'National penalties - maximum penalty' in document 'Ethiopia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER I

FUNDAMENTAL CRIMES

Article 269.- Genocide.

is punishable with rigorous imprisonment from five years to twenty- five years, or, in more serious cases, with life imprisonment or death .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER I

FUNDAMENTAL CRIMES

Article 270.- War Crimes against the Civilian Population.

is punishable with rigorous imprisonment from five years to twenty- five years, or, in more serious cases, with life imprisonment or death .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER I

FUNDAMENTAL CRIMES

Article 271.- War Crimes against Wounded, Sick Shipwrecked Persons or Medical Services.

(1)is punishable in accordance with Article 270 .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER I

FUNDAMENTAL CRIMES

Article 272.- War Crimes against Prisoners and Interned Persons.

is punishable in accordance with Article 270 .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER I

FUNDAMENTAL CRIMES

Article 275.- Dereliction of Duty Towards the Enemy

is punishable with rigorous imprisonment, or, in cases of exceptional gravity, with life imprisonment or death .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER I

FUNDAMENTAL CRIMES

Article 276.- Use of Illegal Means of Combat.

from five years to twenty-five years; or, in the gravest cases, with life imprisonment or death .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER I

FUNDAMENTAL CRIMES

Article 279.- Maltreatment of, or Dereliction of Duty towards. Wounded, Sick or Prisoners.

is punishable with rigorous imprisonment nor exceeding five years .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER I

FUNDAMENTAL CRIMES

is punishable with simple imprisonment from three years to five years .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER II

CRIMES AGAINST HUMANITARIAN ORGANIZATIONS

Article 281.- Hostile Acts against International Humanitarian Organizations.

is punishable with simple imprisonment, or, in cases of exceptional gravity, with rigorous imprisonment not exceeding five years .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER II

CRIMES AGAINST HUMANITARIAN ORGANIZATIONS

Article 282.- Abuse of Emblems and Insignia of International Humanitarian Organizations.

is punishable with simple imprisonment, or, in cases of exceptional gravity, with rigorous imprisonment not exceeding five years .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE IV

CRIME AGAINST THE ADMINISTRATION OF JUSTICE

CHAPTER I

CRIMES AGAINST JUDICIAL PROCEEDINGS

Article 444.- Crimes against Whistleblowers or Witnesses.

(1) Whoever assaults, suppresses or harms any person who gives information or evidence to justice authorities or is a witness in criminal cases,
is punishable with simple imprisonment or fine.

(2) Where the crime has entailed grave harm to the body or health of the victim or his death, the relevant provision concerning such matters shall apply concurrently .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE IV

CRIME AGAINST THE ADMINISTRATION OF JUSTICE

CHAPTER I

CRIMES AGAINST JUDICIAL PROCEEDINGS

Article 446.- Misleading Justice.
Whoever:

a) falsely notifies the authorities of a crime which has not been committed, or falsely accuses himself of a crime which he has not committed; or

b) knowingly gives the authorities inaccurate information
in relation to criminal investigation or proceedings,
is punishable with simple imprisonment not exceeding six months, or fine not exceeding one thousand Birr .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE IV

CRIME AGAINST THE ADMINISTRATION OF JUSTICE

CHAPTER I

CRIMES AGAINST JUDICIAL PROCEEDINGS

Article 449.- Contempt of Court.
(1) Whoever, in the course of a judicial inquiry, proceeding or hearing,
(a) in any manner insults, holds up to ridicule, threatens or disturbs the Court or a judge in the discharge of his duty; or
(b) in any other manner disturbs the activities of the Court,
is punishable with simple imprisonment not exceeding one year, or fine not exceeding three thousand Birr.
The Court may deal with the crime summarily.

(2) Where the crime is not committed in open Court but while the judge is carrying out his duties, the punishment shall be simple imprisonment not exceeding six months, or fine not exceeding one thousand Birr.

(3) Where the crime is committed in open Court or during judicial proceedings with violence or coercion, the relevant provision shall apply concurrently (Art. 441) .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE IV

CRIME AGAINST THE ADMINISTRATION OF JUSTICE

CHAPTER II

PERJURY AND COGNATE CRIMES

Article 453. - False Testimony, Opinion or Translation.

(1) Whoever being a witness in judicial or quasi- judicial proceedings knowingly makes or gives a false statement or expert opinion, or hides the truth whether to the advantage or the prejudice of any party thereto,
is punishable, even where the result sought is not achieved, with simple imprisonment, or, in the more serious cases, with rigorous imprisonment not exceeding five years.

(2) Where a witness has been sworn or affirmed to speak the truth, the punishment shall be rigorous imprisonment not exceeding ten years, particularly where the result sought has been in whole or in part achieved.
Where, however, in a criminal case, the accused person has been wrongly convicted or has incurred rigorous imprisonment of more than ten years in consequence of the witness's act, the witness may himself be sentenced to the punishment which he has caused to be wrongfully inflicted.

(3) Any translator or interpreter who falsely translates or interprets anything in connection with such proceedings and the translation or the interpretation relates to facts material to the issue to be decided by the tribunal, shall be liable to the punishments under sub-article (1) or sub-article (2) above, according to the circumstances.

(4) Where due to its discovery, the false testimony, opinion, translation or interpretation is incapable of influencing the decision of the tribunal, the punishment shall be simple imprisonment not exceeding two years .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE IV

CRIME AGAINST THE ADMINISTRATION OF JUSTICE

CHAPTER II

PERJURY AND COGNATE CRIMES

Article 455.- Provocation and Suborning.

(1) Whoever, by 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 before the concerned organ in judicial or quasi-judicial proceedings,
is punishable, even where the act solicited has not been performed, with simple imprisonment, unless he is punishable for incitement in accordance with the provisions of the General Part (Art. 35).

(2) Whoever, by violence, intimidation or by promising or offering or giving undue advantage causes another to make false accusation or give false testimony or obstructs, through interference, the giving of testimony or the production of evidence in relation to a crime punishable with rigorous imprisonment for more than two years or obstructs law enforcement officials or public servants while exercising their official duties in relation to the same crime,
is punishable with rigorous imprisonment not exceeding seven years .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE IV

CRIME AGAINST THE ADMINISTRATION OF JUSTICE

CHAPTER II

PERJURY AND COGNATE CRIMES

Article 456. - Misrepresentation in Proceedings.

Whoever, apart from the cases provided for above, in the course of judicial or quasi-judicial proceedings, and with intent to deceive the tribunal, to obstruct proof or to pervert the course of justice with the object of securing a material or moral advantage, or of influencing, favourably or adversely, the decision of the tribunal:
a) conceals, purloins, destroys, damages or renders wholly or party unusable an instrument of title belonging to another, a document in the case, or any exhibit or proof of guilt whatsoever; or
b) hides, modifies, damages or alters the state of places things or persons,
is punishable, where the crime does not come under a more severe provision of this Code, with simple imprisonment, or in serious cases, with rigorous imprisonment not exceeding seven years .