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Petty Offences Against Persons And Property

TITLE II
PETTY OFFENCES AGAINST PERSONS AND PROPERTY
CHAPTER I
GENERAL PROVISIONS

Article 838- General Provision Regarding Petty Offences not Covered Under this Title.

Whoever, apart from the cases provided by this Code, contravenes the laws, regulations, orders, directives or measures issued for the protection of persons or property,
Shall be punishable with fine or arrest to be fixed in accordance with the general provisions of this Code, if his act is not otherwise punishable under the Criminal Code or special legislation.

Article 839- General provision Regarding Participation of a Juridical Person in Petty Offences Under this Title.

(1)    A juridical person shall be deemed a petty offender and punished in accordance with Article 752 and 768-770, where its official or employee violates one of the provisions in this Title by infringing laws, regulation or directives as a petty offender (Arts. 32 and 34) in connection with the activity of the juridical person with the intent of promoting its interest by an unlawful means or by violating its legal duty or by unduly using the juridical person as a means.
(2)    Where the manager, attorney, member, administrator or member of the controlling or winding-up authority of a juridical person takes part in the commission of a petty offence according to sub-article (1) above due to his position in its management, he shall be punishable in accordance with the relevant provisions of this Title.

CHAPTER II
PETTY OFFENCES AGAINST PERSONS

Section I- Petty Offences Relating to the Protection of Persons.

Article 840- Assault and Minor Acts of Violence.

Whoever, apart from the cases punishable under the Criminal Code (Art. 560(1)):
(a)    commits an assault or minor acts of violence against another person, without striking or wounding the said person, or
(b)    deliberately or negligently throws at another person filth or an object or liquid likely to inconvenience or soil him,
is punishable with fine not exceeding one hundred Birr or arrest not exceeding eight days.

Article 841- Concealment of a Corpse.

Whoever,
(a)    has hidden, buried, drowned, cremated or caused to disappear in any other manner a still-born child or a child alleged to have been still born, or human corpse, without notifying the fact to the competent authority, or has failed to notify to the said authority of the discovery of a corpse; or
(b)    having wounded or killed another in self defence or in a state of necessity, failed to notify the fact forthwith to the competent authority,
is punishable with fine or arrest.

Article 842- Petty Offences against Personal Liberty.

Whoever, apart from the cases punishable under the Criminal Code (Art. 585), causes an infant, or young person, an irresponsible or mentally deficient person, or a person placed under his authority either by law or otherwise, to be admitted to or detained in a public or private institution, or admits to or detains such an institution contrary to the regulations or safeguards laid down by law,
Is punishable with fine or arrest.

Article 843- Infringement of the Right to Private Secrecy.

Whoever, in cases of minor importance or cases of negligence not deserving to be punished under the Criminal Code (Art. 606), violates the right to the secrecy of private life, correspondence or personal matters for whatever motive,
Is punishable with fine or arrest not exceeding fifteen days.

Article 844- Slight Petty offences against Honour.

In cases of slight insult or offensive behaviour not deserving to be punished under the Criminal Code (Art. 615), in particular in the absence of publicity or when the significance of the insult or offensive behavior was not understood by third parties or by the aggrieved party, the Court shall impose a fine not exceeding one hundred Birr or arrest not exceeding eight days, subject to the general provisions relating to exemption from penalty in cases of retaliation or retractation.

              Section II- Petty Offences against Morality

Article 845- Petty Offences against Decency and Morality.

Whoever, apart from the cases punishable under the Criminal Code (Art. 639-641), intentionally offends morality or decency in a public place or a place within the view of the public,
Is punishable with fine or arrest.

Article 846- Immoral Soliciting and Debauchery.

Whoever in the street or in a public place or in a place accessible to the public:
(a)    with an intent contrary to decency or morality molests a person who is not soliciting; or
(b)    by improper soliciting incites another person to sexual intercourse or to committing an act contrary to decency or acts of debaucher of any kind whatsoever; or
(c)    by engaging in prostitution or debauchery, is a nuisance to the occupiers of the dwelling or the inhabitants of the neighbourhood,
is punishable with fine or arrest not exceeding one month.

Article 847- Advertising for Debauchery.

Whoever, with a view to encouraging debauchery or satisfying the sexual urge of others, publicly advertises by any means that debauchery may be enjoyed in a particular place,
Is punishable with fine or arrest.

Article 848- Publicity relating to Abortion.

Whoever, apart from the cases permitted by law, advertises or offers for sale means or product designed to cause abortion, or publicly offers his services to perform abortion,
Is punishable with fine or arrest.

CHAPTER III
PETTY OFFENCES AGAINST PROPERTY

              Section I- Protection of the national Wealth

Article 849- Protection of historical, Artistic and Natural Riches.

Whoever, apart from the cases punishable under the Criminal Code, contravenes the laws, regulations or directives:
(a)    protecting the national historical, archaeological and artistic wealth or the natural sites, springs or riches of any nature whatsoever; or
(b)    rendering compulsory the declaration of the discovery of historical, archeological, geographical or natural riches of national interest, or prohibiting, limiting or controlling the trade in, or export of, antiquities or precious or protected objects of any nature whatsoever; or
(c)    punishing anyone who impairs the value, defaces or places in jeopardy an historical or archaeological monument, a natural site or a specifically protected place,
is punishable with fine or arrest.

Article 850- Protection of the Flora and Fauna.

Whoever contravenes the laws, regulations or directives for the protection and safeguard of the national arborescent species, flora and fauna.
Is punishable with fine or arrest.

              Section II- Petty Offences against Property

Article 851- Protection of Public and Private Property.

Whoever, apart from the cases punishable under the Criminal Code (Art. 685-687), contravenes the laws, regulations or directives protecting public or private property and in particular:
(a)    removes, without due authorization, from a public or private place, earth, stones, wood, sand or materials, grass, hedge, plants or seeds; or
(b)    enters or goes over without being entitled thereto, in any season whatever, enclosed or sown land, or land bearing crops or fruit, or causes or allows his cattle or his mounts to go over such land or pasture thereon; or
(c)    unlawfully enters reserved hunting or fishing land,
is punishable with fine or arrest.

Article 852- Petty Theft.

(1)    Whoever, prompted by need or desire or by lack of conscience, takes a thing of small value belonging to another for his immediate consumption or use,
Is punishable with fine not exceeding fifty Birr or arrest not exceeding fifteen days.
The Court may impose no punishment when the petty offender was urged by hardship or need duly proven.
(2)    A petty theft committed to the prejudice of an ascendant, a descendant or a spouse not legally separated shall not be punishable.
(3)    According to the circumstances of the case, custom and the object of the theft, the Court shall appreciate whether the stolen thing must be regarded as of small value and whether an intention to secure an illicit enrichment, which is the constituent element of theft (Art. 665), must not be admitted.

Article 853- Pilfering and Gleaning.

Whoever in any season of the year:
(a)    without leave takes or gathers in order to eat them on the spot, fruit, berries, grains, vegetables and other agricultural or horticultural products belonging to another person; or
(b)    gleans, rakes or picks in fields, orchards or land owned by another and from which crops have not yet been fully gathered, or does such acts at any time comprised between sunset and sunrise,
is punishable under the proceeding Article.

Article 854- unjustified Possession of Suspicious Articles.

Whoever is found in possession of keys, hooks, pincers, instruments or weapons, or securities, articles or objects the origin of which he cannot explain satisfactorily or the use of which he cannot justify.
Is punishable with fine not exceeding one hundred Birr or arrest not exceeding fifteen days.

Article 855- Failure to Notify the Competent Authority and Concealment of Property.

Whoever omits to notify the competent authority, as soon as circumstances and material conditions enable him so to do,
(a)    upon his finding an object mislaid or lost by another person, or a treasure (Art. 680); or
(b)    upon acquiring or receiving in any capacity whatsoever objects of any nature originating, without his knowledge, from a theft or another offence against another person’s property, the felonious origin of which he subsequently suspected, knew or ascertained,
is punishable with fine or arrest not exceeding one month.

Article 856- Defacement or Depreciation of Another Person’s Property.

Whoever, apart from the cases punishable under the Criminal code (Art. 689 and 690(1)), defaces or depreciates another person’s property, whether by inadequate maintenance of houses, buildings, or walls for the upkeep of which he is responsible, by works effected on another person’s land, by its obstruction or the obstruction of its ways of access, by the discharge thereon of materials or objects, by the diversion or defective upkeep of water or drains, by bad driving or excessive speed or loading of vehicles or beasts of draught or burden or mounts, by the unskillful or careless use of arms or instruments, or by any other fault or negligence of which he may be guilty,
Is punishable with fine or arrest.

Article 857- Damage to Public Monuments.

Whoever, apart from the case of substantial damage to property punishable under the Criminal Code (Art. 690(2)), soils or defaces monuments, buildings statues or other objects intended for public use or enjoyment,
Is punishable with fine or arrest.

                 Section III- Petty Offences against property in General

Article 858- Malicious Injury to Another Person’s Interests.

Whoever, without any intent to secure an illicit enrichment, causes another person to do acts detrimental to his proprietary interests or those of a third party by resorting to deceptive or fraudulent methods, whether out of malice, intent to injure or for any other reason,
Is punishable with fine or arrest not exceeding one month.

Article 859- Filching.

Whoever, knowing that he is unable to pay, orders or obtains foodstuffs, beverages, accommodation or benefits of any kind whatsoever in establishments such as boarding houses, eating houses, inns or hotels catering for the public,
Is punishable with fine or arrest not exceeding one month.

Article 860- Fraudulent obtaining of other Benefits.

Whoever fraudulently obtains without payment benefits which he knew to be obtainable only against remuneration, in particular:
(a)    conveyance by public or private means of transport of any kind whatsoever, on land, by air or by water; or
(b)    admittance to a show, entertainment, performance, exhibition or any other similar function organized for profit; or
(c)    obtaining goods supplied by a vending machine,
is punishable with fine or arrest not exceeding one month.

Article 861- Quackery.

Whoever, apart from the cases punishable under the Criminal Code (Art. 700):
(a)    obtains money by taking advantage of the credulity of others by sooth-saying in any form whatsoever, by calling upon spirits, by indicating means for finding a treasure, or in any similar manner; or
(b)    publicly offers, by advertising or otherwise, to resort to such practices for gain,
is punishable with fine or arrest not exceeding one month.

Article 862- Unauthorized Collections.

Whoever publicly collects funds or appeals for money without being authorized so to do by law or the competent authority,
is punishable with fine or arrest.
This Article shall not apply to collection made in buildings dedicated to the practice of religion, or in private, professional sporting or other clubs, societies or circles, in particular if made for purposes of charity or upkeep.

CHAPTER IV
PETTY ECONOMIC, TRADE OR MARITIME OFFENCES

Article 863- Breach of the Provisions Concerning the Keeping of Books and Account.

Whoever, in violation of a duty resulting from law, a regulation or articles of association, fails or neglects to keep regularly and in good order books and accounts, or to keep his correspondence, invoices and other business papers for the prescribed time,
is punishable with fine or arrest not exceeding one month.

Article 864- Resistance to Compulsory Execution.

A debtor or a third party who, apart from the cases punishable under the Criminal Code (Art. 728-730), disobeys an express and legitimate injunction addressed to him by the prosecuting or liquidation authority, in particular as to his duty:
(a) of announcing, declaring or producing objects forming part of the assets, even though they are not longer in his possession, or credits, claims, debts, mortgages or any other obligations of the same kind; or
(b) of answering a regular summons to be heard or appear in the presence of other, attend a meeting, participate in a  vote, or exercise any other activity presecirbed by the legal provisions relating to proceedings for debt or compulsory execution,
Is punishable with fine or arrest not exceeding eight days.

Article 865- Violation of Regulations regarding the Merchant Service.

Whoever contravenes the laws, regulations or directives regarding the merchant service relating to:
(a)    security measures imposed upon the captain, the officers or the crew of a ship in respect of the signaling, inspection, revision or control of he ship; or
(b)    the keeping of logbooks, registers or other documents; or
(c)    the carrying of freight, cargo, mail or passengers, embarkation and disembarkation, loading and unloading, or movement at sea and in ports; or
(d)    hygiene or health,
is punishable with fine or arrest, if no other provision of the Criminal Code or of special legislation is applicable.