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Crimes Against Public Security, Peace And Tranquility

TITLE VI CRIMES AGAINST PUBLIC SECURITY, PEACE AND TRANQUILITY
CHAPTER I CRIMES AGAINST PUBLIC SECURITY

SECTION I- CRIMES CALCULATED OR LIKELY TO PROVOKE THE COMMISSION OF OTHER CRIMES
Article 477- Dangerous Vagrancy.

a.    Whoever, having no fixed abode or occupation and no regular or visible means of support, and being able-bodied, habitually and of set purpose leads a life of vagrancy or disorderly behavior, or lives by his wits thereby constituting a threat to public security,
Is punishable with compulsory labour with restriction of personal liberty (Art. 104), or with simple imprisonment not exceeding six months.
b.    Where the criminal is found in possession of weapons or instruments fitted by their nature to the commission of a crime, the punishment shall be simple imprisonment, without prejudice to the application of the provisions concerning concurrence where the criminal has used threats or coercion, or has committed violence or assault against individuals.
c.    The preventive measures of restriction of liberty (Arts. 144 to 149) may be ordered, to accompany the penal sentence, wherever the circumstances indicate that they are appropriate.

Article 478- Conspiracy.
(1)    Whoever conspires with one or more persons for the purpose of preparing or committing serious crimes against public security or his health, the person or property, or persuades another to join such conspiracy,
Is punishable, provided that the crime materialises, with simple imprisonment for not less than six months, and fine.
For the purpose of this Article, “Serious crimes” are crimes which are punishable with rigorous imprisonment for five years or more.
(2)    Where the conspirators are numerous, or where they are armed or possess instruments or means fitted by their nature for the commission of a crime, the punishment shall be simple imprisonment for not less than one year, and fine.
(3)    Where the dangerous nature of the conspiracy has been demonstrated by the commission of a serious crime, whether against life or person, public safety or property, by the commission of a series of crimes, whether or not of the same kind, or by acts, such as traffic in arms, narcotic substances or persons, the Court shall pronounce the maximum sentence provided by law, taking into consideration the provisions relating to concurrence (Art. 62 and 63).

Article 479- Harbouring and Assisting of Evil-doers.
(1)    Whoever, apart from the cases of accomplices punishable under the provisions thereto (Art. 37):
(a)    knowingly, and not being under duress, harbours, comforts, assists or shelters evil-doers who are members of bands or associations formed to commit crimes against the community, individuals or property, or provides a meeting place for such evil-doers,
is punishable with simple imprisonment for not less than six months, and fine.
(b)    Knowing the existence, plans, whereabouts or meeting places of such gangs or associations, and not being compelled to do so by intimidation or otherwise, omits to notify the competent authorities thereof,
Is punishable with simple imprisonment and fine.
(2)    Simple imprisonment shall be for not less than one year where the band is dangerous, or where the harbouring and comforting are habitual.
(3)    Whoever, apart from the cases punishable for complicity under the provisions of this Code (Art. 37), by any means, directly or indirectly collects, money or any other property, or provides or offers such property to a criminal, knowing that the property is to be used in full or in part:
(a)    for the commission of the crime indicated under Article 262(1) or (2), Article 481 (2) or (3), Article 499 (2), or Article 585 (3), or
(b)    for committing any other act intended to cause death or serious bodily injury to a civilian or any other person not taking an active part in the hostilities or to cause serious damage to property in a situation of armed conflict, where the purpose of such act is to intimidate a population or to compel a government or an international organization to do or abstain from doing an act;
is punishable, whether the property is actually put in use or not, with rigorous imprisonment from five years to ten years.
(4)    Whoever, apart from the cases punishable for complicity under the provisions of this Code (Art. 37) makes any contribution for the commission of a crime indicated under the provisions of Article 262 (1) or (2), Article 481 (2) or (3), Article 499(2), or Article 585(3) or sub-article (3) of this Article by a group, or for implementing the illegal aim of a group, or recruits other persons for the commission of the same crime mentioned above, or provides any other support including weapons, fraudulent travel documents or identity cards knowing that such support is to be used for the commission or one of these crimes,
Is punishable with the penalty indicated under sub-article (3) of this Article.

Article 480- Public Provocation to or Defence of a Crime.
Whoever publicly, by word of mouth, writing, image, gesture or otherwise:
a)    provokes others to commit acts of violence or grave crimes against the community, individuals or property or
b)    defends or praises such crime or its perpetrator; or
c)    launches an appeal or starts a collection for the payment of pecuniary punishments pronounced by due process of law, with the intention of making common cause with the convicted person or of upholding his deed, or who knowingly takes part in such activities,

Article 481- Prohibited Traffic in Arms.
(1)    Whoever, apart from crimes against the security of the State (Art. 256):
(a)    makes, imports, exports or transports, acquires, receives, stores or hides, offers for sale, puts into circulation or distributes, without special authorization or contrary to law, weapons, explosives or munitions of any kind, with the intent of trafficking; or
(b)    without indulging in trafficking, knowingly sells, delivers of hands over arms to suspect or dangerous persons,
is punishable with fine and rigorous imprisonment not exceeding five years, or, in serious cases, with rigorous imprisonment not exceeding ten years, without prejudice to confiscation of the specified materials.
(2)    In cases where the crime committed involves: possessing, receiving, using, altering, transferring, distributing, disposing of, stealing or fraudulently obtaining a nuclear material which endangers or which is likely to endanger the life, body or property of persons or natural resources or the environment; of committing an act, through violence or thereat, that constitutes demand for the material; or carrying out a threat to commit one of these acts;
the punishment shall be rigorous imprisonment form five years to ten years.
(3)    In cases where the crime is committed by manufacturing or assembling firearms, their parts and components or ammunition from parts and components illicitly trafficked without securing a license or authorization from the competent authority of the state where the manufacture or assembly takes place or without making the firearms in accordance with the law;
the punishment shall be rigorous imprisonment from five years to twelve years.
(4)    Where the crime is committed for gain or where the criminal has made a profession of such acts, he shall be punished with rigorous imprisonment from five years to fifteen years.
(5)    Nothing shall affect the application of laws issued concerning the making, carrying or use of weapons entailing penalties under petty offences (Art. 808 and 809).

Section II- Crimes Calculated or Likely to Provoke Public Disturbances.

Article 482- Forbidden Societies and Meetings.
(1)    Whoever:
(a)    Knowingly takes part in a society, band, meeting or assembly forbidden, either generally or from time to time by law, by government or by the competent authority; or
(b)    Knowingly places houses, premises or land at the disposal of such a society, band, meetings or assemblies, whether for consideration of free of charge,
Is punishable with a fine not exceeding one thousand Birr.
(2)    Ringleaders, organizers or commanders of the crime are punishable with simple imprisonment not exceeding one year.

Article 483- Secret Societies and Armed Bands.
Any person who is involved in the commission of the crime defined under Article 479 by unlawful societies whose activities and meetings are secret, or by unlawful armed societies or bands established especially for military training or shooting, or ostensibly sporting in character,
is punishable with simple imprisonment and fine.
The punishment to be imposed on the ringleaders, organizers or active members of such societies or bands shall be simple imprisonment for not less than six months, and fine not less than one thousand Birr.

Article 484- Forbidden Assemblies.
(1)    Whoever, of his own free will, takes part, on the public highways or in a public place, in assemblies forbidden by law,
Is punishable with fine not exceeding two thousand Birr.
(2)    Ringleaders, organizers or commanders of such crime are punishable with simple imprisonment not exceeding two years.
(3)    Anyone who, knowingly takes part in an armed assembly, is punishable with simple imprisonment from three months to five years.
(4)    Where the crime is committed as specified in sub-article (3) above, a ringleader, an organizer, a commander or a person who has carried weapons;
Is punishable with simple imprisonment from one year to five years.
(5)    Where a juridical person organizes or commands an assembly forbidden by law, the punishment shall be a fine not exceeding ten thousand Birr.

Article 485- Alarming the Public.
(1)    Whoever spreads alarm among the public:
a)    by threat of danger to the community, or to the life, health or property of individuals, especially that of invasion, assassination, fire, devastation or pillage; or
b)    by deliberately spreading false rumours concerning such happenings or general disturbances, or imminent catastrophe or calamity;
is punishable with simple imprisonment not exceeding three years, or fine.
(2)    In more serious cases, likely to cause, or having caused, serious disturbances or disorder, the punishment shall be rigorous imprisonment not exceeding three years, subject to the application, as appropriate, of more severe specific provisions.

Article 486- Inciting the Public through False Rumours.
Whoever, apart from crimes against the security of the State (Arts. 240, 257 (e) and 261 (a)):
a)    starts or spreads false rumours, suspicions or false charges against the Government or the public authorities or their activities, thereby disturbing or inflaming public opinion, or creating a danger of public disturbances; or
b)    by whatever accusation or any other means foments dissension, arouses hatred, or stirs up acts of violence or political, racial or religious disturbances,
is punishable with simple imprisonment or fine, or, in serous cases, with rigorous imprisonment not exceeding three years.

Article 487- Seditious Demonstrations.
Whoever:
a)    makes, utters, distributes or cries out seditious or threatening remarks or displays images or drawings of a seditious or threatening nature in any public place or meeting; or
b)    publicly incites or provokes others to disobey orders issued by a lawful authority or to disobey laws or regulations duly promulgated,
is punishable with simple imprisonment not exceeding six months, or fine not exceeding five hundred Birr.

Article 488- Rioting.
(1)    Whoever, of his own free will, takes part in an unlawful assembly in the course of which violence is done collectively to person or property,
Is punishable with simple imprisonment not exceeding one month, or fine.
(2)    The organizers, instigators or ringleaders are punishable with fine and with simple imprisonment for not less than six months, or, in grave cases, with rigorous imprisonment not exceeding five years and fine.
(3)    All persons who have individually committed acts of violence against persons or property are punishable with rigorous imprisonment not exceeding three years, where their act does not constitute a crime subject to more severe punishment under any other provision of this Code.

Article 489- Leniency; Submission.
Those who have taken part in a forbidden meeting, demonstration, unlawful assembly or collective intimidation, and who subsequently withdrew, either of their own accord or when called upon to do so by the authorities, without having themselves done violence or incited others to do so, may be exempted from punishment, after a reprimand or solemn warning for the future, as appropriate (Art. 122).

CHAPTER II CRIMES AGAINST PUBLIC PEACE AND TRANQUILITY

Article 490- Disturbances of Meetings or Assemblies.
(1)    Whoever, by word of mouth, by threats, violence or force, or in any other way, unlawfully invades or disturbs, hinders or disperses a meeting or any assembly duly authorized by law,
Is punishable with simple imprisonment not exceeding six months, or fine not exceeding one thousand Birr.
(2)    Where the crime relates to a meeting or an assembly of a public authority, to an official board or commission, or to the conduct of elections, public auctions or any other lawful public activity, whether political, administrative, executive or judicial,
Simple imprisonment shall be for not less than three months, and fine shall be for not less than five hundred Birr.
(3)    Where the crime is committed by a band or by carrying weapons or other instruments, the punishment shall be rigorous imprisonment not exceeding seven years.

Article 491- Disturbances Resulting from Acts Committed in a State of Culpable Irresponsibility.
Whoever, being deliberately or through criminal negligence in a state of complete irresponsibility due to drunkenness, intoxication or any other cause, commits, while in such a state, an act normally punishable with imprisonment for at least one year,
Is punishable with fine or with simple imprisonment not exceeding one year, according to the degree of danger or gravity of the act committed.

Article 492- Outrage on Religious Peace and Feeling.
Whoever publicly:
a)    prevents the solemnization of, or disturbs or scoffs at, an authorized religious ceremony or office; or
b)    profanes a place, image or object used for religious ceremonies,
is punishable with fine not exceeding one thousand Birr, or with simple imprisonment not exceeding two years.

Article 493- Outrage on the Repose and Dignity of the Dead.
Whoever:
a)    disturbs or profanes f unreal procession or funeral service; or
b)    violates or profanes the resting place of a dead person, degrades or defiles a funeral monument, or profanes or mutilates a dead person, whether buried or not; or
c)    publicly defiles or strikes a human corpse; or
d)    carries off, makes away with or scatters a corpse or any part thereof, or the remains of a dead person,
is punishable with simple imprisonment or fine.