the use of the natural resources of the soil or su#+soil, or any other similar rights or sources of income5 or 6#7 the collection of official dues in respect of stamp and placarding duty, registrations, transfers of o%nership and other fiscal charges of the same nature, is punisha#le %ith fine or arrest. Articl# <=3.7 ?iolation% o* Pro.i%ion% D#alin0 1it" Illicit Tra**ic in 4ol(/ or C,rr#nci#%. ?hoever apart from the cases specified in !rticle >'A of the Criminal Code, violates la%s, regulations or directives, issued concerning gold or currency, %hether national or foreign, the dealings or rates of %hich are su#"ect to limitation, restriction or measures of control or protection, is punisha#le %ith fine not e(ceeding three hundred *irr or arrest not e(ceeding three months. Articl# <=:.7 ?iolation o* Pro.i%ion% on Pr#cio,% M#tal%. ?hoever, apart from the cases punisha#le under the Criminal Code 6!rt. >'77, contravenes the la%s, regulations or directives on the treatment, control, ac$uisition or sale of precious metals and minerals, is punisha#le %ith fine or arrest. Articl# <=<.7 ?iolation o* Pro.i%ion% R#0ar(in0 N#0otia'l# In%tr,m#nt%. ?hoever, contravenes the la%s, regulations or directives regarding negotia#le instruments, che$ues, #ills of e(change, as %ell as shares or #onds of commercial or industrial companies, is punisha#le %ith fine or arrest.

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Articl# <==.7 ?iolation o* Pro.i%ion% Conc#rnin0 !a.in0% an(

anC%.

?hoever contravenes the la%s, regulations or directives concerning the creation, opening, management and control of #anking esta#lishments or companies, or funds for the granting of loans or credit or any other pu#lic or private offices issuing invitations to the pu#lic for the deposit of funds or savings or for #anking or -tock (change transactions, is punisha#le %ith fine or arrest. Articl# <=2.7 ?iolation o* Pro.i%ion% R#0ar(in0 Lott#ri#%/ 4am'lin0 an( #ttin0. 617 ?hoever8 6a7 Pu#licly organi&es for profit lotteries, professional #etting or gam#ling %ithout having o#tained an authori&ation from the competent authority5 or 6#7 %ithout authori&ation organi&es for profit in a pu#lic place or a place open to the pu#lic or in a private clu# gam#ling or #etting or any other officially prohi#ited games of chance, or participates in such games or #etting5 or 6c7 in any other %ay contravenes the relevant la%s, regulations or directives, is punisha#le %ith fine or arrest. 6:7 4otteries and games of chance permitted #y la% and organi&ed for pu#lic or charita#le purposes are not punisha#le. Articl# <20.7 ?iolation o* Pro.i%ion% on Pric# Control. ?hoever8 6a7 sells metals, goods, products or o#"ects of any nature %hatsoever, %hether su#"ect to a monopoly or not, at a price higher than the price fi(ed in an official pricelist and duly pu#lished5 or 6#7 demands a higher price than prescri#ed or authori&ed #y la%, in particular in regard to leases or any other kind of rents5 or 6c7 in any other %ay contravenes the relevant la%s, regulations or directives, is punisha#le %ith fine or arrest.

257

Articl# <21.7 ?iolation

o*

Pro.i%ion%

R#0ar(in0 Or0aniBation/

E;#rci%# an( Control o* Tra(#% an( Pro*#%%ion%. ?hoever, apart from the cases punisha#le under the Criminal Code, contravenes the la%s, regulations or directives regarding the licensing, $ualifications, registration, e(ercise or control of commercial and industrial undertakings, artisans, professional persons, temporary or seasonal employments, or professional associations and societies of any kind, is punisha#le %ith fine or arrest.

CHAPTER III REACHE! OF MILITAR@ DUTIE! AND CONTRA?ENTION! A4AIN!T THE DEFENCE AND POLICE FORCE! Articl# <22.7 D#t#rminin0 Militar& Contra.#ntion%.

*reaches of military duties and crimes against military discipline, other than those mentioned in the provisions of the Criminal Code dealing %ith military crimes 6!rt. :9'+>:57 are specified in the Erders and 1egulations issued #y the appropriate authorities of the Defence .orces. Articl# <2-.7 Militar& Di%ci+linar& P#nalti#%.

617 ! mem#er of the Defence .orces of any rank or any other person in the service of the Defence .orces, a prisoner or a military internee %ho has #een guilty of a military petty offence shall #e punished #y the authority under %hich he serves %ith the disciplinary penalties provided #y the appropriate Defence .orces 1egulations. 6:7 !s regards ordinary crimes committed #y them, the said persons shall #e lia#le to the ordinary provisions and penalties, %ith the e(ceptions

258

specially 75'7.

provided

for

in

their

case

6!rt.

>19

and

Articl# <24.7 Contra.#ntion% a0ain%t t"# D#*#nc# Forc#%. !ny criminal activity directed against a mem#er of the Defence .orces or against the Defence .orces or the !u(iliary -ervices and any violation of orders, directives or regulations issued #y the appropriate military authority %hich are not punisha#le under the Criminal Code shall #e deemed to #e petty offences against mem#ers of the Defence .orces and shall #e punisha#le %ith fine or arrest on the usual conditions. Articl# <23.7 A++lication to t"# Polic#. 617 )he same principles shall apply as regards the punishment of the violation of orders, directives or regulations regarding the duties of the Police and the security %hich they are entitled to %hile on duty. 6:7 /othing in this !rticle shall affect the provisions regarding the acts performed #y mem#ers of the Police acting in the capacity of pu#lic servants.

CHAPTER I? PETT@ OFFENCE! A4AIN!T THE DUTIE! OF A PU LIC OFFICE OR A PU LIC AUTHORIT@ !#ction I.7 P#tt& O**#nc#% a0ain%t t"# D,ti#% o* a P,'lic O**ic# Articl# <2:.7 Mi%,%# o* A,t"orit& in t"# (i%c"ar0# o* a P,'lic O**ic#.

259

!ny pu#lic servant %ho, apart from the cases punisha#le under the Criminal Code 6!rt. '<77, e(ceeds the authority conferred upon him or misuses such authority, is punisha#le %ith fine or arrest not e(ceeding three months. Articl# <2<.7 Mi%,%# o* t"# Ri0"t o* Con%traint !ny pu#lic servant la%fully empo%ered to effect a house search, a sei&ure or a se$uestration, the application or removal of seals, or to effect a personal search or inspection, an arrest, a detention or placing under supervision, an interrogatory or any other similar act %ho, apart from the cases punisha#le under the Criminal Code 6!rts. '::+':'7, misuses his authority, in particular #y having recourse to ve(atious, offensive, indiscreet or incorrect methods, is punisha#le %ith fine or arrest. Articl# <2=.7 LacC o* Hon#%t&.

!ny pu#lic servant %ho, apart from the cases punisha#le under the Criminal Code 6!rts. '11+'197, takes undue advantage of his position to commit dishonest acts. is punisha#le %ith fine or arrest. Articl# <22.7 Un(,# Fa.o,rin0. !ny pu#lic servant %ho, apart from the cases punisha#le under the Criminal Code 6!rt, '<9,'<9 and '1'7, unduly favours, for a motive of personal interest, a person having recourse to his office, or placed under his authority, or for %hose care and custody he is responsi#le, is punisha#le %ith fine or arrest not e(ceeding three months. Articl# =00.7 Car#l#%% "an(in0 o.#r o* O**icial Pa+#r%. !ny pu#lic servant %ho8 6a7 issues or causes to #e issued or handed over a passport, an identity card, a permit, an e(tract from a "udgment register, a

260

certificate of good conduct or as to poverty, or in general any document or official attestation of a personal nature, to an unkno%n person %ithout having previously ascertained #y all usual means of checking the identity of the said person and his right to receive the document or instrument in $uestion5 or 6#7 allo%s a person freely to use such a document or instrument although he kno%s that he is neither the true holder thereof, nor has the right to use it, is punisha#le %ith fine or arrest not e(ceeding three months. Articl# =01.7Ca%#% o* Minor Im+ortanc#A Di%ci+linar& P,ni%"m#nt%. In the case of petty offences committed #y a pu#lic servant in the discharge of his official duties, the Court may, %hen the offence appears to it merely to "ustify disciplinary measures, %aive the penalty provided #y this Code and, on stating the reasons for its decision, refer the petty offender to the administrative authority to %hich he reports so that it may impose such punishment as it deems appropriate. !#ction II. 7 P#tt& O**#nc#% a0ain%t a P,'lic A,t"orit& Articl# =02.7 Dama0# to O**icial P,'lication%.

?hoever, apart from the cases punisha#le under the Criminal Code 6!rt. '>:7, removes, lacerates, impairs, o#literates, intentionally damages or soils official notices or placards pu#licly posted up, is punisha#le %ith fine not e(ceeding one hundred *irr or arrest not e(ceeding fifteen days. !rticle 9<>.+ .ailure to 2ake Compulsory Efficial -tatements or ntries.

617 ?hoever, apart from the cases punisha#le under the Criminal Code 6!rt. '>'7 or a special provision, omits or fails to make, %ithin the time limits prescri#ed #y la% or regulations, an official statement or entry of any nature %hatsoever %hich he is #ound to make,

261

is punisha#le %ith fine or arrest not e(ceeding fifteen days. 6:7 /othing in this !rticle shall affect the special provisions dealing %ith compulsory professional declarations in health matters 6!rt. 9>57. !rticle 9<'.+ @ndue Pu#lications.

?hoever, apart from the cases punisha#le under the Criminal Code 6!rts. '>5 and '517, contravenes any official directives, regulations or orders prohi#iting the disclosure of acts, deli#erations or decisions of an authority, is punisha#le %ith fine or arrest. !rticle 9<5.+ !#use of 1ight.

?hoever, apart from the cases punisha#le under the Criminal Code 6!rt. '>A7, kno%ingly continues to e(ercise a right %hich he has lost #y la% or has assigned, or of %hich he has #een de#arred or deprived, %hether permanently or temporarily, #y the declaration of a "udicial authority, is punisha#le %ith fine or arrest. !rticle 9<A.+ 1efusal to 4end !ssistance to a Pu#lic !uthority. ?hoever, apart from the cases punisha#le under the Criminal Code 6!rt. ''<7, on #eing duly re$uested or summoned #y a representative of a pu#lic authority acting in the discharge of his official duties to lend him indispensa#le help or assistance, %ith a vie% in particular to preventing a #reach of the peace, the commission of a petty offence or the escape of a petty offender, refuses so to do %ithout any reason of force ma"eure or the risk of a serious danger to his person or property, is punisha#le %ith fine not e(ceeding one hundred *irr or arrest not e(ceeding one month. !rticle 9<7.+ 1efusal to E#ey an In"unction.

262

617 ! person %ho, apart from the cases punisha#le under the Criminal Code 6!rt. ''<7, on #eing duly re$uested or ordered #y a pu#lic servant acting in the discharge of his duties, refuses8 6a7 to supply his name or identity, his occupation, residence, address or any other particular relating to his personal status, or gives inaccurate information in respect thereto5 or 6#7 to stop or move on, to free a pu#lic thoroughfare, to allo% his papers, luggage or any suspicious things he carries a#out him to #e e(amined, or to comply %ith any other order of a similar nature, is punisha#le %ith fine not e(ceeding one hundred *irr or arrest not e(ceeding one month. 6:7 ?hoever gives inaccurate information in respect to the particulars specified in su#+article 16a7 of this !rticle is lia#le to the same punishment. CHAPTER ? PETT@ OFFENCE! A4AIN!T PU LIC !AFET@/ PEACE AND !ECURIT@ !#ction I.7 O**#nc# a0ain%t P,'lic !a*#t& Articl# =0=.7 Control o* Arm% an( Amm,nition. ?hoever, apart from the cases of traffic punisha#le under the Criminal Code 6!rt. '9178 6a7 contravenes the la%s, regulations or directives concerning the making and declaration, the trade in, possession or delivery, control or use of fire arms or other %eapons and ammunition5 or 6#7 kno%ingly sells or delivers to persons not entitled to receive them, and in particular to infants or young persons, arms or ammunition or allo%s them to dispose of them %ithout supervision, is punisha#le %ith fine or arrest. !rticle 9<9.+ Carrying and @se of Prohi#ited !rms. ?hoever is found carrying in a pu#lic place an arm %hich he %as not authori&ed to ac$uire o entitled to carry, or makes use of an arm, even though authori&ed, at a time %hen or in a place %here such use is prohi#ited,

263

is punisha#le %ith tine not e(ceeding one hundred *irr or arrest not e(ceeding eight days. !rticle 91<.+ Control of !liens.

?hoever, apart from the cases specified in !rticle :'> of the Criminal Code, contravenes the la%s, regulations or directives and regulations concerning the transit, declaration, residence, esta#lishment of aliens or their control, is punisha#le %ith fine or arrest. !rticle 911.+ @nauthori&ed Change or !ssumption of !nother /ame. 617 ?hoever %ith the intention of concealing his identity or of evading control #y a competent authority unla%fully assumes a fictitious surname, changes his true name, adds another name thereto or assumes the name of another, is punisha#le %ith fine or arrest. 6:7 )he la%ful use of a professional, literary or other pseudonym or of a recogni&ed nick+name does not fall under this !rticle. !#ction II.7 P#tt& O**#nc#% a0ain%t P,'lic P#ac#/ Tran9,illit& an( Or(#r

!rticle 91:.+ *reaches !gainst 4a%s Concerning the 2ass 2edia and !dvertisements. ?hoever contravenes the la%s, regulations or directives concerning the printing, pu#lication, deposit, sale, distri#ution or control of printed documents, pu#lic advertisement, posters, or notices transmitted through the radio, television, the Internet or other pu#lic media, is punisha#le %ith fine or arrest.

Articl# =1-/7 Alarmin0

Anno,nc#m#nt%/

N#1%

or P,'lication%.

?hoever, apart from the cases punisha#le under the Criminal Code 6!rt. '95 and '9A7, announces, spreads, pu#lishes or reports to the

264

authorities false, e(aggerated or #iased ne%s intended to or capa#le of pertur#ing pu#lic order or tran$uility, is punisha#le %ith fine or arrest. !rticle 91'.+ .alse !larm.

?hoever, #y kno%ingly launching or addressing them un%arranted summons for help, or #y conveying them false communications, sets in motion8 6a7 the services of pu#lic authorities or pu#lic relief departments, transportation, hospitali&ation or rescue services, police, fire #rigade or other similar services5 or 6#7 physicians or persons e(ercising a therapeutic activity, is punisha#le %ith fine or arrest not e(ceeding fifteen days. !rticle 915.+ Distur#ance of ?ork or 1est of Ethers.

617 ?hoever distur#s the %ork, rest or tran$uillity of others, in particular #y #ra%ls and %rangles, shouts, songs, vociferations or uproars, signals, calls or the ringing of #ells, or #y the a#use of noisy instruments, apparatus, machines or other noise+producing articles, is punisha#le %ith fine not e(ceeding one hundred *irr. 6:7 If the noise or distur#ance is caused at night as defined in the police regulations or #y custom, or is %illfully caused in the vicinity of hospitals, schools or similar institutions or, generally, if it is caused in a deli#erately %icked or mischievous manner, the Court may impose a fine or arrest not e(ceeding one month. !rticle 91A.+ *lasphemous or -candalous @tterances or !ttitudes. ?hoever, apart from the cases punisha#le under the Criminal Code 6!rts '9: and '9>7, in a pu#lic place or in a place open to the pu#lic or that can #e vie%ed #y the pu#lic, #y gestures or %ords scoffs at religion or e(presses himself in a manner %hich is #lasphemous, scandalous or

265

grossly offensive to the feelings or convictions of others or to%ards the Divine *eing or the religious sym#ols, rites or religious personages, is punisha#le %ith fine or arrest not e(ceeding one month. !rticle 917.+ E#servance of Efficial Bolidays. ?hoever contravenes the la%s, regulations or directives concerning compulsory holidays, is punisha#le %ith fine or arrest not e(ceeding eight days. !rticle 919.+ 2easures against !lcoholism. ?hoever, apart from the cases punisha#le under the Criminal Code8 6a7 contravenes the la%s, orders or regulations concerning the manufacture of and trade in alcohol and distilled #everages5 or 6#7 sells, #uys or consumes alcohol in a pu#lic esta#lishment outside the la%ful hours5 or 6c7 sells, offers, serves or allo%s to #e served in a pu#lic place alcohol in su#stantial $uantities to infants or young persons, persons %ho are irresponsi#le, or are manifestly drunk or dangerous5 or 6d7 intentionally induces another to #ecome ine#riated, ine#riates another or himself in a pu#lic place or in a place open to the pu#lic or that can #e vie%ed #y the pu#lic, is punisha#le %ith fine or arrest not e(ceeding one month. !rticle 919+ Causing Pu#lic -candal %hile Drunk or Into(icated. ?hoever, #eing drunk or into(icated, causes scandal or disorder or utters threats in a pu#lic place, is punisha#le %ith fine not e(ceeding one hundred *irr or arrest not e(ceeding eight days %ithout pre"udice to safety measures of an administrative nature that may seem "ustified. !rticle 9:<.+ -upervision of Inns.

266

)he o%ner, manager or keeper %ho contravenes the la%s, regulations or directives concerning inns, eating+houses, hotels and pu#lic houses, in particular as regards8 6a7 the right to run such an esta#lishment and the re$uirements and safeguards applying thereto5 or 6#7 the opening and closing hours or any other la%, regulation, or rule is punisha#le %ith fine or arrest. !rticle 9:1.+ -upervision of )heatrical Performances and ntertainments.

)he o%ner, organi&er, director, manager or agent %ho contravenes the la%s, regulations or directives concerning theatrical performances and entertainments of any kind %hatsoever, in particular in regard to8 6a7 the permission to organi&e or offer them to the pu#lic or the conditions of their management and safeguards relating thereto other than those specified in !rticle 9:A5 or 6#7 censorship and the prior re$uirements imposed in the interests of decency, pu#lic order or the protection of infants and young persons5 or 6c7 opening or closing times or authori&ed time of performance, or any other la% regulation or measure of supervision applying to places or esta#lishments used for pu#lic or private theatrical performances or entertainments, is punisha#le %ith fine or arrest. !rticle 9::.+ -candalous )reatment of animals.

! person shall #e punisha#le %ith fine or arrest if8 6a7 in a pu#lic place or a place open to the pu#lic or %hich can #e vie%ed #y the pu#lic, and %ithout "ustification, he commits acts of cruelty to%ards animals or inflicts upon them ill+treatment or revolting violence or #rutality5 or 6#7 he organi&es sho%s or entertainments in %hich animals are treated %ith cruelty, are mutilated or killed, %hether it #e fights

267

#et%een animals or %ith animals, shooting of captive animals or other petty offences of a similar kind. !#ction III.7 P#tt& O**#nc#% a0ain%t P,'lic !#c,rit& Articl# =2-.7 P#tt& O**#nc#% a0ain%t ot"#r +#r%on%G !a*#t&. ?hoever endangers the safety of another person8 6a7 #y setting against him dogs or dangerous animals or #y not restraining them to the #est of his a#ility5 or 6#7 #y thro%ing at him stones, hard or cutting o#"ects or any other things or su#stances capa#le of causing harm, %ounds or in"ury5 or 6c7 #y placing or setting, %ithout previously o#taining permission from the Police or giving pu#lic notice, traps, alarm appliances or any other dangerous devices, is punisha#le %ith fine not e(ceeding one hundred *irr or arrest not e(ceeding one month. Articl# =24.7 Fail,r# to E;#rci%# Pro+#r !,+#r.i%ion o.#r (an0#ro,% Persons or animals. ?hoever8 6a7 contravenes the la%s, regulations or directives or fails to take the necessary precautions, concerning the custody of or supervision over lunatics, irresponsi#le persons, as %ell as dangerous or ferocious animals, or 6#7 intentionally omits to %arn the competent authority of the escape or running a%ay of such persons or animals, is punisha#le %ith fine not e(ceeding one hundred *irr or arrest not e(ceeding one month. !rticle 9:5.+ Control of )raffic at /ight.

?hoever fails to comply %ith orders issued #y local authorities regarding curfe% and the prohi#ition or restriction of traffic at night %ithout permission,

268

is punisha#le %ith fine not e(ceeding one hundred *irr or arrest not e(ceeding one month. !rticle 9:A.+ -upervision of *uildings.

?hoever, apart from the cases punisha#le under the Criminal Code 6!rt. 5<17, contravenes the la%s, regulations or directives relating to8 6a7 the erection, upkeep, repair or demolition of #uildings of any kind %hatsoever, %hether pu#lic or private5 or 6#7 the safety of pu#lic places, halls, places or installations used for theatrical performances and entertainments or the holding of meetings, or premises for ha#itation, trade of industry, is punisha#le %ith fine or arrest. !rticle 9:7.+ Control of -treets and Pu#lic Places.

?hoever impairs pu#lic safety, in particular5 6a7 #y depositing, suspending, unloading or thro%ing at a crossing or a pu#lic place or a place accessi#le to the pu#lic materials, gar#age, refuse, o#"ects or things of any nature %hatsoever capa#le of causing an apprecia#le risk or nuisance %ithout o#serving the relevant directives or taking the necessary precaution5 or 6#7 #y neglecting to place a %arning, notice, or light the materials or o#"ects thus e(posed or deposited, or the e(cavations, erections or %orks affected in such a place, or #y removing or interfering %ith, %ithout necessity or ade$uate reasons, lights placed in the interests of the pu#lic, is punisha#le %ith fine or arrest. !rticle 9:9.+ ndangering -afety of Communications.

?hoever, apart from the cases punisha#le under the Criminal Code 6!rts. 5<5+51>7, contravenes the la%s regulations or directives relating to the licensing, conditions and supervision of the traffic of pedestrians, animals or vehicles of all kinds, as %ell as the declaration, e$uipment, upkeep and use of the latter, is punisha#le %ith fine or arrest.

269

!rticle 9:9.+ Control of .ire,

(plosive and Dangerous -u#stances.

?hoever, apart from the cases punisha#le under the Criminal Code 6!rts. '9'+5<<78 6a7 contravenes the preventive, protective and safety la%s, regulations or directives concerning fires and fire control, in particular in relation to installation, %hether electric or other, and to the o#ligation to insulate, maintain and repair chimneys, furnaces, #oilers or apparatus in %hich fire is used5 or 6#7 contravenes the la%s, regulations or directives prohi#iting against e(ploding in certain places, or %ithout taking the re$uisite precautions, mines, #om#s, mortars, fire%orks or s$ui#s or against launching lighted #alloons or against making any similar use of e(plosive or inflamed materials5 or 6c7 contravenes the la%s, regulations or directives manufacture or preparation, possession, handing transport, sale, purchase or use of oils and petroleum and their derivatives, gunpo%der and all e(plosive, inflamma#le, to(ic, corrosive or dangerous su#stances, is punisha#le %ith fine or arrest. CHAPTER ?I PETT@ OFFENCE! A4AIN!T PU LIC HEALTH AND H@4IENE !rticle 9><.+ Control of Pu#lic Bealth and -alu#rity. ?hoever, apart from the cases punisha#le under the Criminal Code 6!rts. 51'+ 5:'7, contravenes thedirectives or regulations regarding8 6a7 the cleanliness, salu#rity and hygiene of %ater and %ater installation, pu#lic places and esta#lishments, houses and ha#itations, factories, plants and industrial and commercial premises5 or 6#7 6#7 the prevention, declaration, prophylactic treatment and control of diseases, in particular mental and contagious diseases, epidemics and epi&ootic diseases5

270

6c7

the prevention, limit, arrest or the control in general of environmental pollution,

is punisha#le %ith fine or arrest. Articl# =-1.7 Control o* To;ic !,'%tanc#% an( Dr,0%. ?hoever, apart from the cases punisha#le under the Criminal Code 6!rt. 5:578 6a7 gro%s, manufacturers or prepares, sells, offers for sale, delivers or gives %ithout la%ful permission or an e(press medical prescription, %here such are re$uired, plants, su#stances, medicines or products %hich are narcotic, to(ic, poisonous, no(ious or dangerous for the health5 or 6#7 in defiance of directives prescri#ed #y la% or the directives dictated #y common prudence %illfully sells, offers for sale or delivers such su#stances or products, even %hen their delivery is not e(pressly prohi#ited %ithout an authori&ation, to persons %ho are irresponsi#le, to infants or young persons, sick persons %ho are irresponsi#le, to infants or young persons, sick persons or individuals for %hom they are manifestly dangerous or unsuita#le5 or 6c7 keeps or handles such su#stances or products %ithout taking the precaution re$uired #y official or professional regulations, custom or the dictates of common prudence, in particular %hen there is a risk of mistake or confusion5 or 6d7 fails to %arn other persons of the danger of poisoning or into(ication kno%n to him, %hen it is his duty and he is a#le to do so, is punisha#le %ith fine or arrest. !rticle 9>:.+ 1endering another Person @nconscious or -tupefied. 617 ! person shall #e punisha#le %ith fine or arrest %hen, apart from the cases punisha#le under the Criminal Code 6!rts. 5>: and 5>>7, he su#"ects another person to a treatment or practices of any nature %hatsoever a#olishing or altering the faculties of consciousness or free determination %ithout #eing authori&ed so to do #y his professional status and in conformity %ith generally accepted medical or pharmaceutical practice.

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6:7 2edical e(periments or hypnotic passes or e(ercises in hypnotism or transmission of thoughts or conduct from a distance duly authori&ed and carried out #y %ay of mere entertainment shall not e punisha#le. !rticle 9>>.+ Control of .oodstuffs, *everages and other Commodities. ?hoever, apart from the cases punisha#le under the Criminal Code 6!rt. 5:7 and 5:97, contravenes the la%s regulations or directives regarding8 6a7 the permission for the keeping or sale, the transport, preservation, sale and control of foodstuffs, meat, milk, #everages, %hether alcoholic or not, commodities and fodder5 or (b) the opening and closing, running and control of market places, is punisha#le %ith fine or arrest. !rticle 9>'.+ Bospitals. ?hoever, apart from the cases punisha#le under the Criminal Code 6!rts. 5>5 and 5>A7, contravenes the la%s, regulations or directives regarding8 6a7 the permission to practice, and the practice of, the medical, pharmaceutical and veterinary professions and au(iliary professions of any kind %hatsoever including physiotherapy, natural therapeutics and chiropractic5 or 6#7 the sale or delivery of drugs and medicines5 or 6c7 the opening, declaration, management or running of places or esta#lishments for cures, %hether for outdoor or in+door patients, of any nature %hatsoever, is punisha#le %ith fine or arrest. !rticle 9>5.+ .ailure to 2ake Compulsory /otifications. Physicians, dentists, chemists, mid%ives, veterinary+surgeons and all persons officially authori&ed to attend patients, %ho fail to #ring to the notice of the competent authority facts %hich, under la%, they are o#liged to notify, in particular %ith a vie% to preventing the spread of 1egulation of the 2edical and )herapeutic Professions and

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contagious diseases, drug+addiction, or epi&ootics, or activities of a criminal nature or dangerous for the community as a %hole, are punisha#le %ith fine not e(ceeding five hundred *irr, or in more serious cases or cases of recidivism, %ith arrest. !rticle 9>A.+ .ailure to !fford !ttendance. Physicians, chemists, veterinary+surgeons, mid%ives or any other person authori&ed to practice a therapeutic profession %ho, apart from the cases punisha#le under the Criminal Code 6!rt. 5>7 and 5757, fail %ithout la%ful cause to attend professionally shall #e lia#le to the penalties stipulated in the preceding !rticle, %hen such failure to act entails a danger or a risk for another person. !rticle 9>7.+ 1egulation of *urials and Cremations. ?hoever contravenes the la%s, regulations or directives regarding the e(posure of the dead, #urials and cremations, is punisha#le %ith fine or arrest. TITLE II PETT@ OFFENCE! A4AIN!T PER!ON! AND PROPERT@ CHAPTER I 4ENERAL PRO?I!ION! Articl# =-=.7 4#n#ral Pro.i%ion R#0ar(in0 P#tt& O**#nc#% not Co.#r#( Un(#r t"i% Titl#. ?hoever, apart from the cases provided #y this Code, contravenes the la%s, regulations, orders, directives or measures issued for the protection of persons or property, shall #e punisha#le %ith fine or arrest to #e fi(ed in accordance %ith the general provisions of this Code, if his act is not other%ise punisha#le under the Criminal Code or special legislation.

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Articl# =-2.7 4#n#ral Pro.i%ion R#0ar(in0 Partici+ation o* a >,ri(ical P#r%on in P#tt& O**#nc#% Un(#r t"i% Titl#. 617 ! "uridical person shall #e deemed a petty offender and punished in accordance %ith !rticle 75: and 7A9+77<, %here its official or employee violates one of the provisions in this )itle #y infringing la%s, regulations or directives as a petty offender 6!rts. >: and >'7 in connection %ith the activity of the "uridical person %ith the intent of promoting its interest #y an unla%ful means or #y violating its legal duty or #y unduly using the "uridical person as a means. 6:7 ?here the manager, attorney, mem#er, administrator or mem#er of the controlling or %inding+up authority of a "uridical person takes part in the commission of a petty offence according to su#+article 617 a#ove due to his position in its management, he shall #e punisha#le in accordance %ith the relevant provisions of this )itle.

CHAPTER II PETT@ OFFENCE! A4AIN!T PER!ON! !#ction I.7 P#tt& O**#nc#% R#latin0 to t"# Prot#ction o* P#r%on%. Articl# =40.7 A%%a,lt an( Minor Act% o* ?iol#nc#. ?hoever, apart from the cases punisha#le under the Criminal Code 6!rt. 5A< 61778 6a7 commits an assault or minor acts of violence against another person, %ithout striking or %ounding the said person, or 6#7 deli#erately or negligently thro%s at another person filth or an o#"ect or li$uid likely to inconvenience or soil him, is punisha#le %ith fine not e(ceeding one hundred *irr or arrest not e(ceeding eight days. Articl# =41.7 Conc#alm#nt o* a Cor+%#. ?hoever,

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6a7 has hidden, #uried, dro%ned, cremated or caused to disappear in any other manner a still+#orn child or a child alleged to have #een still #orn, or human corpse, %ithout notifying the fact to the competent authority, or has failed to notify to the said authority of the discovery of a corpse5 or 6#7 having %ounded or killed another in self defence or in a state of necessity, failed to notify the fact forth%ith to the competent authority, is punisha#le %ith fine or arrest. Articl# =42.7 P#tt& O**#nc#% a0ain%t P#r%onal Li'#rt&. ?hoever, apart from the cases punisha#le under the Criminal Code 6!rt. 5957, causes an infant, or young person, an irresponsi#le or mentally deficient person, or a person placed under his authority either #y la% or other%ise, to #e admitted to or detained in a pu#lic or private institution, or admits to or detains such an institution contrary to the regulations or safeguards laid do%n #y la%, is punisha#le %ith fine or arrest. Articl# =4-.7 In*rin0#m#nt o* t"# Ri0"t to Pri.at# !#cr#c&. ?hoever, in cases of minor importance or cases of negligence not deserving to #e punished under the Criminal Code 6!rt. A<A7, violates the right to the secrecy of private life, correspondence or persona matters for %hatever motive, is punisha#le %ith fine or arrest not e(ceeding fifteen days. Articl# =44.7 !li0"t P#tt& O**#nc#% a0ain%t Hono,r. In cases of slight insult or offensive #ehaviour not deserving to #e punished under the Criminal Code 6!rt. A157, in particular in the a#sence of pu#licity or %hen the significance of the insult or offensive #ehavior %as not understood #y third parties or #y the aggrieved party, the Court shall impose a fine not e(ceeding one hundred *irr or arrest not e(ceeding eight days, su#"ect to the general provisions relating to e(emption from penalty in cases of retaliation or retractation.

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Section II.-

Petty Offences against Morality

Articl# =43.7 P#tt& O**#nc#% a0ain%t D#c#nc& an( Moralit&. ?hoever, apart from the cases punisha#le under the Criminal Code 6!rt. A>9+A'17, intentionally offends morality or decency in a pu#lic place or a place %ithin the vie% of the pu#lic, is punisha#le %ith fine or arrest. Articl# =4:.7 Immoral !olicitin0 an( D#'a,c"#r&.

?hoever in the street or in a pu#lic place or in a place accessi#le to the pu#lic8 6a7 %ith an intent contrary to decency or morality molests a person %ho is not soliciting5 or 6#7 #y improper soliciting incites another person to se(ual intercourse or to committing an act contrary to decency or acts of de#auchery of any kind %hatsoever5 or 6c7 #y engaging in prostitution or de#auchery, is a nuisance to the occupiers of the d%elling or the inha#itants of the neigh#ourhood, is punisha#le %ith fine or arrest not e(ceeding one month. Articl# =4<.7 A(.#rti%in0 *or D#'a,c"#r&.

?hoever, %ith a vie% to encouraging de#auchery or satisfying the se(ual urge of others, pu#licly advertises #y any means that de#auchery may #e en"oyed in a particular place, is punisha#le %ith fine or arrest. Articl# =4=.7 P,'licit& r#latin0 to A'ortion.

?hoever, apart from the cases permitted #y la%, advertises or offers for sale means or product designed to cause a#ortion, or pu#licly offers his services to perform a#ortion, is punisha#le %ith fine or arrest.

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CHAPTER III PETT@ OFFENCE! A4AIN!T PROPERT@ !#ction I7 Prot#ction o* t"# National 5#alt"

Articl# =42.7 Prot#ction o* Hi%torical/ Arti%tic an( Nat,ral Ric"#%. ?hoever, apart from the cases punisha#le under the Criminal Code, contravenes the la%s, regulations or directives8 6a7 protecting the national historical, archaeological and artistic %ealth or the natural sites, springs or riches of any nature %hatsoever5 or 6#7 rendering compulsory the declaration of the discovery of historical, archeological, geographical or natural riches of national interest, or prohi#iting, limiting or controlling the trade in, or e(port of, anti$uities or precious or protected o#"ects of any nature %hatsoever5 or 6c7 punishing anyone %ho impairs the value, defaces or places in "eopardy an historical or archaeological monument, a natural site or a specifically protected place, is punisha#le %ith fine or arrest. Articl# =30.7 Prot#ction o* t"# Flora an( Fa,na.

?hoever contravenes the la%s, regulations or directives for the protection and safeguard of the national ar#orescent species, flora and fauna, is punisha#le %ith fine or arrest. !#ction II.7 P#tt& O**#nc#% a0ain%t Pro+#rt& Articl# =31.7 Prot#ction o* P,'lic an( Pri.at# Pro+#rt&.

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?hoever, apart from the cases punisha#le under the Criminal Code 6!rt. A95+ A977, contravenes the la%s, regulations or directives protecting pu#lic or private property and in particular8 6a7 removes, %ithout due authori&ation, from a pu#lic or private place, earth, stones, %ood, sand or materials, grass, hedge, plants or seeds5 or 6#7 enters or goes over %ithout #eing entitled thereto, in any season %hatever, enclosed or so%n land, or land #earing crops or fruit, or causes or allo%s his cattle or his mounts to go over such land or pasture thereon5 or 6c7 unla%fully enters reserved hunting or fishing land, is punisha#le %ith fine or arrest. Articl# =32.7 P#tt& T"#*t.

617 ?hoever, prompted #y need or desire or #y lack of conscience, takes a thing of small value #elonging to another for his immediate consumption or use, is punisha#le %ith fine not e(ceeding fifty *irr or arrest not e(ceeding fifteen days. )he Court may impose no punishment %hen the petty offender %as urged #y hardship or need duly proven. 6:7 ! petty theft committed to the pre"udice of an ascendant, a descendant or a spouse not legally separated shall not #e punisha#le. 6>7 !ccording to the circumstances of the case. custom and the o#"ect of the theft, the Court shall appreciate %hether the stolen thing must #e regarded as of small value and %hether an intention to secure an illicit enrichment, %hich is the constituent element of theft 6!rt.AA57 ,must not #e admitted. Articl# =3-.7 Pil*#rin0 an( 4l#anin0. ?hoever in any season of the year8 6a7 %ithout leave takes or gathers in order to eat them on the spot, fruit, #erries, grains, vegeta#les and other agricultural or horticultural products #elonging to another person5 or

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6#7 gleans, rakes or picks in fields, orchards or lane o%ned #y another and from %hich crops have not yet #een fully gathered, or does such acts at any time comprised #et%een sunset and sunrise, is punisha#le under the proceeding !rticle. Articl# =34.7 Un8,%ti*i#( Po%%#%%ion o* !,%+icio,% Articl#%.

?hoever is found in possession of keys, hooks, pincers instruments or %eapons, or securities, articles or o#"ects the origin of %hich he cannot e(plain satisfactorily or the use of %hich he cannot "ustify, is punisha#le %ith fine not e(ceeding one hundred *irr or arrest not e(ceeding fifteen days. Articl# =33.7 Fail,r# to Noti*& t"# Com+#t#nt A,t"orit& an( Conc#alm#nt o* Pro+#rt&. ?hoever omits to notify the competent authority, as soon as circumstances and material conditions ena#le him so to do, 6a7 upon his finding an o#"ect mislaid or lost #y another person, or a treasure 6!rt. A9<75 or 6#7 upon ac$uiring or receiving in any capacity %hatsoever o#"ects of any nature originating, %ithout his kno%ledge, from a theft or another offence against another person,s property, the felonious origin of %hich he su#se$uently suspected, kne% or ascertained, is punisha#le %ith fine or arrest not e(ceeding one month. Articl# =3:.7 D#*ac#m#nt or D#+r#ciation o* Anot"#r P#r%onG% Pro+#rt&. ?hoever, apart from the cases punisha#le under the Criminal Code 6!rt. A99 and A9<6177, defaces or depreciates another person,s property, %hether #y inade$uate maintenance of houses, #uildings or %alls for the upkeep of %hich he is responsi#le, #y %orks effected on another person,s land, #y its o#struction or the o#struction of its %ays of access, #y the discharge thereon of materials or o#"ects, #y the diversion or defective upkeep of %ater or drains, #y #ad driving or e(cessive speed or loading of vehicles or #easts of draught or #urden or

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mounts, #y the unskillful or careless use of arms or instruments, or #y any other fault or negligence of %hich he may #e guilty, is punisha#le %ith fine or arrest. Articl# =3<.7 Dama0# to P,'lic Mon,m#nt%.

?hoever, apart from the case of su#stantial damage to property punisha#le under the Criminal Code 6!rt. A9< 6:77, soils or defaces monuments, #uildings statues or other o#"ects intended for pu#lic use or en"oyment, is punisha#le %ith fine or arrest. !#ction III.7 P#tt& O**#nc#% a0ain%t Pro+#rt& in 4#n#ral Articl# =3=.7 Malicio,% In8,r& to Anot"#r P#r%onG% Int#r#%t%. ?hoever, %ithout any intent to secure an illicit enrichment, causes another person to do acts detrimental to his proprietary interests or those of a third party #y resorting to deceptive or fraudulent methods %hether out of malice, intent to in"ure or for any other reason, is punisha#le %ith fine or arrest not e(ceeding one month. Articl# =32.7 Filc"in0.

?hoever, kno%ing that he is una#le to pay, orders or o#tains foodstuffs, #everages, accommodation or #enefits of any kind %hatsoever in esta#lishments such as #oarding houses, eating houses, inns or hotels catering for the pu#lic, is punisha#le %ith fine or arrest not e(ceeding one month Articl# =:0.7 Fra,(,l#nt o'tainin0 o* ot"#r #n#*it%.

?hoever fraudulently o#tains %ithout payment #enefits %hich he kne% to #e o#taina#le only against remuneration, in particular8 6a7 conveyance #y pu#lic or private means of transport of any kind %hatsoever, on land, #y air or #y %ater5 or 6#7 admittance to a sho%, entertainment, performance, e(hi#ition or any other similar function organi&ed for profit5 or 6c7 o#taining goods supplied #y a vending machine,

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is punisha#le %ith fine or arrest not e(ceeding one month. Articl# =:1.7 H,acC#r&. ?hoever, apart from the cases punisha#le under the Criminal Code 6!rt. 7<<75 6a7 o#tains money #y taking advantage of the credulity of others #y sooth+ saying in any form %hatsoever, #y calling upon spirits, #y indicating means for finding a treasure, or in any similar manner5 or 6#7 pu#licly offers, #y advertising or other%ise, to resort to such practices for gain, is punisha#le %ith fine or arrest not e(ceeding one month. Articl# =:2.7 Una,t"oriB#( Coll#ction%.

?hoever pu#licly collects funds or appeals for money %ithout #eing authori&ed so to do #y la% or the competent authority, is punisha#le %ith fine or arrest. )his !rticle shall not apply to collection made in #uildings dedicated to the practice of religion, or in private, professional sporting or other clu#s, societies or circles, in particular if made for purposes of charity or upkeep. CHAPTER I? PETT@ ECONOMIC/ TRADE OR MARITIME OFFENCE! Articl# =:-.7 an( Acco,nt. r#ac" o* t"# Pro.i%ion% Conc#rnin0 t"# 6##+in0 o* ooC%

?hoever, in violation of a duty resulting from la%, a regulation or articles of association, fails or neglects to keep regularly and in good order #ooks and accounts, or to keep his correspondence, invoices and other #usiness papers for the prescri#ed time, is punisha#le %ith fine or arrest not e(ceeding one month. Articl# =:4.7 R#%i%tanc# to Com+,l%or& E;#c,tion. ! de#tor or a third party %ho, apart from the cases punisha#le under the Criminal Code 6!rt. 7:9+7><7, diso#eys an e(press and legitimate in"unction

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addressed to him #y the prosecuting or li$uidation authority, in particular as to his duty8 6a7 of announcing, declaring or producing o#"ects forming part of the assets, even though they are no longer in his possession, or credits, claims, de#ts, mortgages or any other o#ligations of the same kind5 or 6#7 of ans%ering a regular summons to #e heard or appear in the presence of other, attend a meeting, participate in a vote, or e(ercise any other activity prescri#ed #y the legal provisions relating to proceedings for de#t or compulsory e(ecution. is punisha#le %ith fine or arrest not e(ceeding eight days. Articl# =:3.7 ?iolation o* R#0,lation% r#0ar(in0 t"# M#rc"ant !#r.ic#. ?hoever contravenes the la%s, regulations or directives regarding the merchant service relating to8 6a7 security measures imposed upon the captain, the officers or the cre% of a ship in respect of the signaling, inspection, revision or control of he ship5 or 6#7 the keeping of log#ooks, registers or other documents5 or 6c7 the carrying of freight, cargo, mail or passengers, em#arkation and disem#arkation, loading and unloading, or movement at sea and in ports5 or 6d7 hygiene or health, is punisha#le %ith fine or arrest, if no other provision of the Criminal Code or of special legislation is applica#le.

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