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Crimes Against Liberty

TITLE II
CRIMES AGAINST LIBERTY
CHAPTER I
CRIMES AGAINST PERSONAL LIBERTY

Article 580- Intimidation.

Whoever threatens another with danger or injury so serious as to induce in him a state of alarm or agitation,
Is punishable, upon complaint, with fine not exceeding five hundred Birr, or with simple imprisonment not exceeding six months.
Nothing in this Article shall prevent the Court from ordering the convicted person to enter a recognizance to be of good behaviour (Art. 135).

Article 581- Threat of accusation or Disgrace.

Whoever threatens to lodges a complaint or an accusation or to disclose a fact such as to injure the honour or reputation of either the victim or a third party tied to him by blood, marriage or affection, and thereby induces such other person to submit to a condition or demand contrary to morality, is punishable, upon complaint, under the preceding Article (Art. 580).

Article 582- Coercion.

Whoever resorts to violence or to threats of a serious injury to the victim or to a third party tied to him by blood, marriage or affection within the meaning of the preceding Article, or by interfering in any other unlawful or improper way with the liberty of action of another, compels him to do a thing or to permit it to be done, or to refrain from doing it or from permitting it to be done,
Is punishable, where the crime does not come under a more severe specific provision, with simple imprisonment not exceeding three years, or fine.

Article 583- Deprivation of Powers of Decision.

(1)    Whoever deprives another against his will of his conscious faculties or of his freedom of decision or action, whether by hypnotic suggestion, by the administration of alcohol, or narcotic or psychotropic substances, or by any other means,
Is punishable, upon complaint, with simple imprisonment or fine.
(2)    According to the circumstances of the case, this Article may be applied concurrently with other relevant provisions (Arts. 532-534).

Article 584- Combination of Crimes.

Where the intimidation, violence, coercion or deprivation of freedom of decision has been used in the commission of, or for the purpose of committing, a crime of which such behavior is an ingredient, such as robbery, extortion, blackmail or rape, the relevant provision is applicable.

Article 585- Illegal Restraint.

(1)    Whoever, contrary to law or without lawful order, arrests, confines or detains or otherwise restrains the freedom of another,
Is punishable with simple imprisonment not exceeding three years.
(2)    The punishment shall be rigorous imprisonment not exceeding five years where:
a)    the crime is committed on the false pretext of mental illness or dangerous condition of the victim; or
b)    the crime persists for more than five days.
(3)    Where the crime is committed to compel the government, an international organization, a natural or a juridical person to do or to abstain from doing an act, by carrying out threats of endangering the life, person or liberty of the detainee or of prolonging his detention,
the punishment shall be rigorous imprisonment from five years to ten years.
(4)    Where the crime under sub-article (1) or (2) is committed by a public servant or official, the special provision of this Code (Art. 423) shall apply.

Article 586- Abduction of Another.

Whoever abducts another by violence, or commits such an act after having obtained his consent by intimidation or violence, trickery or deceit,
Is punishable with rigorous imprisonment not exceeding seven years.

Article 587- Abduction of a Woman.

(1)    Whoever with intent to marry a woman abduct her by violence, or commits such an act after having obtained her consent by intimidation, threat, trickery or deceit,
Is punishable with rigorous imprisonment from three years to ten years.
(2)    Where the act of abduction is accompanied by rape, the perpetrator shall be liable to the punishment prescribed for rape in this Code.
(3)    The conclusion of a marriage between the abductor and the abducted subsequent to the abduction shall not preclude criminal liability.
(4)    Nothing shall affect the right of the victim to claim compensation under civil law for the moral and material damage she may have sustained as a result of the abduction.

Article 588- Abduction of an Unconscious or Defenceless Woman.

Whoever knowing her conditions, intentionally carries off an insane, feeble-minded or retarded woman, one not fully conscious, or one who is incapable or has been rendered incapable of defending herself or of offering resistance,
Is punishable with rigorous imprisonment from five years to fifteen years.

Article 589- Abduction of a Minor.

(1)    Whoever abducts another by violence, or commits such an act after having obtained his consent by intimidation or violence, trickery or deceit,
is punishable with rigorous imprisonment from five years to fifteen years.
(2)    Whoever knowing his conditions, intentionally carries off an insane, feeble-minded or retarded minor, one not fully conscious, or one who is incapable or has been rendered incapable of defending himself or of offering resistance,
is punishable with rigorous imprisonment from seven years to twenty years.
(3)    Whoever carries off, abducts or improperly detains an infant or a young person in order to deprive his parents or lawful guardians of his custody,
is punishable with rigorous imprisonment not exceeding five years
(4)    Where the criminal returns the minor to his parents or lawful guardians within thirty days, and where none of the aggravating circumstances specified in the following Article has obtained, the punishment shall be simple imprisonment not exceeding one year.

Article 590- Aggravation to the Crime.

(1)    Where the intimidation, the coercion, the deprivation of powers of decision, the illegal restraint or the abduction is committed:
a)    with intent to take unfair advantage of the victim, or to allow another to take advantage of him, or to use him for debauchery or prostitution; or
b)    to exploit him or to hold him to ransom; or
c)    in conditions which are specially cruel,
the crime is aggravated, and the punishment shall be in accordance with the following provisions.
(2)    The Court shall pass sentence:
a)    of simple imprisonment from three months to five years in the case of intimidation or coercion (Art. 580 to 582);
b)    of rigorous imprisonment not exceeding seven years where there has been deprivation of powers of decision or illegal restraint (Art. 583 and 585);
c)    of rigorous imprisonment from five years to fifteen years in the case of simple abduction (Art. 586 and 587);
d)    of rigorous imprisonment from seven years to twenty years in the case of the abduction of an unconscious or defenceless woman (Art. 588); and
e)    of rigorous imprisonment from ten years to twenty-fvie years in the case of the abduction of a minor (Art. 589).

Article 591- Substitution of an Infant for Another and Taking Away of an Infant belonging to Another.

(1)    Whoever intentionally:
a)    substitutes an infant for another; or
b)    takes away, claiming to be his, an infant who was not born of him,
is punishable with rigorous imprisonment not exceeding seven years.
(2)    Where the crime is committed negligently, the punishment shall be simple imprisonment not exceeding one year.

Article 592- Failure to Produce a Minor.

Whoever having the custody of a minor refuses to hand him over to the person or institution entitled to his custody either by law or by virtue of a Court order,
Is punishable with simple imprisonment not exceeding one year, or fine.

Article 593- Ascendants; Special Case.

Where the criminal who abducts (Art. 589) or fails to produce a minor (Art. 592) is the father or mother, natural or adoptive, or an ascendant of such minor, and where he has acted with the sole intent to secure custody of the child, or from noble motives,
the punishment shall be, upon complaint, simple imprisonment not exceeding three months, or fine not exceeding five hundred Birr.

Article 594- Aggravated Cases.

Where the crime under Article 592 or 593 has been 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 be simple imprisonment not exceeding five years, or fine not exceeding ten thousand Birr.

Article 595- Political Abduction.

(1)    Whoever, after having abducted another for a political reason, by intimidation, trickery, violence or coercion, with the intention of endangering his life, person, health or freedom:
a)    persuades him into leaving the country in order to hand him over to an authority, an organization, a group or a political party; or
b)    hands him over to a local group or political party, or
c)    causes him to be isolated from the public within the country,
is punishable with rigorous imprisonment not exceeding fifteen years.
(2)    Whoever orders or organizes such abduction is punishable with rigorous imprisonment not exceeding twenty years.

Article 596- Enslavement.

(1)    Whoever:
a)    forcibly enslaves another, sells, alienates, pledges or buys him, or trades or traffics in or exploits him in any manner; or
b)    keeps or maintains another in a condition of slavery, even in a disguised form,
is punishable with rigorous imprisonment from five years to twenty years, and fine not exceeding fifty thousand Birr.
(2)    Whoever, in order to deliver him at his place of destination, carries off or transports a person found in situations stated above, whether by land, by sea or by air, or conducts or aids such traffic,
Is liable to the punishment under sub-article (1) above.
(3)    Where the crime is committed against children, women, feeble-minded or sick persons, the punishment shall be rigorous imprisonment from ten years to twenty years.

Article 597- Trafficking in Women and Children.

(1)    Whoever by violence, threat, deceit, fraud, kidnapping or by the giving of money or other advantage to the person having control over a woman or a child, recruits, receives, hides, transports, exports or imports a woman or a minor for the purpose of forced labour,
is punishable with rigorous imprisonment from five years to twenty years, and fine not exceeding fifty thousand Birr.
(2)    Whoever knowingly carries off, or transports, whether by land, by sea or by air, the victim mentioned in sub-article (1), with the purpose stated therein, or conducts, or aids such traffic.
is liable to the penalty prescribed under sub-article (1) above.

Article 598- Unlawful Sending of Ethiopians for Work Abroad.

(1)    Whoever, without having obtained a license or by any other unlawful means, sends an Ethiopian woman for work abroad,
Is punishable with rigorous imprisonment from five years to ten years, and fine not exceeding twenty-five thousand Birr.
(2)    Where the Ethiopian woman sent abroad, owing to the act mentioned above, suffers an injury to her human rights, or to her life, body or psychological make-up, the sender shall be punishable with rigorous imprisonment from five years to twenty years, and fine not exceeding fifty thousand Birr.
(3)    The provisions of this Article shall apply where similar acts are committed against Ethiopian men.

Article 599- Participation of Illegal Associations and Juridical Persons in Crimes Specified in this Chapter.

(1)    Where the injury to liberty, whether by intimidation, trickery, coercion, abduction, illegal restraint, enslavement, traffic or exploitation in one of the above forms stated in this Chapter, is the work of an association or band formed to engage in, or engaging in, the slave trade, no matter in what form, such band or association shall be punishable with a fine not exceeding one hundred thousand Birr and its dissolution shall be ordered.
This penalty is without prejudice to the punishment applicable to the criminal or criminals on the count of their personal criminal guilt.
(2)    Where the juridical person has committed the crime it shall according to the kind and gravity of the crime, be liable to the punishment prescribed in Article 90 of this Code.

Article 600- Default of Supervision or Control.

(1)    An official at any level of the governmental hierarchy who fails to take the appropriate measure expected of him for the control or prevention of traffic in or exploitation of slaves or related activities, within his jurisdiction,
Is punishable with a fine which, according to the gravity of the case, may be increased up to the special maximum prescribed under Articles 596-599.
(2)    Where the crime is committed negligently, the fine shall not exceed ten thousand Birr.

CHAPTER II
CRIMES AGAINST OTHER PERSONS’ RIGHTS

Article 601- Restraint of the Free Exercise of Civil Rights.

(1)    Whoever by intimidation, violence, fraud or any other unlawful means:
a)    prevents a person from exercising his civil rights granted by the Constitution or other laws, especially his right as a parent or a guardian, his right to bring a legal action or to appear before the Courts; or
b)    compels him to exercise such rights in a particular way,
is punishable with simple imprisonment not exceeding three years, or fine.
(2)    The restraint of the free exercise of political rights, especially the right of voting and election,
Is punishable under the special provision of this Code (Art. 467).

Article 602- Violation of the Right of Freedom of Movement.

(1)    Whoever, not being authorized by law so to do, prevents another from moving freely within the territory of Ethiopia,
Is punishable with simple imprisonment or fine.
(2)    Where the criminal is a public servant, he shall be punishable under the relevant provision of this Code (Art. 407).

Article 603- Violation of the Right of Freedom to Work.

(1)    Whoever, by intimidation, violence, fraud or any other unlawful means, compels another:
a)    to accept a particular employment or particular conditions of employment, or to refuse or withhold his labour, with the object of imposing on an employer by force the acceptance or modification of terms of employment; or
b)    to join a group or association having as its aim the objects mentioned in (a), or anyone who prevents another from freely leaving such a group or association,
is punishable, upon complaint, with simple imprisonment for not less than three months, or fine.
(2)    Where the person or persons causing intimidation or violence were carrying weapons or other instruments, or where the prevention or coercion is the work of a large group, the punishment of imprisonment prescribed under sub-article (1) shall be imposed in combination with fine.

Article 604- Violation of Privacy of Domicile or Restricted Areas.

(1)    Whoever, in contravention of the law:
a)    enters, against the wishes of the lawful occupant, a house, premises, boat or any other place used for living in, or a restricted area abutting on a house or dwelling, or a garden or any other private property; or
b)    forcibly enters without permission the premises, offices, storehouse or yards of an undertaking, company or body corporate, even though not inhabited; or
c)    having entered without opposition from or with the permission of the lawful occupant, remains there when called upon by him to leave,
is punishable with simple imprisonment not exceeding three years, or fine.
(2)    Where the violation is committed by a public servant who is not authorized to take such action, or who does so in violation of legal safeguards and formalities, the special provision (Art. 422) shall apply.

Article 605- Aggravation to the Crime.

Where the crime is committed:
a)    by carrying weapons, making use of threats or resorting to violence; or
b)    by a group of persons acting in common; or
c)    between the hours of six PM and six AM, unless otherwise authorized by law; or
d)    by a person holding himself on to be a public servant or official,
the punishment shall be rigorous imprisonment not exceeding five years.

Article 606- Violation of the Privacy of Correspondence or Consignments.

(1)    Whoever, without lawful authority:
a)    deliberately learns about the contents of or opens a business 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, which is not his; or
b)    having learned of certain facts by opening, even by mistake or negligence, such a closed envelope or parcel not addressed to him, divulges such facts or derives a gain therefrom,
is punishable, upon complaint, with a fine not exceeding one thousand Birr, or according to the circumstances of the case, with simple imprisonment not exceeding three months.
(2)    Whoever intentionally and unlawfully intercepts, destroys, retains or diverts from their true destination such correspondence or packages, is punishable upon accusation with simple imprisonment not exceeding six months, where his act does not constitute a specific crime punishable more severely.
(3)    Nothing shall affect the provisions relating to breach of official secrecy, unlawful disposal of objects in charge and appropriation and misappropriation in the discharge of duties by public servants (Arts. 397, 412 and 413).