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Petty Offences Against Public Interests And The Community

BOOK VIII
SPECIAL PART
TITLE I
PETTY OFFENCES AGAINST PUBLIC INTERESTS AND THE COMMUNITY
CHAPTER I
GENERAL PROVISIONS

Article 776- General Provisions regarding Petty Offences not expressly covered under this Title.

Whoever, save in the cases specially provided in this Title, contravenes the law, regulations, orders, directives or measures lawfully issued by the appropriate authority with a view to protecting, maintaining or restoring:
a)    the credit of the State, the currency, and public confidence; or
b)    public order, peace, tranquility, safety, health and decency; or
c)    the freedom, regularity and safety of means of communication by land, air, river or sea, as well as postal, telephonic and telegraphic correspondence and communications; or
d)    generally, in regard to fiscal, customs, economic, food, health forestry or policy matters,
shall, if his act is not punishable under a specific provision of the Criminal Code or of special legislation, be punishable with fine or arrest to be determined in accordance with the directives laid down hereinbefore (Article 747 and 752).

Article 777- General Provision regarding Participation of a Juridical Person in Petty Offences under this Title.

(1)    A juridical person shall be regarded 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, regulations 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 STATE OR PUBLIC INTERESTS

Section I- Petty Offences against Public Credit and Confidence

Article 778- Refusal of Legal Tender.

Whoever without lawful excuse refuses to accept national money or currency, whether in coins or notes, at the value for which they are legal tender,
is punishable with fine or arrest.

Article 779- Failure to Report the Possession of Counterfeit Money.

Whoever having received spurious, counterfeit or debased coinage or notes does not report the fact to the appropriate public authority or hand them over to such authority, indicating the origin thereof if he knows it, as soon as may be after he has become aware of their spurious nature or alteration,
is punishable with fine or arrest.

Article 780- Use of Illicit Weights and Measures.

Whoever, apart from the cases punishable under the Criminal Code (Art. 367),
(a)    makes use in his relations with third parties of seals, weights or measures which were not officially controlled or which are not in conformity with the relevant laws, regulations or directives; or
(b)    generally, contravenes the laws, regulations or directives issued for the stamping, control and use of official weights and measures,
is punishable with fine or arrest without prejudice to confiscation when justified.

Article 781- Use of Expired or Falsified Transport Titles.

Whoever makes use, as if it were genuine or still valid, of a public transport ticket or voucher which is falsified, has expired or has already been used,
Is punishable with fine or arrest.

Article 782- Fraudulent Securing and Use of Degrees and Certificates.

Whoever, apart from the cases punishable under the Criminal Code (Art. 385), with a view to securing an undue moral or material advantage:
(a)    commits a fraud in official examinations, competitions or entries for the purpose of obtaining a license or a certificate of professional capacity, a diploma or a degree, a post or employment in a public office or department; or
(b)    avails himself of a certificate, diploma or degree which he does not possess or to which he is not entitled,
is punishable with fine or arrest not exceeding one month.

Article 783- Unlawful Making of, Trafficking in, and Wearing of, Civilian Decorations and Insignia.

Whoever:
(a)    Without authorization makes or falsifies civilian decorations, medals or insignia, stores, distributes, sells or offers them for sale; or
(b)    Uses or wears decorations, medals or insignia to which he is not entitled,
is punishable with fine or arrest without prejudice to confiscation.

              Section II- Petty Offences of a Fiscal, Administrative or Financial Nature

Article 784- Violation of Provisions Dealing with fiscal Rights.

Whoever, apart from the cases punishable under the Criminal Code (Arts. 343-345), contravenes the laws, regulations or directives issued by the competent authority regarding:
(a)    the sources of the national income, in particular taxes, customs, post and telegraph, hunting and fishing rights, the use of the natural resources of the soil or sub-soil, or any other similar rights or sources of income; or
(b)    the collection of official dues in respect of stamp and placarding duty, registrations, transfers of ownership and other fiscal charges of the same nature,
is punishable with fine or arrest.

Article 785- Violations of Provisions Dealing with Illicit Traffic in Gold, or Currencies.

Whoever apart from the cases specified in Article 346 of the Criminal Code, violates laws, regulations or directives, issued concerning gold or currency, whether national or foreign, the dealings or rates of which are subject to limitation, restriction or measures of control or protection,
Is punishable with fine not exceeding three hundred Birr or arrest not exceeding three months.

Article 786- Violation of provisions on Precious Metals.

Whoever, apart from the cases punishable under the Criminal Code (Art. 347), contravenes the laws, regulations or directives on the treatment, control, acquisition or sale of precious metals and minerals,
Is punishable with fine or arrest.

Article 787- Violation of Provisions Regarding Negotiable Instruments.

Whoever, contravenes the laws, regulations or directives regarding negotiable instruments, cheques, bills of exchange, as well as shares or bonds of commercial or industrial companies,
Is punishable with fine or arrest.

Article 788- Violation of Provisions Concerning Savings and Banks.

Whoever contravenes the laws, regulations or directives concerning the creation, opening, management and control of banking establishments or companies, or funds for the granting of loans or credit or any other public or private offices issuing invitation to the public for the deposit of funds or savings or for banking or Stock Exchange transactions,
Is punishable with fine or arrest.

Article 789- Violation of Provisions Regarding Lotteries, Gambling and Betting.

(1)    Whoever:
(a)    publicly organizes for profit lotteries, professional betting or gambling without having obtained an authorization from the competent authority; or
(b)    without authorization organizes for profit in a public place or a place open to the public or in a private club gambling or betting or any other officially prohibited games of chance, or participates in such games or betting; or
(c)    in any other way contravenes the relevant laws, regulations or directives,
is punishable with fine or arrest.
(2)    Lotteries and games of chance permitted by law and organized for public or charitable purposes are not punishable.

Article 790- Violation of Provisions on Price Control.

Whoever:
(a)    sells metals, goods, products or objects of any nature whatsoever, whether subject to a monopoly or not, at a price higher than the price fixed in an official pricelist and duly published; or
(b)    demands a higher price than prescribed or authorized by law, in particular in regard to leases or any other kind of rents; or
(c)    in any other way contravenes the relevant laws, regulations or directives;
is punishable with fine or arrest.

Article 791- Violation of Provisions Regarding Organization, Exercise and Control of Trades and Professions.

Whoever, apart from the cases punishable under the Criminal Code, contravenes the laws, regulations or directives regarding the licensing, qualifications, registration, exercise or control of commercial and industrial undertakings, artisans, professional persons, temporary or seasonal employments, or professional associations and societies of any kind,
Is punishable with fine or arrest.

CHAPTER III
BREACHES OF MILITARY DUTIES AND CONTRAVENTIONS
AGAINST THE DEFENCE AND POLICE FORCES

Article 792- Determining Military Contraventions.

Breaches of military duties and crimes against military discipline, other than those mentioned in the provisions of the Criminal Code dealing with military crimes (Art. 284-325) are specified in the Orders and Regulations issued by the appropriate authorities of the Defence Forces.

Article 793- Military Disciplinary Penalties.

(1)    A member of the Defence Forces of any rank or any other person in the service of the Defence Forces, a prisoner or a military internee who has been guilty of a military petty offence shall be punished by the authority under which he serves with the disciplinary penalties provided by the appropriate Defence Forces Regulations.
(2)    As regards ordinary crimes committed by them, the said persons shall be liable to the ordinary provisions and penalties, with the exceptions specially provided for in their case (Art. 319 and 754).

Article 794- Contraventions against the Defence Forces.

Any criminal activity directed against a member of the Defence Forces or against the Defence Forces or the Auxiliary Services and any violation of orders, directives or regulations issued by the appropriate military authority which are not punishable under the Criminal Code shall be deemed to be petty offences against members of the Defence Forces and shall be punishable with fine or arrest on the usual conditions.

Article 795- Application to the Police.

(1)    The same principles shall apply as regards the punishment of the violation of orders, directives or regulations regarding the duties of the Police and the security which they are entitled to while on duty.
(2)    Nothing in this Article shall affect the provisions regarding the acts performed by members of the police acting in the capacity of public servants.

CHAPTER IV
PETTY OFFENCES AGAINST THE DUTIES OF A PUBLIC OFFICE OR A PUBLIC AUTHORITY
Section I- Petty Offences against the Duties of a Public Office

Article 796- Misuse of Authority in the discharge of a Public Office.

Any public servant who, apart from the cases punishable under the Criminal Code (Art. 407), exceeds the authority conferred upon him or misuses such authority,
Is punishable with fine or arrest not exceeding three months.

Article 797- Misuse of the Right of Constraint.

Any public servant lawfully empowered to effect a house search, a seizure or a sequestration, the application or removal of seals, or to effect a personal search or inspection, an arrest, a detention or placing under supervision, an interrogatory or any other similar act who, apart from the cases punishable under the Criminal Code (Arts. 422-424), misuses his authority, in particular by having recourse to vexatious, offensive, indiscreet or incorrect methods,
Is punishable with fine or arrest.

Article 798- Lack of Honesty.

Any public servant who, apart from the cases punishable under the Criminal Code (Arts. 411-419), takes undue advantage of his position to commit dishonest acts.
Is punishable with fine or arrest.

Article 799- Undue Favouring.

Any public servant who, apart from the cases punishable under the Criminal Code (Art, 408,409 and 414), unduly favours, for a motive of personal interest, a person having recourse to his office, or placed under his authority, or for whose care and custody he is responsible,
Is punishable with fine or arrest not exceeding three months.

Article 800- Careless handing over of Official Papers. 

Any public servant who:
(a)    issues or causes to be issued or handed over a passport, an identity card, a permit, an extract from a judgment register, a certificate of good conduct or as to poverty, or in general any document or official attestation of a personal nature, to an unknown person without having previously ascertained by all usual means of checking the identity of the said person and his right to receive the document or instrument in question; or
(b)    allows a person freely to use such a document or instrument although he knows that he is neither the true holder thereof, not has the right to use it,
is punishable with fine or arrest not exceeding three months.

Article 801- Cases of Minor Importance; disciplinary Punishments.

In the case of petty offences committed by a public servant in the discharge of his official duties, the Court may, when the offence appears to it merely to justify disciplinary measures, waive the penalty provided by this Code and, on stating the reasons for its decision, refer the petty offender to the administrative authority to which he reports so that it may impose such punishment as it deems appropriate.

                Section II- Petty Offences against a Public Authority

Article 802- Damage to Official Publications.

Whoever, apart from the cases punishable under the Criminal Code (Art. 432), removes, lacerates, impairs, obliterates, intentionally damages or soils official notices or placards publicly posted up,
Is punishable with fine not exceeding one hundred Birr or arrest not exceeding fifteen days.

Article 803- Failure to make Compulsory Official Statements or Entries.

(1)    Whoever, apart from the cases punishable under the Criminal Code (Art. 434) or a special provision, omits or fails to make, within the time limits prescribed by law or regulations, an official statement or entry of any nature whatsoever which he is bound to make,
is punishable with fine or arrest not exceeding fifteen days.
(2)    Nothing in this Article shall affect the special provisions dealing with compulsory professional declarations in health matters (Art. 835).

Article 804- Undue Publications.

Whoever, apart from the cases punishable under the Criminal Code (Arts. 435 and 451), contravenes any official directives, regulations or orders prohibiting the disclosure of acts, deliberations or decisions of an authority,
Is punishable with fine or arrest.

Article 805- Abuse of Right.

Whoever, apart from the cases punishable under the Criminal Code (Art. 436), knowingly continues to exercise a right which he has lost by law or has assigned, or of which he has been debarred or deprived, whether permanently or temporarily, by the declaration of a judicial authority,
Is punishable with fine or arrest.

Article 806- Refusal to Lend Assistance to a Public Authority.

Whoever, apart from the cases punishable under the Criminal Code (Art. 440), on being duly requested or summoned by a representative of a public authority acting in the discharge of his official duties to lend him indispensable help or assistance, with a view in particular to preventing a breach of the peace, the commission of a petty offence or the escape of a petty offender, refuse so to do without any reason of force majeure or the risk of a serious danger to his person or property,
Is punishable with fine not exceeding one hundred Birr or arrest not exceeding one month.

Article 807- Refusal to Obey an Injunction.

(1)    A person who, apart from the cases punishable under the Criminal Code (Art. 440), on being duly requested or ordered by a public servant acting in the discharge of his duties, refuses:
(a)    to supply his name or identity, his occupation, residence, address or any other particular relating to his personal status, or gives inaccurate information in respect thereto; or
(b)    to stop or move on, to free a public thoroughfare, to allow his papers, luggage or any suspicious things he carries about him to be examined, or to comply with any other order of a similar nature,
is punishable with fine not exceeding one hundred Birr or arrest not exceeding one month.
(2)    Whoever gives inaccurate information in respect to the particulars specified in sub-article 1(a) of this Article is liable to the same punishment.