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Crimes Against Currencies, Government Bonds Or Security Documents, Official Seals, Stamps Or Instruments

TITLE V CRIMES AGAINST CURRENCIES, GOVERNMENT BONDS OR SECURTIY DOCUMENTS, OFFICAL SEALS, STAMPS OR INSTRUMENTS
CHAPTER I COUNTEFEIT CURRENCY, BOND OR SECURITY DOCUMENTS

Article 355- General Provision Concerning Juridical Person
Where the conditions of Article 34 of this Code are found satisfied in respect of crimes specified from Articles 356 to 374 of this Title, a juridical person as well, besides individuals, shall be liable to punishment.

Article 356- Making.
Whoever, in Ethiopia or abroad, makes without lawful authority or counterfeits currencies used as legal tender, bonds or security documents with intent to utter them as genuine,
Is punishable with rigorous imprisonment for at least five years.

Article 357- Forgery.
Whoever, in Ethiopia or abroad, forges, by alteration, overprinting, dyeing or any other means, currencies used as legal tender, bonds or security documents with intent to utter them at a value greater than their current value,
Is punishable with rigorous imprisonment not exceeding fifteen years.

Article 358- Debasing.
Whoever, in Ethiopia or abroad, by mechanical, physical or chemical process, or by any other means, debases legal currencies, with intent to utter them at their full value,
Is punishable with rigorous imprisonment not exceeding ten years.

Article 359- Importation, Exportation, Acquisition, Acceptance in Trust or Offer.
Whoever, with intent to utter them or to cause them to be uttered as genuine or at their current value, imports, exports, acquires or procures, accepts in trust or offers counterfeit or debased currencies, bonds or security documents,
Is punishable with rigorous imprisonment not exceeding fifteen years.

Article 360- Presumption of Intent to Utter.
In respect of the crimes specified under Articles 356-359, the acts shall be presumed to have been done with the intent to utter.

Article 361- Uttering.
(1)    Whoever intentionally:
(a)    utters as genuine or as having greater value than their current value, in Ethiopia or aboard, counterfeit or forged currencies, bonds or security documents, is punishable with rigorous imprisonment not exceeding ten years.
(b)    Utters debased currencies at their full value, is punishable with simple imprisonment not exceeding five years or fine.
(2)    Where the criminal has received the currencies, bonds or security documents as genuine, or against payment of their current value, and having discovered their falseness or debasement, has returned them to circulation only in order to avoid loss, the punishment shall be:
(a)    simple imprisonment in the case of counterfeit or forged currencies, bonds or security documents; or
(b)    fine in the case of debased currencies.

Article 362- Petty Cases.
In petty cases, where small sums only are involved, the punishment in respect of the crimes specified under Articles 356-361 shall be simple imprisonment.

CHAPTER II FALSIFICATION OF OFFICIAL SEALS, STAMPS, MARKS, WEIGHTS AND MEASURES

Article 363- Falsification or Improper use of the Seals of the State.
(1)    Whoever:
(a)    falsifies or counterfeits the seal of the Government or of a Government Department, intended to be affixed to Government papers, or makes use of such falsified or counterfeit seal; or
(b)    makes improper use of a genuine seal,
is punishable with rigorous imprisonment from three years to ten years.
(2) Where the crime has caused grave harm to national interests or rights, the punishment shall be rigorous imprisonment form five years to twenty years.

Article 364- Falsification and Improper use of other public or private Seals.
(1)    Whoever:
(a)    falsifies any seal of a public institution or a private organization, or makes use of such seal; or
(b)    makes improper use of a genuine seal of such kind,
is punishable with rigorous imprisonment not exceeding five years.
(2)    Where grave harm is caused by the crime, the criminal is punishable with rigorous imprisonment from three years to ten years.

Article 365- Falsification of Official Marks.
Whoever:
(a)    with intent to use them or to cause them to be used as genuine or unused, makes without lawful authority, falsifies or counterfeits official marks of origin or identity, or of certification or warranty, particularly in connection with customs or transport operations, with gold, silver or other precious minerals, timber, skins or other materials or products, or with foodstuffs, medicaments or articles affecting public health, whether they be seals, die stamps. Rubber stamps, labels or any other distinguishing mark; or
(b)    knowingly uses such false or counterfeit marks as genuine or unused,
is punishable with simple imprisonment from three months to five years.

Article 366- Falsification of Official Stamps of Value.
(1)    Whoever:
(a)    with intent to use them or to cause them to be used as genuine or unused, makes without lawful authority, falsifies or counterfeits official stamps of value, in particular officially stamped paper, postage stamps or receipt stamps; or
(b)    after such stamps have been used or cancelled, gives them the appearance of unused stamps for the purpose of using them again.
Is punishable with simple imprisonment for at least three months, or, where the crime is considered to be grave, with simple imprisonment not exceeding five years and fine.
(2)    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.

Article 367- Falsification of Weights and Measures.
(1)    Whoever, with intent to deceive another:
(a)    falsifies weights, balances, measures or other instruments intended for use in commerce or trade; or
(b)    unlawfully affixes thereto a mark or imprint denoting official certification or warranty, or forges such marks; or
(c)    intentionally makes use of such forged or falsified instruments,
is punishable with rigorous imprisonment not exceeding five years.
(2)    In petty cases, the Court may pass sentence of simple imprisonment not exceeding three years or fine.

Article 368- Importation, Exportation, Purchase, Acceptance in Trust and Offer.
Whoever exports, imports, purchases, acquires or procures, or accepts in trust, sells or offers for sale or donates, stamps, stamped paper, marks, official weights or measures which he knows to be forged or falsified,
Is punishable with simple imprisonment or fine, or in grave cases, with rigorous imprisonment not exceeding two years.

CHAPTER III COMMON PROVISIONS

Article 369- Counterfeiting without intent to defraud.
(1)    Whoever, without intent to defraud:
(a)    counterfeits or imitates, especially by way of advertisement, or with the intention of uttering them as facsimiles, currencies, bank notes, bonds or security documents, or official stamps or postage stamps that they create, or tend to create, risk of confusion; or
(b)    imports, exports, accepts in trust, offers for sale or donates or utters such counterfeits or limitations,
is punishable with fine, or where the risk of confusion or fraud is particularly great, with simple imprisonment not exceeding three months.
(2)    Reproduction for official scientific or information purposes is not a crime.

Article 370- Endangering of the Currency, Bonds or Security Documents, or Official Marks, Stamps or Seals.
Whoever, without the express order or permission of the competent authority or institution:
(a)    sets up, procures, imports, exports, offers or hands over to another, machinery, moulds, dies, paper, metal or other objects or materials used for making or manufacturing currency, bonds or security documents, official marks, stamps, official titles or seals; or
(b)    accepts, executes or causes to be executed, or delivers or causes to be delivered, orders for currencies, bonds or security documents, official marks, stamps, official titles or seals,
is punishable with simple imprisonment or fine.

Article 371- Machinery and Means of Falsification.
(1)    Whoever, with the object of making unlawful use of them, makes procures, keeps or offers machinery, moulds or dies, paper, metal or any other means for counterfeiting or forging currencies, bank notes, bonds or security documents, official marks, stamps, official titles or seals,
Is punishable with simple imprisonment for at least six months and fine.
(2)    Where, however, such machinery and means are intended for counterfeiting or falsifying the national currency, the seal of the State or of any other public authority, the punishment shall be rigorous imprisonment not exceeding seven years.

Article 372- Mitigating Circumstances.
(1)    The Court may without restriction mitigate the punishment (Art. 180) or in special circumstances, exempt from punishment any person taking part in the commission of any of the crimes under this Title who:
(a)    destroys of his own accord machinery and means of counterfeiting before any use whatsoever has been made of them; or
(b)    prevents uttering, use of damage before the crime has come to the knowledge of the public authorities; or
(c)    reveals the existence or preparation of the crime or enables the criminal to be brought to justice.
(2)    The Court man, whether a penalty has been imposed or not, make an order requiring the criminal to enter into a recognizance to be of good behavior (Art. 135) or an order restricting his personal liberty (Art. 145-150) where it is suspected that he may cause danger in the future.
(3)    The Court may reduce the penalty in accordance with the rules on ordinary mitigation (Art. 179) where the making, counterfeiting, forging, debasing or falsification provided in the two preceding chapters is so small or so obvious as not to constitute a serious danger to the interests of the State or to the public.

Article 373- Special Aggravating Circumstances.
Without prejudice to the provisions of the General Part of this Code concerning aggravation of punishment (Art. 84(1)(d)) and seizure of articles (Art. 140), and where the crime is inspired by motives of gain, the punishment shall be fine not exceeding one hundred thousand Birr.
The fine may not exceed two hundred fifty thousand Birr, where the crime of counterfeiting is committed.

Article 374- Protection of the Interests of Foreign States.
The provisions of this Title shall apply equally to the various charges in respect of crimes committed on Ethiopian territory against the official currencies, bonds or security documents, bank notes, seals, stamps, marks, weights or measuring instruments of foreign countries, where there is a convention directed to this end or where reciprocal arrangements have been made with a foreign country.