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Criminal Procedure Code

The Criminal Procedure Code Proclamation 1961

PRELIMINARY TITLE

Art. 1. scope of application.
2. Application as to time
3. Interpretation.

BOOK I
Jurisdiction of Courts, Public Prosecution Departments and police

Chapter 1 JURISDICTION OF COURTS

Art. 4. Jurisdiction as regards offences.
5. Persons to be tried.
6. Area of jurisdiction.
7. Appellate jurisdiction.

Chapter 2 PUBLIC PROSECUTION DEPARTMENTS AND POLICE

Art. 8. Powers of Public Prosecution department.
9. Duties of the police.
10. Police Public Prosecutors.

BOOK II

Prosecution and Inquiry

TITLE 1 Setting in Motion Prosecution and Inquiry
Chapter 1.SETTING JURISDICTION MOTION

Section 1. Accusation and complaint.

Art.11 Accusation in general.
12 Anonymous in general.
13 Offences punishable on complaint.
14 From of accusation or complaint.
15 Accusation or complaint against an unknown offender.
16 Authority compliant for receiving accusation or complaint.
17 Accusation or complaint addressed to wrong authority.
18 False accusation or complaint.

Section 2. Setting justice in motion in flagrant cases

Art.19 Flagrant offences.
20 Assimilated cases.
21 Effect as regards setting in motion of proceedings or arrest.

Chapter 2. POLICE INVESTIGATION

Art.22 Principle.
23 Duty of police to investigate.
24 Recording of statement.
25 Summoning of accused or suspected person.
26 Arrest.
27 Interrogation.
28 Release on bond.
29 Procedure after arrest.
30 Examination of witnesses by the police.
31 No inducement to be offered.
32 Searches and seizures.
33 Issue of search warrant.
34 Physical examination.
35 Power of court to record statements and confessions.
36 Diary of investigation.
37 Report of police investigation.
38 Action by public prosecutor on receiving report.
39 Closure of police investigation file.

Chapter 3. INSTITUTION OF PROCEEDINGS

Art. 40 Duty to institute proceedings.
41 Doubtful cases.
42 Cases where proceedings shall not be instituted.
43 From of refusal.
44 Effect of refusal.
45 Form of and decision on application.
46 Liability of private prosecutor.
47 Persons entitled to conduct private prosecutions.
48 Stay of proceedings in private prosecution pending institution of proceedings by public prosecutor.

TITLE II
Steps to be Taken Pending Investigation

Chapter 1. ARREST

Section 1. Arrest without warrant.

Art. 49 Principle.
50 Arrest without warrant in flagrant cases.
51 Arrest without warrant by the police.

Section 2. warrant of arrest.

Art. 52 Principle.
53 Issue of warrant.
54 When warrant of arrest to be issued.
55 Application for warrant in urgent cases.

Section 3. General provisions.

Art. 56 Arrest how made.
57 Assistance may be required to effect arrest.
58 Handing over of arrested person.
59 Detention.

Chapter 2. REMAND

Art. 60 Conditions of remand.
Art. 61 Detained person’s right to consult advocate.
Art. 62 Finding of sureties.

Chapter 3. BAIL

Section 1. Bail Bond

Art. 63 Principle.
64 Application for bail.
65 Court may direct by endorsement on warrant security to be taken.
66 Decision on application for bail.
67 Bail not allowed.
68 Bail allowed.
69 Amount to be secured.
70 Obligations of guarantors.
71 Duration of bail bond.
72 Release.
73 Mistake or fraud.
74 New facts.
75 Application to court of appeal where bail refused.

Section 2. Effect of bail bond

Art. 76 Failure to appear.
77 Released person likely to abscond.
78 Discharge of sureties.
79 Forfeiture of recognisances.

BOOK III
Preliminary Inquiry and Committal for Trial

Art. 80 Principle.
81 Court having jurisdiction.
82 Procedure
83 Opening of preliminary inquiry
84 Taking evidence for prosecution
85 Accused asked whether he wishes to make a statement.
86 Statement of accused.
87 Additional witnesses.
88 Recording of evidence.
89 Committal for trial.
90 Bond of witnesses.
91 Record to be forwarded to registrar.
92 Contents of record.
93 Accused may be remanded.

BOOK IV
Trial

TITLE I Chapter 1. GENERAL PROVISIONS
Art. 94 Adjournment. Conditions.
95 New adjournment and summonses.
96 Effect of adjournment.
97 Exhibits.
98 Contents of record.

Chapter 2. PLACE OF TRIAL

Art. 99 Ordinary place of trial.
100. Accused triable in place where act is done or where consequences ensured.
101. Place of trial where act is an offence by reason of relation to other offence.
102 .Trial where place of offence is uncertain.
103. Offence committed on a journey.
104. Place of trial of offence committed outside Ethiopia on an Ethiopian ship or aircraft.
105. Court having jurisdiction in cases of reinstatement.
106. Change of venue.
107. Public prosecutor to direct place of trial.

Chapter 3. THE CHARGE
Art. 108 Principle.
109,Framing, filing and service of the charge.
110. Charge wrongly filed.
111. Contents and form of the charge.
112. Description of circumstances.
113. Where it is doubtful what offence has been committed.
114. Aggravated offences how charged and procedure.
115. Person charged with an offence may be convicted of an attempt or as accessory or instigator.
116. More than one charge.
117. Joinder of charges.
118. Effect of errors.
119. Alteration or addition to charge.
120. Effect of alteration or addition.
121. Recall of witnesses.
122. Withdrawal of charges.

Chapter 4. -THE TRIAL

Section 1. Trial to be fixed.

Art. 123 Trial to be fixed.
124 Witness summonses.
125 Bench warrant.
126 Opening of hearing.
127 Attendance of accused.
128 Verification of identity.
129 Reading out of charge.
130 Objections to the charge.
131 Settlement of objections.
132 Plea of accused.
133 plea of not guilty.
134 Plea of guilty.
135 Amendment of plea.

Section 2. Evidence and judgement

Art. 136 Opening of case and calling of witnesses for prosecution.
137 Form of questions put in examination-in-chief.
138 Antecedents of accused.
139 Re-examination.
140 Absence of cross-examination.
141 Acquittal of accused when no case for prosecution.
142 Opening of case for defence.
143 Additional witnesses.
144 Depositions taken in preliminary inquiry may be put in evidence.
145 Statements made in police investigation may be put in evidence.
146 Objection to evidence.
147 Recording of evidence.
148 Final addresses.
149 Judgement and sentence.

Chapter 5. PRIVATE PROSECUTION

Art. 150 Filing complaint and charge.
151 Attempt to reconcile the parties.
152 Security for costs.
153 Hearing and judgement.

Chapter 6. INJURED PARTY IN CRIMINAL PROCEEDINGS

Art. 154 Principle.
155 Application dismissed.
156 Application allowed.
157 Injured party may withdraw.
158 Acquittal or discharge.
159 Order on award of compensation.

TITLE II
Special Procedures
Chapter 1. PROCEDURE IN CASES OF DEFAULT

Art 160 Principle

Section 1. Failure to appear in public proceedings.

Art. 161 Conditions for trying accused person in his absence.
162 Publication of summons.
163 Hearing and judgement.
164 Setting aside of judgement.

Section 2. Failure to appear in private proceedings.

Art. 165 Absence of private prosecutor .
166 Absence of accused.

Chapter 2. PROCEDURE IN CASES OF PETTY OFFENCES

Art. 167 Summoning of accused.
168 Accused may plead guilty in writing to petty offence.
169 Proceedings and judgement.
170 Procedure where accused appears before the court charged with petty offence.

Chapter 3. PROCEDURE IN CASES CONCERNING YOUNG PERSONS

Art. 171 Principle.
172 Institution of proceedings.
173 Summoning of young person’s guardian.
174 Young person may be assisted by counsel.
175 Removal of young person from chambers.
176 Hearing.
177 Judgement.
178 Orders which may be mode against parents and guardians.
179 Cost of upkeep of young person in certain circumstances.
180 Variation or modification of order mode in respect of young person.

BOOK V
Appeals and Applications to Set Aside

TITLE I
Appeal

Art. 181 Principle.
182 Courts having appellate jurisdiction.
183 Application to his imperial majesty’s Chilot.
184 No interlocutory appeals.
185 Appeal against conviction and sentence.
186 Appeal where injured party claims compensation.
187 Notice of appeal and memorandum of appeal.
188 Stay of execution.
189 Contents of memorandum of appeal.
190 Record and exhibits to be forwarded to court of appeal.
191 Application for leave to appeal out of time.
192 Hearing.
193 Absence of a party to the appeal.
194 Additional evidence.
195 Powers of court of appeal.
196 Where one appeal in case concerning several convicted persons.

TITLE II

Application to set Aside Judgement Given in Default.

Art. 197 Court having jurisdiction.
198. Time and form of application.
199. Grounds for granting application.
200. Action upon filing of application.
201. Hearing.
202. Judgement.

BOOK VI
Execution of Sentences

Chapter 1. GENERAL PROVISIONS

Art. 203 Principle.
204 Warrant in respect of person sentenced to death.
205 Warrant in respect of person sentenced to loss of liberty.
206 Execution may be postponed in certain cases.
207 Warrant in respect of person sentenced to flogging.
208 Warrant in respect of irresponsible persons.
209 Recovery of fines.
210 Payment of costs and compensations.
211 Confiscation of property.
212 Sequestration of property.
213 Orders in respect of young persons.
214 Compulsory labour, secondary penalties and measures.
215 Recording of orders for execution.

Chapter 2. VARIATION OF ORDERS CONTAINED IN SENTENCES

Art. 216 Principle.
217 Procedure and decision.

Chapter 3. REINSTATEMENT

Art. 218 Application for reinstatement..
219 Procedure and decision.

BOOK VII
Costs in Criminal Cases

Art. 220 Costs of public prosecution.
221 Costs of private prosecution.
222 Injured party.

BOOK VIII

Atbia Dagnias with Summary Jurisdiction

Art. 223 Jurisdiction.
224 Appeal.

First Schedule: Places of Trial
Second Schedule: Forms of Charges
Third Schedule: Forms