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Breaches Of Public Confidence

BOOK IV CRIMES AGAINST THE PUBLIC INTEREST OR THE COMMUNITY
TITILE I BREACHES OF PUBLIC CONFIDENCE
CHAPTER I Falsification, Forgery And Suppression Of Instruments

Article 375- Material Forgery.
Whoever, with intent to injure the rights or interests of another, or to obtain for himself or to procure for another any undue right or advantage:
(a)    falsely executes an instrument, such as a writing, a deed or any document or material means constituting proof of, or capable of proving, a fact material, or susceptible of becoming material, to legal proceedings; or
(b)    makes use of the sign manual, signature, mark or stamp of another to make a false instrument; or
(c)    counterfeits an instrument, especially by changing his handwriting, by affixing to the instrument a false signature, mark or stamp, or by signing it in a false capacity purporting to certify its authorship; or
(d)    falsifies an instruments, especially by modifying, deleting, adding or altering, in whole or in part, the name or signature of its author or the terms, figure, facts or material details it contains,
is punishable with simple imprisonment for not less than three months, or, in more serious cases, with rigorous imprisonment not exceeding ten years.

Article 376- Intangible Forgery.
Whoever, with the intent specified in Article 375, falsely inserts or causes to be inserted in an instrument, while it is being drawn up, a fact possessing or susceptible of assuming legal significance,
is punishable under Article 375.

Article 377- Specified Cases.
Whoever, with the intent specified in Article 375:
(a)    deceives a third party about the contents of an instrument so that he affixes his signature thereto in the belief that he is signing another instrument, or an instrument of other content; or
(b)    delivers an instrument in the name of a person without that person’s consent, or in the name of a non-existent person,
is punishable under Article 375.

Article 378- Use of Forged Instruments.
Whoever knowingly makes use of a forged or falsified instrument, is punishable under Article 375.

Article 379- Forgery or Falsification of Public or Military Documents.
(1)    Where any of the crimes specified under the preceding provisions of this Chapter is committed on:
(a)    a public register, an official act, an act concerning public interests; or
(b)    an instrument entered into a public register or a holographic will; or
(c)    an instrument or document concerning national defence, or the Defence Forces or their organization, duties or affairs,
the punishment shall be rigorous imprisonment not exceeding fifteen years.
(2)    Where the crime is committed by a public servant, officially entrusted with the drawing up, filing, keeping or delivery of extracts from the registers, instruments, deeds or documents in question,
the punishment shall be rigorous imprisonment from five years to twenty-five years.
In very serious cases, the punishment may extend up to life imprisonment.

Article 380- Suppression of Instruments.
(1)    Whoever, with the intent specified in Article 375 damages, tears, destroys, suppresses or takes an instrument of which he has not the right of absolute disposal,
Is punishable with simple imprisonment not exceeding two years, in less serious cases, and with rigorous imprisonment not exceeding five years, in more serious ones.
(2)    Where the act has been done to the prejudice of a member of the criminal’s family, near relative or a person having common interest or ties of affection with the criminal, or a person cohabiting with him, proceedings shall be instituted only upon complaint.

Article 381- Suppression of Public or Military Documents.
(1)    Where the crime specified under Article 380 above concerns a public or military instrument, the punishment shall be rigorous imprisonment not exceeding ten years.
(2)    Where the crime is committed by a public servant, officially entrusted with the drawing up, registration, keeping, disposal or delivery of such instrument, the punishment shall be rigorous imprisonment not exceeding twenty-five years.
Where the commission of the crime is very grave, the punishment shall be rigorous imprisonment for life.
(3)    Where the crime is committed negligently, the punishment shall be simple imprisonment or fine.

Article 382- Falsification or Suppression of Commercial Instruments or Negotiable Securities.
(1)    Where the forgery or the use of the forged instrument or the act of causing another to make use of its concerns a bill of exchange, a cheque, a promissory note, a bank deposit book or other certificate of deposit in a bank, a credit card, or a document in an institution of deposit or loan, or a share certificate, the punishment shall be rigorous imprisonment not exceeding ten years.
(2)    Where the crime specified under Article 380 is committed on such documents or instruments, the punishment shall be rigorous imprisonment not exceeding ten years.
(3)    Where the crime specified under Article 380 is committed negligently on such documents or instruments, the punishment shall be simple imprisonment or fine.

Article 383- True or Certified Copies.
The forgery or suppression of true copies or certified true copies, which, in law, may be accepted as originals, is punishable under the relevant provisions of this Chapter.

Article 384- Falsification and use of False Public Transport Tickets.
(1)    Whoever, with intent to injure the rights or interests of another, or to procure for himself or another an undue advantage:
(a)    makes without lawful authority, falsifies or counterfeits, vouchers, passes or tickets for transport, whether by land, by sea or by air, or for persons, animals, objects or goods; or
(b)    after genuine tickets, vouchers or passes have been used, cancelled or punched, gives them the appearance of valid tickets, vouchers of passes in order to use them or to cause them to be used anew,
is punishable with simple imprisonment and fine.
(2)    Whoever knowingly makes use of such falsified or used tickets, vouchers or passes as if genuine,
Is punishable with fine, or, according to the circumstances of the case, with simple imprisonment not exceeding three months.

CHAPTER II FORGERY OF CERTITICATES

Article 385- Forged Certificates.
(1)    Whoever, for the purpose of obtaining for himself or procuring for another an advantage or betterment;
(a)    falsifies or counterfeits documents evidencing legitimate rights, personal papers, certificates or testimonials, no matter what their object, or knowingly hands such a paper to another to make unlawful use of its; or
(b)    knowingly makes use of paper thus falsified or counterfeited, or of a genuine paper not intended for his use or not relating to himself,
is punishable with simple imprisonment or fine.
Simple imprisonment shall not exceed one year in cases involving private certificates or testimonials, and shall not be less than three months in the case of official papers, such as identity cards or birth certificates, certificates of destitution, of good conduct or of fitness or unfitness, or of extracts from public registers or rolls.
(2)    Where the crime is committed by a public servant entrusted with the drawing up, filing, keeping or delivery of such papers, but without the intent of injuring the rights of another (Art. 375), the punishment shall be simple imprisonment from six months to five years or fine or both.
(3)    Where the crime is committed negligently, the punishment shall be fine not exceeding one thousand Birr.

Article 386- Fraudulent Procurement of false Official Certification.
Whoever, for the purpose of obtaining for himself or procuring for another an advantage or betterment:
(a)    induces, by deceit, a public servant or any other person authorized to verify or establish 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 fact; or
(b)    knowingly makes use of an attestation thus obtained to deceive another, is punishable with simple imprisonment or fine.

Article 387- Issuing False Medical Certificate.
(1)    Any doctor, dentist, pharmacist, veterinary surgeon, midwife or other person entitled professionally to issue certificates of a medical nature who makes out a certificate which is untrue and calculated to procure an unlawful advantage for, or to injure the legitimate interests of, another person, knowing that such certificate will be used,
is punishable with simple imprisonment or fine, without prejudice to secondary professional penalties (Art. 123(c)) in the event of repetition of the crime.
(2)    Where the false certificate has been issued for a consideration, a promise of a consideration, or other benefit, the punishment shall be rigorous imprisonment not exceeding ten years and fine not exceeding fifty thousand Birr.
(3)    Where the person who has made the false medical certificate is a public servant, and has acted in his official capacity, the punishment shall be simple imprisonment for not less than three years, or, where the case is serious, rigorous imprisonment not exceeding ten years in respect of a crime under sub-article (1); and rigorous imprisonment not exceeding fifteen years and fine not exceeding one hundred thousand Birr in respect of a crime under sub-article (2).
(4)    Whoever knowingly makes use of a false certificate to deceive another, is punishable with the penalty prescribed under sub-article (1) of this Article.

Article 388- Concurrent Crimes.
Where a person has obtained and used a false testimonial or a false certificate, or a genuine certificate not relating to himself or not intended for his use, with the intention of thereby committing a further crime, such as, in particular, breach of trust or fraudulent misrepresentation, and where such further crime has at least been attempted,
The Court shall determine the sentence in the light of the general rule relating to aggravation of the penalty in case of concurrence (Art. 66).

Article 389-  False Declaration and Entries.
(1)    Any employer, hotelier or innkeeper, or other person required by law to keep a register or list of individuals or activities subject to the control of the authorities, who intentionally:
(a)    enters, or causes or permits to be entered, names, dates or personal or material details which are untrue; or
(b)    omits to enter them or to cause them to be entered in accordance with the facts,
is punishable with simple imprisonment or fine.
(2)    Where the criminal has acted for pecuniary consideration, the punishment shall be simple imprisonment for not less than one year and fine.

Article 390- Instruments and Means of Falsification.
(1)    Whoever, with intent to make unlawful 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 punishable with rigorous imprisonment not exceeding five years and fine.
(2)    Whoever, of his own accord, destroys such material means or instrument before any use whatsoever has been made of them may be exempted from any punishment.

CHAPTER III FALSIFICATION OF GOODS

Article 391- Falsification and Adulteration.
Whoever, with intent to deceive another, falsifies, counterfeits, adulterates or alters goods,
is punishable with rigorous imprisonment not exceeding seven years and fine.

Article 392- Uttering.
(1)    Whoever, with intent to deceive another, offers, sells or utters falsified, counterfeit, adulterated or altered goods as genuine, unadulterated or intact, shall be liable to the punishment prescribed under Article 391 above.
(2)    Negligence is punishable with fine not exceeding ten thousand Birr in the gravest cases where it was the duty of the criminal, especially as a tradesman, to exercise particular circumspection or care.

Article 393- Importation, Exportation, Acquisition and Storing of Goods.
Whoever imports, exports, acquires or procures or accepts for storage falsified, counterfeited, altered or adulterated goods, for the purpose of deceiving another, or knowing that they are intended to deceive, Is punishable with rigorous imprisonment not exceeding seven years and fine.

Article 394- Aggravation and Collateral penalties.
(1)    Where the criminal had made a profession of the above mentioned crime, the punishment shall be rigorous imprisonment from five years to ten years, and a fine not less than five thousand Birr, according to the gravity of the case.
(2)    Nothing shall affect confiscation of the goods and publication of the sentence.

Article 395- Falsification and Adulteration Injurious to Health.
Nothing shall affect the provisions relating to the manufacture, adulteration and     sale of noxious or damaged foodstuffs, goods and other products capable of injuring health (Art. 527), which shall be applied where appropriate.