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Crime Against The Administration Of Justice

TITLE IV CRIME AGAINST THE ADMINISTRATION OF JUSTICE
CHAPTER I CRIMES AGAINST JUDICIAL PROCEEDINGS

Article 443- Failure to Report a Crime.
(1)    Whoever, without good causes:
(a)    knowing the commission of, or the identity of the perpetrator of, a crime punishable with death or rigorous imprisonment for life, fails to report such things to the competent authorities; or
(b)    is by law or by the rules of his profession, obliged to notify the competent authorities in the interests of public security or public order, of certain crimes or certain grave facts, and does not do so,
is punishable with fine not exceeding one thousand Birr, or simple imprisonment not exceeding six months.
(2)    Nothing in this Article shall affect the provisions of Articles 254 and 335.

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.

Article 445- Harbouring and Aiding.
Whoever knowingly saves from prosecution a person who has fallen under a provision of criminal law, whether by warning him or hiding him, by concealing or destroying the traces or instruments of his crime, by misleading the investigation, or in any other way, Is punishable with simple imprisonment or fine.

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.

Article 447- False Denunciation or Accusation.
Whoever:
(a)    denounces to the authorities as the perpetrator of a crime a person he knows to be innocent; or
(b)    has in any other way, especially by feigning a crime or making an anonymous or inaccurate denunciation, intrigued with the object of causing such proceedings to be taken against an innocent person,
is punishable with rigorous imprisonment not exceeding five years and fine. However, where the false denunciation or accusation has resulted in a more severe punishment he himself shall be sentenced to the punishment which he has caused to be wrongfully inflicted upon the innocent person.

Article 448-  Refusal to Aid Justice.
(1)    Any person who had been lawfully summoned to appear in judicial or quasi-judicial proceedings as an accused person, witness, expert, interpreter, assessor or juror; or ordered to produce or send an accused person or evidence:
(a)    fails or refuses to appear without sufficient cause; or
(b)    fails to produce or send the accused person or evidence; or
(c)    having appeared, refuse, contrary to law, to answer questions or to obey orders,
is punishable with simple imprisonment not exceeding two months, or fine not exceeding one thousand Birr.
(2)    Where the criminal pleads a false excuse for the crime committed under sub-article (1), he shall be punished with simple imprisonment not exceeding three months and fine.
(3)    Where such person has fraudulently obtained exemption from the obligation placed upon him, simple imprisonment may be increased up to the general maximum prescribed by law, subject to the application of more severe specific provisions under which the fraud may fall, especially those concerning the use of false certificate or forgery.
(4)    Where the crime is committed before a Court or a quasi-judicial organ, the punishment prescribed above may be imposed summarily.

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).

Article 450- Breach of Secrecy of Proceedings.
(1)    Whoever, without lawful authority or excuse, discloses facts, whether secret or declared secret by the Court hearing the case, which have come to his knowledge in the course of the proceedings at which he was present,
Is punishable with simple imprisonment not exceeding six moths, or fine not exceeding five hundred Birr.
(2)    Where the disclosure is committed in violation of official or professional secrecy, the relevant provisions shall apply (Art. 397 and 399).

Article 451- Publication of Inaccurate or Forbidden Reports of Proceedings.
(1)    Whoever publishes information, a note, a précis or a report which is inaccurate or distorted concerning judicial cases which are adjourned, proceeding or pending,
Is punishable with fine not exceeding five hundred Birr, or, in more serious cases, especially those likely to perturb public opinion or to cause injury to another, with simple imprisonment not exceeding six months.
(2)    Publication forbidden by law or by order of the Court is punishable under the relevant special provision (Art. 435).
Where the publication is unlawful, inaccurate and intentional, the Court shall increase the sentence in accordance with the provisions relating to concurrence (Art. 184).

CHAPTER II PERJURY AND COGNATE CRIMES

Article 452- False Statements by a Party.
(1)    Any party to proceedings before a judicial or quasi-judicial tribunal who being required to speak the truth, knowingly gives a false statement relating to facts material to the issue to be decided by the tribunal.
Is punishable, even where the result sought is not achieved, with simple imprisonment not exceeding one year, or, where the false statement has been made in the course of criminal proceedings and is likely to cause injustice, with rigorous imprisonment not exceeding three years.
(2)    Where the party has been sworn or affirmed to speak the truth, the punishment shall be rigorous imprisonment not exceeding five years, particularly where the result sought has been in whole or in part achieved.
(3)    Mere inaccurate allegations by a party in defence of his interests are not subject to these provisions.

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 discover, 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.

Article 454- Correction or Withdrawal.
Where the criminal has of his own free will corrected or withdrawn his false testimony, opinion, translation or interpretation before it has taken effect, and provided that the proceedings affected have not been finally concluded, the Court may without restriction mitigate the punishment incurred (Art. 183).
The Court may, according to the circumstances of the case, impose no other punishment than a reprimand accompanied by a warning for the future, where the crime is not serious, and where the correction or withdrawal is prompted by honesty.

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.

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, favourable 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 guilty 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.

Article 457- Tendentious Publications Intended to pervert the Course of Justice.
Whoever, in any manner whatsoever, publishes or spreads news, a note, a précis, a criticism, a report or a pamphlet which is inaccurate, or known to be tendentious, or which distorts the facts, and which has been draw up for the purpose of influencing a judicial decision in a case being or to be tried, whether by informing the accused person or his accomplices or by acting upon the feelings of the judge, jurors, witnesses, experts or officers of the Court generally,
Is punishable with fine not exceeding one thousand Birr, or simple imprisonment not exceeding six months.

Article 458- Betrayal of Interests.
(1)    Any advocate, attorney, procurator or legal advisor, who knowingly, in litigation of any kind before any judicial or quasi-judicial tribunal, betrays the legal interests he has been instructed to defend, officially or by personal brief, whether by sacrificing the interests of the party for whom he appears or by acting simultaneously for both parties to the same case,
Is punishable with simple imprisonment and fine.
(2)    Where the accused person has acted in concert with the opposing party, simple imprisonment shall be for not less than one year; where he has acted for gain, or to procure material advantage, the fine shall not exceed one hundred thousand Birr.
Where the crime is to the prejudice of a person charged with a crime punishable with death or rigorous imprisonment for life, the punishment shall be rigorous imprisonment not exceeding ten years.
(3)    Where the crime specified under sub-article (1) is committed negligently, the punishment shall be simple imprisonment not exceeding three months, or fine not exceeding five thousand Birr.

CHAPTER III CRIMES AGAINST EXECUTION OF SENTNECE

Article 459- Non-observance of Secondary Penalties and Preventive Measures.
Whoever, having been sentenced to one of the secondary penalties or forfeitures provided for in Article 123, or to one of the preventive measures provided for in Articles 141 to 154, knowingly breaks the prohibition or obligation imposed upon him by law,
Is punishable, where no other provision prescribes a more severe punishment (Art. 465), with a fine not exceeding one hundred Birr, or, in more serious cases, with simple imprisonment not exceeding one month.

Article 460- Obstruction of Execution of Sentence.
Whoever, in any manner, saves a person from the execution of the punishments or measures to which he has been sentenced by a Court, Is punishable with simple imprisonment or fine.

Article 461- Escape of Prisoner.
(1)    Whoever, being lawfully detained or imprisoned, escapes from a place where he is under custody,
Is punishable with simple imprisonment not exceeding six months.
(2)    Where the crime is committed by doing threats or violence towards persons, or by damaging property, the punishment shall be simple imprisonment not exceeding three years.
(3)    Where the criminal has been or is to be convicted for the first crime, the relevant provisions on concurrence of crimes or recidivism shall apply.

Article 462- Procuring of, and aiding to, Escape.
(1)    Whoever, not being a public servant (Art. 402), procures or facilitates, by violence, coercion, intimidation, trickery, misuse of his personal influence or any other means, the escape of a person under lawful arrest or imprisonment,
Is punishable with simple imprisonment.
(2)    The punishment shall be simple imprisonment for not less than three months, and in more serious cases, rigorous imprisonment not exceeding seven years:
a)    Where the escape has been accomplished, attempted or promoted by a number of persons acting together, or with the aid of instruments or weapons; or
b)    Where the assistance is rendered to a person, whether a civilian or a member of the Defence Forces, sentenced to rigorous imprisonment for twenty years at least.
(3)    Where the criminals have had recourse to riot, or has done violence to persons or property, corrupted public 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 (Art. 62 and 63) shall apply.

Article 463- Escape of Prisoners of War and Military Internees and Aiding them to Escape.
Without prejudice to Article 426, the provisions of Articles 461 and 462 shall apply also, in identical circumstances, to prisoners of war and military internees detained in camps or institutions set aside for them, even where they are not there confined in consequence of judicial sentence or decision.

Article 464- Mutiny of Prisoners.
(1)    Whoever, being lawfully confined in any place, takes part jointly in riots or disturbances with intent:
(a)    to coerce, by force or intimidation, the governor, an official or a warder of the institution, or any other person responsible for its administration or for supervision, to perform or to refrain from performing, any act contrary to their duty; or
(b)    to attack any of the above persons while in the discharge of their duties; or
(c)    to escape by means of violence to persons of property,
is punishable with simple imprisonment from three months to five years, in addition to the sentence being served or to be pronounced.
(2)    The person who has organized or directed the mutiny is punishable:
(a)    with rigorous imprisonment not exceeding five years where not act of coercion or violence has been committed; or
(b)    where acts of coercion or violence have been committed, with rigorous imprisonment not exceeding ten years, subject to the application of more severe specific provisions where appropriate.
(3)    Where acts of violence or injuries have been done to persons or property, the general provisions relating to increase of sentence in the case of a combination of, or of concurrent, crimes (Arts. 62 and 63) shall be applicable.

Article 465- Breaking of Bounds.
Whoever, having been sentenced to obligatory residence in a certain place, or having  been prohibited from residing or sojourning in a certain place, or expulsion, breaks the prohibition imposed upon him, Is punishable, except where there is force majeure, with simple imprisonment not exceeding one year, without prejudice to an increase, where appropriate, of the measures of restriction of liberty he has infringed. The term of the sentence is not deducted from that of the measure of restriction of liberty.