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Crimes Against Public Safety And The Security Of Communications

TITLE VII CRIMES AGAINST PUBLIC SAFETY AND THE SECURITY OF COMMUNICATIONS
CHAPTER I CRIMES AGAINST PUBLIC SAFETY

Article 494- Arson.
(1)    Whoever maliciously or with the intention of causing danger of collective injury to persons or property, sets fire to his own property or to that of another whether it be building or structures of any kind, crops or agricultural products, forests, timber or any other objects,
Is punishable with rigorous imprisonment not exceeding ten years.
(2)    Where the crime creates substantial danger, or where the risk of injury to persons or property is widespread, especially where public buildings or buildings used by a public service, inhabited houses or houses used for living in, contractors yards or stock yards, stores of provisions or inflammable or explosive substances, forests, mines, oil wells or refineries, ships, aircraft or any other objects particularly susceptible to fire, are affected,
The punishment shall be rigorous imprisonment not exceeding fifteen years.

Article 495- Provocation of Natural Disaster.
Whoever maliciously causes a flood or submergence, a landslide, a fall of rock or earth, a collapse or any other like catastrophe, thereby deliberately creating a danger to person or property, Is punishable under Article 494.

Article 496- Damage to Installations or Protective Works.
Whoever maliciously damages or destroys electrical or hydraulic installations, or works providing protection against natural forces, especially culverts, dams, reservoirs, dykes, sluices gates or jetties, thereby deliberately creating a danger to person or property,Is punishable under Article 494.

Article 497- Explosions.
Whoever maliciously causes gas, oil, petrol, gunpowder, dynamite or any other similar dangerous substance to explode, thereby creating a danger toe person or property,Is punishable under Article 494.

Article 498- Crimes Resulting from Negligence.
Where the criminal has committed any of the crimes specified in Articles 494 to 497 negligently, the punishment shall be simple imprisonment or fine, according to the gravity of the crime. The Court shall pass sentence of simple imprisonment where the criminal has gravely endangered persons or property.

Article 499- Danger caused by the use of Explosive, Inflammable of Poisonous Substances.
(1)    Whoever, with intent to endanger public safety, knowingly exposes to danger the life, health, person or property of another, by means of explosives, of substances which are spontaneously combustible or highly inflammable or poisonous gases,
Is punishable with rigorous imprisonment not exceeding ten years.
Where the criminal has exposed property only to minor damage, the punishment shall be simple imprisonment for not less than six months.
(2)    The punishment shall be rigorous imprisonment from five years to fifteen years in cases where the crime has been committed by placing, discharging or detonating an explosive or an incendiary weapon, which is designed to cause or is capable of causing death or serious bodily injury or substantial damage to property through the release or dissemination of biological agents or toxin against a place of public use, a State or government facility, a public transportation system or infrastructure facility with the intent to cause death or serious bodily injury or extensive destruction of such place or system where such destruction can result or is likely to result in major economic loss.
(3)    Whoever, knowingly but without intent to endanger public safety, endangers in like manner the life, person, health or property of another, is punishable with simple imprisonment.
(4)    Whoever, in the manner specified under sub-article (1), negligently endangers the life, person, health or property of another, is punishable with simple imprisonment.
(5)    In less serious cases under sub-article (2) or (3), the Court may substitute for simple imprisonment punishment of compulsory labour, or impose a fine.

Article 500- Illicit Making, Acquisition, Concealment or Transport of Explosive, Inflammable or Poisonous Substances.
(1)    Whoever makes explosives, incendiary or poisonous substances, knowing that they are intended for unlawful use,
Is punishable with simple imprisonment for not less than six months, or, in serious cases, with rigorous imprisonment not exceeding ten years.
(2)    Whoever, knowing that another wishes to make unlawful use of such substances mentioned in sub-article (1), furnishes him with means or instructions for making them,
Is punishable with simple imprisonment for not less than six months, or, in serious cases, with rigorous imprisonment not exceeding seven years.
(3)    Whoever, knowing that they are intended for unlawful use, imports, acquires or procures explosive, incendiary or poisonous substances or the materials used in their manufacture, hands them over to or receives them from another, or stores, conceals or transports them whether for consideration or free of charge,
Is punishable with simple imprisonment for not less than six months, or, in serious cases, with rigorous imprisonment not exceeding five years.

Article 501- Culpable Infringement of Building Rules.
(1)    Whoever, in supervising or carrying out the erection of a building or a demolition of any kind, infringes the rules laid down by law  or disregards normal safety  measures based on building practice and thereby endangers public safety or the life, health or person of others, or the safety of the property of another,
(2)    Where the crime is committed negligently, the punishment shall be simple imprisonment not exceeding one year, or fine.

Article 502- Removal or Culpable Omission of Protective Apparatus or Devices.
(1)    Whoever intentionally:-
a)    destroys, removes, damages, renders unserviceable or puts out of commission a device intended to prevent accidents in any undertaking, factory, mine or any other working; or
b)    omits to install any safety measures required by law or by the order of a competent authority and thereby endangers the safety of another,
is punishable with simple imprisonment and fine.
(2)    Where the crime is committed negligently, the punishment shall be simple imprisonment not exceeding one year, or fine not exceeding five thousand Birr.

Article 503- Failure to Give Warning of Grave Public Danger.
Whoever, where it is possible for him to do so without risk to himself or others, fails to warn the competent authority or responsible departments, or fails to take the measures necessary to prevent or to put out a fire, an explosion, a flood or any other accident likely to endanger life, health or property,
Is punishable with simple imprisonment not exceeding one year, or fine.

Article 504- Reserved Cases.
Nothing in this Chapter shall affect the provisions regarding destruction or sabotage of installations serving the national defence or sabotage of military installations (Arts. 247(a), 308, 309 and 327(a)).

CHAPTER II CRIMES AGAINST THE FREEDOM AND SECURTIY OF COMMUNICATIONS

Article 505- Damage to Services and Installations of Public Interest.
(1)    Whoever intentionally prevents, disturbs or interferes with the efficient working:
(a)    of a public service, or of a service operated in the public interest, of land or inland waterway, sea or air transport or communications, including auxiliary repair, overhaul, maintenance or construction services; or
(b)    of installations, establishments or services intended either for postal, telegraph and telephone communications or telecommunications in general, light, gas, power or heat,
is punishable with simple imprisonment or fine, or, in serious cases, with rigorous imprisonment not exceeding five years.
(2)    Where the crime is committed by a person having a legal or contractual obligation, and particularly where work or obligations have been suspended otherwise than as the result of force majeure or as provided by law or by agreement, the punishment shall be simple imprisonment for not less than three months and fine, or, in grave cases, with rigorous imprisonment not exceeding seven years.
(3)    Where the crime is committed negligently, the punishment shall be fine not exceeding one thousand Birr, or, in more serious cases, simple imprisonment not exceeding six months.

Article 506- Grave Endangering or Sabotage of Communications or Transport.
(1)    Whoever intentionally paralyses, sabotages or endangers public transport, whether by road or rail, by water or in the air, at risk of causing a collision, a derailment, a shipwreck or any other accident likely to endanger the person or property, especially:
(a)    by damaging, displacing, destroying or rendering unserviceable bridges, dykes or jetties, installations, or control, protection, signaling or transport equipment, instruments or devices; or
(b)    by erecting or setting up obstacles, or by engaging in dangerous works or activities on roads, railways, channels or any other established lines of communications; or
(c)    by giving  false instructions, signs or signals; or
(d)    by failing his duty or failing to carry out the operating regulations,
is punishable with rigorous imprisonment not exceeding five years.
(2)    Where the crime specified under sub-article (1) is committed negligently, the punishment shall be simple imprisonment or fine.
(3)    Rigorous imprisonment shall not exceed ten years where, by his act, the criminal has knowingly:
a)    committed breach of a contractual or professional obligation incumbent upon him; or
b)    endangered the life, person or health of others or created a risk of substantial material damage.
(4)    In case of negligent discharge of a specific professional or contractual duty, the punishment shall be simple imprisonment for not less than one month.
(5)    Where the crime is committed by destroying or damaging air or navigation facilities or equipment or interferes with their operation, the result of which is likely to endanger the safety of the aircraft in flight or the ship in navigation, the criminal is punishable with rigorous imprisonment from fifteen years to twenty-five years.
(6)    Where the crime under sub-article (5) is committed negligently, the punishment shall be from five years to fifteen years of rigorous imprisonment.

Article 507- Unlawful Seizure or Control of an Aircraft.
(1)    Whoever, by violence or threats thereof or by any other form of intimidation, by deceit or by any other unlawful means intentionally seizes or exercises control of a fixed platform on a continental shelf or an aircraft in flight or landing in an airport or a ship on navigation or harbouring on a port,
Is punishable with rigorous imprisonment from fifteen to twenty-five years.
(2)    For the purpose of this and the following four Articles:
a)    “an aircraft in service” refers to the period starting from the time of the preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; but it shall not, in any event, be less than the entire period during which the aircraft is in flight as defined in sub-article (1) of this Article.
b)    “an aircraft in flight” refers to the period from the moment when all the external doors of an aircraft are closed following embarkation until the moment when any such door is opened for disembarkation; and includes, in case of forced  landing, the time until the aircraft as well as the persons and property on board are released.

Article 508- Endangering Fixed Platform on Continental Shelf or an Aircraft or a Ship.
(1)    Whoever intentionally and unlawfully performs an act of violence against a person in a fixed platform on a continental shelf or an aircraft in flight or landing in an airport or a ship on navigation or harbouring on a port, which act is likely to endanger the  safety of the platform, the aircraft or the ship,
Is punishable with rigorous imprisonment from fifteen years to twenty-five years.
(2)    Whoever negligently performs an act of violence against a person in a fixed platform on a continental shelf or in an aircraft in flight or landing in an airport or a ship on navigation or harbouring on a port, which act is likely to endanger the safety of the platform, the aircraft or the ship,Is punishable with rigorous imprisonment from five years to fifteen years.

Article 509- Damage to Fixed Platform, an Aircraft or a Ship.
(1)    Whoever intentionally and unlawfully destroys or damages a fixed platform on a continental shelf, an aircraft or ship in service or an aircraft in flight or landing in an airport, a ship on navigation or harboruring on a port, or causes damage to one of these objects, which is capable of endangering the safety of flight or navigation,
Is punishable with rigorous imprisonment from fifteen years to twenty-five years.
(2)    Whoever negligently destroys or damages a fixed platform on a continental shelf, an aircraft or ship in service or an aircraft in flight or landing in an airport, a ship on navigation or harbouring on a port, or causes damage to one of these objects, which is capable of endangering the safety of flight or navigation,Is punishable with rigorous imprisonment from five years to fifteen years.

Article 510- Misuse of Signals and Alarms.
(1)    Whoever maliciously or without good cause, and with the intention of stopping or disturbing communications, gives an alarm signal or sends out a call for help, either customary or agreed upon by international agreement, sets off a warning or safety device, or makes improper use of the telecommunication danger call,
Is punishable with simple imprisonment and fine.
(2)    Where the crime is committed by communicating information known to be false thereby endangering the safety of an aircraft in flight or the safe navigation of a ship, the punishment shall be from fifteen years to twenty-five years of rigorous imprisonment.
(3)    Where the act under sub-article (2) is committed negligently, the punishment shall be rigorous imprisonment from five years to fifteen years.

Article 511- Unlawful Consignment of Dangerous Goods.
(1)    Whoever, with intent to cause danger, puts or causes to be put, consigns or causes to be consigned, substances which are inflammable, explosive or directly poisonous, corrosive or harmful on contact or by reason of their emanations, or goes on board with such substances, on a public transport on land, sea or air,
Is punishable with rigorous imprisonment from five years to fifteen years.
(2)    Whoever intentionally places or causes to be placed on a fixed platform on the continental shelf or on an aircraft or a ship, by any means whatsoever, a device or a substance which is likely to:
a)    endanger the safety of the fixed platform;
b)    destroy the aircraft in service or render it incapable of flight or endanger its safety in flight; or
c)    destroy the ship or cause damage to it or its cargo or endanger its safety in navigation;
is punishable with rigorous imprisonment from five years to fifteen years.
(3)    Whoever, contrary to the regulations and directions issued to ensure the safety of traffic, but without intent to endanger or injure, commits any one of the acts specified under sub-article (1).
Is punishable with rigorous imprisonment not exceeding seven years.
(4)    Any person who has been entrusted with the prevention and control of crimes against public transport on land, sea or air,
Is punishable with rigorous imprisonment not exceeding five years, where substances which are capable of endangering such transportation or their establishments are found loaded or consigned as a result of his failure to discharge his duty.
(5)    Where the act under sub-article (2) is committed negligently, the punishment shall be rigorous imprisonment from five years to fifteen years.

Article 512- Grave Cases.
(1)    Where the intentional commission of any of the crimes specified under Articles 505 to 511 has caused loss of life, injury to body or impairment of health,
the punishment shall be rigorous imprisonment from ten years to twenty-five years, or, in more serious cases, with rigorous imprisonment for life or death.
(2)    Where the crime is committed negligently, the punishment shall be rigorous imprisonment from five years to fifteen years.

Article 513- Participation of a Juridical Person in a Crime.
Any juridical person which participates in the commission of one of the crimes in this Chapter as provided in Article 34 shall be punishable in accordance with Article 90 or this Code.