Art. 94.—Adjournment. — Conditions.
(1) The court may of its own motion or on the application of the prosecution or the defense adjourn any hearing at any stage thereof where the interests of justice so require.
(2) An adjournment may not be granted unless:
(a) The prosecutor, public or private, or the accused fails for good cause to appear; or
(b) Witnesses for the prosecution or the defense are not present; or
(c) In a trial other than that of a case committed on preliminary inquiry to the High Court, the prosecution require time for investigation; or
(d) Further evidenced requires to be produced; or
(e) Evidence is produced either by the prosecution or the defense which takes the other side by surprise and the production of which could not have been foreseen; or
(f) The charge has been altered or added to and the prosecutor or the accused requires time to reconsider the prosecution or defense; or
(g) The accused has not been served with a copy of the charge or of the preliminary inquiry or has been served too short a time before the trial to enable him properly to prepare his defence: Or
(h) Prior sanction for a prosecution is required before the trial may start: or
(i) A decision in the trial cannot be given unless other proceedings be first completed: or
(j) The mental stability of an accused requires to be established by an expert: or
(k) The court considers that the accused, if a young person, should be placed under observation: or
(l) The trail cannot be completed in one day and is adjourned to the following day.
(3) No adjournment under paragraphs (a) and (f)-(h) inclusive shall be granted for more than one week.
Art.95-New adjournment and summonses.
(1) Subject to the provisions of sub-art. (3) of Art. 94, the court shall adjourn the hearing for such time only as is sufficient to enable the purpose for which the adjournment was granted to be carried out.
(2) Where the purpose for which the adjournment was granted has not been carried out for a reason not attributable to the fault of the prosecution or the defence, a further adjournment of the same or less duration shall be granted.
(3) Where a hearing has been adjourned under paragraphs (c) or (i)-(k) of Art.94 (2), the court shall, when the purpose for which the adjournment was granted has been carried out, issue new summonses to the parties and witnesses.
Art.96-Effect of adjournment.
(1) On granting an adjournment, the curt shall make such order as is necessary to ensure that the purpose for which the adjournment is granted is carried out. This shall include the issue of warrants on the conditions laid down in Art. 33, 53 and 125.
(2) Where an adjournment has been granted under paragraphs (j) or (k) of Art. 94 (2) the court shall order that the accused be remanded to a place where his state of mind can be examined into by an expert.
All exhibits including depositions and statements under Art. 27 and 30 shall be marked and numbered by the registrar of the court. Such exhibits shall be kept by the registrar in a safe place and shall not be withdrawn without an order of the court.
Art.98-Contents of record.
(1) The record of a trial shall be signed by the court and shall contain:
(a) A copy of the complaint or accusations:
(b) The record of the preliminary inquiry. If any:
(c) The date of the warrant of arrest, if any, or on which-the accused was first arrested:
(d) The date on which the accused was first brought before a court:
(e) The charge filed by the public or private prosecutor and any alterations or additions thereto and in the case of a private prosecution the certificate of the public prosecutor shall be attached;
(f) The plea of the accused;
(g) A copy of the opening address of the public or private prosecutor:
(h) A full record of the evidence of all the witnesses including the cross examination and the re-examination:
(i) A note of any objection made by the prosecutor or the accused and the ruling given thereon. Such not shall be made at the time the objection was raised and where made during the giving of evidence by a witness the record of the evidence shall be interrupted and the note inserted in the record at the point where such evidence was interrupted:
(j) A note of the exhibits admitted as evidence and the number attached thereto including whether the exhibit has been put in by the prosecutor or the accused;
(k) A full not of any submission on points of law and the ruling thereon. Such not shall be included in the recorded at the time when the submission was made;
(l) A not of all adjournments granted and the date to which the trail is adjourned together with a note of the reasons for granting such ad-journment;
(m) A not that the prosecutor and the accused have been informed of their right of appeal.
(2) The record of the trail at each hearing shall start with:
(a) The name of the case and number;
(b) The date and time;
(c) The names of the prosecutor and defence advocate;
(d) The names of the judges.
(3) The record of the trial at each hearing shall close with a note of the time of closure and the dated and time to which the hearing is adjourned.
Art.99-Ordinay place of trial.
Every offence shall be tried by the court within the local limits of whose jurisdiction it was committed.
Art. 100-Accused triable in place where act is dang or where consequences ensued.
Where a person is accused of the commission of any offence by reason of anything which has been done and of any consequence which has ensued such offence may be tried by a court within the local limits of whose jurisdiction any such thing has been done or any such consequence has ensued.
Art. 101-Place of trial where act is an offence by reason of relation to other offence.
Where an act is an offence by reason of its relation to another offence a charge of the first mentioned offence may be tried by a court within the local limits of whose jurisdiction either act was done.
Art.102-Trail where place of offence is uncertain.
(a) Where it is uncertain in which of several local areas an offence was committed; or
(b) Where an offence is committed partly in one local area and partly in another; or
(c) Where an offence continues to be committed in more than one local area;
(d) Where an offence consists of several acts done in different local area, it may be tied by a court having jurisdiction over any of such local areas.
Art 103-Offence committed on a journey.
An offence committed whilst the offender is in the course of performing a journey or voyage may be tried by a court through or into the local limits of whose jurisdiction the offender of the person against whom or the thing in respect of which the offence was committed passed in the course of that journey or voyage.
Art 104-Place of trial offence committed outside Ethiopia on an Ethiopian ship or aircraft.
Art 105-Court having jurisdiction in cases of reinstatement.
Requests for reinstatement shall be brought before the court having passed the sentence the cancellation of which is sought.
Art-106-Change of venue.
Whenever it is made to appear to the High Court by application before a trial has started either by the public prosecutor or by the accused:
(a) That a fair and impartial trail cannot be held in any criminal court subordinate thereto; or
(b) That some question of law of unusual difficulty is likely to arise; or
(c) That an order under this Article will tend to the general convenience of the parties or witnesses; or
(d) The such an order is expedient for the ends of justice or is required by any provision of this Code,
It may make an order against which no appeal shall lie to the effect that:
(I) any offence be tried by nay court not empowered under the provisions of Art. 99-104 of this Chapter but in other respects competent to try such offence;
(II) an accused person be committed for trail to itself.
Art 107-Public prosecutor to direct place of trial.
In cases under Art. 100-104, 116 or 117 the public prosecutor shall decide the court in which the charge shall be filed and on the filing of the charge in accordance with such decision the court shall have jurisdiction.
(1) No person may be tried for an offence other than a petty offence unless a charge has been framed in accordance with the provisions of this Chapter.
(2) The provisions of this Chapter shall apply to charges framed:
(a) By the public prosecutor, whether the case is to be tried by the High Court or a subordinate court; and
(b) By the private prosecutor, where he has been authoresses to conduct a private prosecution.
(3) The Provision of this Chapter shall not apply in case concerning young person’s unless an order to the contrary be made under Art.172.
Art.109-Framing, filing and service of the charge.
(1) The public prosecutor shall within fifteen days of the receipt of the police report (Art.37) or the record of a preliminary inquiry (Art.91) frame such charge as he thinks fit, having regard to the police investigation or preliminary inquiry, and shall file it in the court having jurisdiction.
(2) If, before the trail by the High Court, the prosecutor is of opinion upon the record of the preliminary inquiry received by him that the case is one which is to be tried by a subordinate court, he shall, notwithstanding the decision of the committing court, frame such charge as he thinks fit and shall file it in the subordinate court, he shall, notwithstanding the decision of the committing court, frame such charge as he thinks fit and shall file if in the subordinate court having jurisdiction.
(3) Where the preliminary inquiry discloses offences some of which are to be tried by the High Court and some by a subordinate court, the prosecutor shall frame such charges as he thinks fit and shall file them in the High Court which shall have jurisdiction to try all offences thus charged.
(4) A copy of every charge shall be given to the accused free of cost.
Art.110-Charge wrongly filed.
Where the public prosecutor files a charge in a court having no jurisdiction the court shall refuse to accept such charge and shall direct the public prosecutor to file the charge in a court, having jurisdiction and shall so specify in writing in the charge sheet:
Provided that the court may not refuse to accept a charge filed by the public prosecutor under Art. 630 Penal Code by reason only that a court subordinate thereto has jurisdiction to try such charge and on the filing of such charge the court shall have jurisdiction to try such offence ,
Art 111.- Contents and form of the charge.
(1) Every charge shall be dated and signed and shall contain:
(a) The name of the accused; and
(b) The offence with which the accused is charged and its legal and material ingredients; and
(c) The time and place of the offence and, where appropriate, the person against whom or the property in respect of which the offence was committed; and
(d) The law and article of the law against which the offence is said to have been committed.
(2) The charge be in the form set out in the Second Schedule to this Code or shall conform thereto as nearly as may be.
Art.112-Description of circumstances.
Each charge shall describe the offence and its circumstances as to enable the accused to know exactly what charge he has to answer. Such description shall follow as closely as may be the words of the law creating the offence.
Art.113-Where it is doubtful what offence has been committed.
(1) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed the offence which appears the more probable to have been committed and he may be charged in the alternative with having committed all other offence which the facts which can be proved might constitute.
(2) Where the evidence shows that the accused committed an offence with which he might have been charged in the alternative and the offence is within the jurisdiction of the court, be may be convicted of such offence notwithstanding that he was not charged with it, where such offence is of lesser gravity than the offence charged.
(3) Nothing in this Article shall prevent the court from applying the provisions of Art.6 and 9 Penal Code.
114-Aggravated offence how charged and procedure.
(1) Where an accused person may be charged with an aggravated offence by reason of previous convictions, he shall be charged with the unaggravated offence and the charge shall be filed in the court having jurisdiction to try the aggravated offence.
(2) Where the accused is convicted of the unaggravated offence the public prosecutor may, after conviction and before sentence, prove the previous convictions of the accused which, had they been proved at the trial, would have resulted in his conviction of the aggravated offence. The court, may sentence him as though he had been convicted accordingly.
Art.115-Person charged with an office may be convicted of an attempt or as accessory or instigator.
(1) Where the accused is charged with an offence, be may be convicted of having attempted to commit the offence although the attempt is not separately charged.
(2) Where an accused is charged with an offence as principal, he may be convicted as an instigator or as an accessory, although he was charged as such.
Art.116-More than one charge.
(1) A charge may contain several different counts relating to the same accused and each offence so charged shall be described separately.
(2) All charge may be tried together but where the accused is likely to be embarrassed in his defense, the court shall order the charges to be tried separately.
Art.117-Joinder of charges.
(1) All persons accused of having participated in whatever capacity in the offence or offence even at different time shall be charged and tried together.
(2) Nothing in this Article shall prevent the court from ordering separate trials where separation is required in the interests of justice.
(3) Where several persons have committed different offence connected with the same criminal activity they may where necessary be charged and tried together.
Art.118 Effect of errors.
No error in stating either the offence or the particulars required to be stated on the charge and no omission to state the offence or those particulars shall be regarded as material and no charge containing such error or omissions shall be regarded as invalid unless they related to essential points or the accused was in fact misled by such error or omission or justice is likely to be thereby defeated.
Art.119- Alteration or addition to charge.
(1) Where the accused is brought to trial on a charge containing essential errors or omissions or such errors or omissions that the accused has been or is likely to be misled, the court may at any time before judgment of its own motion or on application order the charge to be altered or added to or a new charge to be framed , as the case may be.
(2) Every such alteration, addition or new charge shall be read and explained to the accused.
(3) The provisions of this Article shall also apply in the case of errors or omissions within the meaning of Art. 118
Art.120-Effect of alteration or addition.
(1) Where a charge is altered or added to or a new charge is framed, the court shall ask the accused to state whether he is ready to be tried on such altered, added or new charge.
(2) Where the accused declares that he is not ready, the court shall consider the reasons he gives, if proceeding immediately with the trial is not likely, in the opinion of the court, to prejudice the accused in his defence the court may proceed with the trial as if the altered, added or new charge had been the original charge.
(3) If proceeding immediately with the trial is likely in the opinion of the court to prejudice the accused in his defiance or the prosecutor in the conduct of the case, an adjournment shall be ordered (Art.94)
Art.121- Recall of witnesses.
Whenever a charge is altered or added to or a new charge is framed after the beginning of the trial, the prosecutor and the accused shall be allowed to recall and examine, with reference to such alteration, addition or new charge, any witnesses who may have been examined and may also call any further evidence which may be material.
Art.122-Withdrawal of charges.
(1) With the permission of the court the public prosecutor may before judgment at any stage of the proceedings withdraw and charge other than a charge under Art.522 (homicide in the first degree) or Art. 637 (aggravated robbery).
(2) Where the public prosecutor informs the court that the withdrawal of a charge is on the instructions of government, the court shall, if it is satisfied that the public prosecutor has been so ordered, grant permission to the public prosecutor to withdraw the charge.
(3) Where no new charge is framed under the provision of Art.119 the accused shall be discharged.
(4) The court shall give reasons for allowing or refusing withdrawal of a charge.
(5) The withdrawal of a charge under the provisions of this Article is no bar to subsequent proceedings.
Art.123-Trial to be fixed.
When the charge has been filed under Art. 109, the court shall forthwith fix the date of trial and cause the accused and the public prosecutor to be summoned to appear on the date and at the time fixed by the court. It shall take such steps as are necessary to secure the attendance of the accused, if in custody.
(1) So soon as the date of the trial has been fixed, the public prosecutor and the accused shall give the registrar a list of their witnesses and expert, if any, whose presence is necessary. The registrar shall forthwith issue summonses in the form prescribed in the Third Schedule to this Code.
(2) The public prosecutor and the accused shall be responsible for ensuring the all exhibits to be produced at the trial shall be in court on the day fixed for the trial.
Where an accused person or a witness, who has been duly summoned and there is proof of service of such summons, has failed to appear as required, the court may issue a bench warrant and such accused person or witness shall be brought before the court be the police.
Art.126-Opening of hearing.
(1) The court shall sit on the day and at the hour fixed for the hearing.
(2) Where an interpreter is required for the purposes of any proceedings, the court shall select a qualified court interpreter. Where none is available it will select a court shall select a qualified court interpreter. Where none is available it will select a competent interpreter but no person shall be selected who is a relative to the accused or prosecutor or is himself a witness.
(3) The case shall be called and the accused shall be produced.
Art.127-Attendace of accused.
(1) The accused shall appear personally to be informed of the charge and to defend himself. When he is assisted by an advocate the advocate shall appear with him.
(2) The accused shall be adequately guarded and shall not be chained unless there are good reasons to believe that he is dangerous or may become violent or may try to escape.
Art.128-Verification of identity;
When the accused has been brought into the dock his identity, age and trade shall be established.
Asrt.129.-Reading out of charge.
The charge shall be read out to the accused by the presiding judge who shall then ask the accused if he has any objection to the charge.
Art.130-Objection to the charge.
(1) If the accused has anything to say as to the form or contents of the charge, the provisions of Art.119 et seq. shall apply.
(2) The provisions of Art. 131 shall apply where the accused states:
(a) That he the case is pending before another court; or
(b) That he has previously been acquitted or convicted on the same charge or
(c) That the charge against him has been barred by limitation or the offence with which he been charged has been made the subject of pardon or amnesty; or
(d) That he will be embarrassed in his defiance if he is not granted a suppurate trial, where he is tried with others; or
(e) That no permission to prosecute as required by law has been obtained; or
(f) That the decision in the criminal case against him cannot be given until other proceedings have been completed; or
(g) That he is not responsible for his acts.
(3)where no objects is raised under this Article immediately after the accused has been required by the court to state his objections, the accused shall be barred from raising any such objection at any later stage in the trial, unless objection be such as to prevent a valid judgment being given.
Art.131-Settlement of objections.
(1) The court shall take down any objection that may have been raised under Art.130 (2) and shall ask the prosecutor whether he has any statement to make in relation to such objection.
(2) The court shall decide forthwith on the objection where the objection can be disposed of by reference to the law or the facts on which the objective is based are not disputed by the prosecutor.
(3) Where a decision cannot be made forthwith owing to lack of evidence. The court shall order that the necessary evidence be submitted without delay.
(4) The court shall make its decision forthwith upon the necessary evidence having been produced.
Art.132-place of accused.
(1) After the charge has been read out and explained to the accused, the presiding judge shall ask the accused whether he pleads guilty or not guilty.
(2) Where there is more than one charge the presiding judge shall read out and explain each charge one by one and shall record the plea of the accused in respect of each charge separately.
(3) The plea of the accused shall be recorded as nearly as possible in the words of the accused.
Art.133-Plea of not guilty.
(1) Where the accused says nothing in answer to the charge or denies the charge, a plea of not guilty shall be entered.
(2) Where the accused admits the charge with reservations, the court shall enter a plea of not guilty.
Art.134-Plea of guilty.
(1) Where the accused admit without reservations every ingredient in the offence charged, the court shall enter a plea of guilty and may forthwith convict the accused.
(2) Where a plea of guilty has been entered, the curt may require the prosecution to call such evidence for the prosecution as it considers necessary and may permit the accused to call evidence.
Art.135-Amendment of plea.
(1) Where a plea of guilty has been entered and it appears to the court in the course of proceedings that a plea of not guilty should have been entered, the court may change the plea to one of not guilty.
(2) The conviction, if any, shall then be set aside.
Art.136- opening of case of calling of witnesses for prosecution.
(1) After the plea of the accused has been entered, the public prosecutor shall open his case explaining shortly the charges he proposes to prove and the nature of the evidence he will lead. He shall do so in an impartial and objective manner.
(2) The public prosecutor shall then call his witnesses and experts, if any. The witnesses and experts shall be sworn or affirmed before they give their testimony.
(3) They shall be examined in chief by the public prosecutor, cross-examined by the accused or his advocate and may be re-examined by the public prosecutor.
(4) The court may at any time put to a witness any question which appears necessary for the just decision of the case.
Art 137- Form of questions put in examination-in-chief.
(1) Questions put in examination-in chief shall only relate to facts which are relevant to the issues to be decided and to such facts only of which the witness has direct or indirect knowledge.
(2) No leading question shall be put to a witness without the permission of the accused or his advocate of the public prosecutor, as the case may be.
(3) Question put in cross-examination shall tend to show to the court what is erroneous, doubtful or untrue in the answers given in examination- in chief. Leading question may be to a witness in cross-examination.
(1) Unless otherwise expressly provided by law, the previous convictions of an accused person shall not be disclosed to the court until after he has been convicted.
(2) The previous convictions of an accused person shall not be included in the record of any preliminary inquiry.
The public prosecutor, the accused or his advocate may on re-examination only ask questions for the purpose of clarifying matters which have been raised in cross-examination.
Art.140- Absence of cross-examination.
Failure to cross-examine on a particular point does not constitute an admission of the truth of the point by the opposite party.
Art.141- Acquittal of accused when no case for prosecution.
When the case for the prosecution is concluded, the court, if it finds that no case against the accused has been made out which, if unrebutted, would warrant his conviction, shall record an order of acquittal.
Art.142-Opening of case for defence.
(1) Where the court finds the t a case against the accused has been made out and the witnesses for the injured party, if any, have been heard it shall call on the accused to enter upon his defence and shall inform him that he may make a statement in answer to the charge and may call witnesses in his defence.
(2) The accused or his advocate may open his case and shortly explain his defence stating the evidence he proposes to put forward. He shall then call his witnesses and expert, if any, who shall be worn or affirmed before they give their testimony.
(3) The witnesses for the defense may be called in any order,
Provided that, where the accused wishes to make a statement, he shall speak first.
The accused may not be cross-examined on his statement but the court may put questions to him for the purpose of clarifying any part of his statement.
(1) The court may at any time before giving judgment call any witness whose testimony it thinks is necessary in the interests of justice.
(2) The prosecution and the accused may call any witness whose name does not appear on the list of witnesses. Such witness shall be summoned where the court is satisfied that he is a material witness and the application for a summons is not being made for the purpose of delaying the case.
(3) The prosecutor may in a case committed for trial to the High Court call any witness who has not given evidence at the preliminary inquiry where he informs the accused in writing of the name of the witness he proposes to call and of the nature of the testimony he will give.
Art.144-Depositions taken in preliminary inquire may be put in evidence.
(1) The deposition of a witness taken at a preliminary inquiry may be read and put in evidence before the High Court where the witness is dead or insane, cannot be found, is so ill as not to be able to attend the trial or is absent from the Empire.
(2) The deposition of an expert taken at a preliminary inquiry may be read and put in evidence before the High Court although he is not called as a witness.
Art.145-Statements made in police investigation may be put in evidence.
(1) The court may, on the request of the accused or the prosecutor, refer to statement made by a witness to a police officer in the curse of police investigation.
(2) In may then, if it thinks it expedient in the interests of justice, direct the accused to be furnished with a copy thereof and such statement may be used to impeach the credit of such witness.
Art-146-objection to evidence.
Where the prosecutor the accused objects to the admission of any evidence or the putting of a question to a witness, the court shall decide forthwith on the admissibility of such evidence.
Art-147-Recording of evidence
(1) The evidence of every witness shall start with his name, address, occupation and age an indication that he has been sworn or affirmed.
(2) The evidence of each witness shall be taken down in writing by the presiding judge or, if, for some reason, he is unable to record the evidence, by another judge or clerk under his personal direction and superintendence.
(3) The evidence shall be divided into evidence –in chief, cross-examination and re-examination with a not as to where the cross-examination and re-examination begin and end.
(4) The evidence shall ordinarily be taken down in the form of a narrative.
Provided that the presiding judge may, in his direction, take down or cause to be taken down any particular question and answer.
(1) After the evidence for the defence has been concluded the prosecutor may address the court on questions of law and fact.
(2) The accused or his advocate shall then address the court on questions of law and fact. He shall always have the last word.
(3) Where there are more than one accused the presiding judge shall decide in which order the accused or their advocates shall address the court.
Art.149-judgmetn and sentence
(1) When the final addresses including the addresses under Art.156, if any, have been concluded, the court shall give judgment. The judgment shall be dated and signed by the judge delivering it. The judgment shall contain summary of the evidence, shall give reasons for accepting or rejecting evidence and shall contain the provisions of the law on which it is based and, in the case of a conviction, the article of the law under which the conviction is made.
(2) Where the accused is found not guilty, the judgment shall contain an order of acquittal and, where appropriate, an order that the accused be released from custody.
(3) Where the accused is found guilty, the court shall ask the prosecutor whether he has anything to say as regards sentence by way of aggravation or mitigation. The prosecutor may call witnesses as to the character of the accused.
(4) Where the prosecutor has made his submissions on sentence the accused or his advocate shall be entitled to reply and may call witnesses as to character. Where accused does not admit any fact regarding his antecedents, the prosecutor shall be required to prove the same.
(5) The court shall then pass sentence and shall record the articles of the law under which the sentence has been passed.
(6) Nothing herein contained shall affect the provisions of Art.195 and 196 Penal Code.
(7) After delivery of judgment the prosecutor and the accused shall be informed of their right of appeal.
Art.150-Filing complain and charge
(1) Where a private complainant has been authorized under Art. 44 (1) to conduct a private prosecution, he shall within fifteen days file his complaint and the charge in the court having jurisdiction.
(2) Where a charge is not in accordance with the authorization the court shall require the private complainant to amend the charge to confirm to such authorization.
Art.151-Attempt to reconcile the parties.
(1) When the complaint and the charge have been filed the court shall summon the complainant and the accused to appear.
(2) Before reading out the charge to the accused the court shall attempt to reconcile the parties. Where a reconciliation is effected, if shall be recorded by the court and shall have the effect of a judgment.
Art.152- Security for costs.
Where a reconciliation has not affected, the court shall decide whether the private prosecutor should give security for costs. Where an order for security is made, the sum to be secured and the nature of the security shall be stated in the order.
Art.153-Hearing and judgment.
(1) Where the private prosecutor has complied with the order, if any, under Art.152, the case shall proceed in accordance with Art.123-149, the parties having the same rights and duties as in public proceedings.
(2) The court shall give judgment as in ordinary cases.
Chapter 6-injured party in criminal proceedings
(1) Where a person has been injured by a criminal offence, he or his representative may at the opening of the hearing apply to the court trying the case for an order that compensation be awarded for the injury caused. The application shall be in writing and shall specify the nature and amount of the compensation sought. He shall not on filing his application pay the prescribed court fees us though it were a civil case.
(2) The person making the application shall be shown the list of the witness to be called by the prosecution and defiance and shall be asked whether he wishes additional witnesses to be called. Where he wishes additional witnesses to be called, he shall be required to pay the prescribed fees for the issue of witness summonses as though it were a civil case.
(3) The provisions of this chapter shall apply to public and private prosecutions
(4) Where the person making the application acts in the capacity of private prosecutor, he shall specify which witnesses he calls in support of the prosecution and which he calls in support of his civil claim. The provisions of sub-art. (1) and (2) shall apply.
(1) The court shall consider the application and shall of its own motion or on the request of the prosecution or the defence refuse the application where.
(a) A young person is the accused; or
(b) The accused is being tried in his absence; or
(c) The injured party has instituted proceedings in a civil court having jurisdiction; or
(d) The person making the application is not qualified for suing; or
(e) The claim for compensation cannot be determined without calling numerous witnesses in addition to those to be called by the prosecution and defiance; or
(f) The court is of opinion that the hearing of the injured party’s claim for compensation is likely to confuse, complicate or delay the hearing of the criminal case.
(2)The application shall be dismissed where the amount of compensation claimed exceeds the pecuniary jurisdiction of the court.
(3) where the court dismisses the application its decision shall be final and no appeal shall lie against it. The injured party shall be informed by the court that he may file a claim against the accused in a civil court.
Art.156- Application allowed.
(1) Where the application is allowed the injured party shall be entitled to take part in the proceedings and shall have with regard to evidence all the rights of an ordinary party.
(2) The court shall at the close of the case for the defence permit the injured party or his representative to address the court in person or by advocate on the question of the amount of compensation to be awarded. The accused of his advocate shall have the right to reply.
Art.157-injured party may withdraw.
An injured party may at any time before the close of the case for the defence withdraw his application and thereupon he may file a claim against the accused in the civil court having jurisdiction.
Art.158- Acquittal or discharge.
Where the accused is acquitted or discharged, the court shall not adjudicate on the question of compensation and shall inform the injured party that he may file a claim against the accused in the civil court having jurisdiction.
Art.159-Order on award of compensation.
(1) The court when awarding compensation to an injured party shall order that:
(a) The amount of compensation so awarded be paid to the injured party or his representative: and
(b) Costs as provided for civil cases be paid to the injured party or his representative; and
(c) The accused pay the court fees as if it were a civil case.
(2) Judgment shall be given as in an ordinary case.
(1) The provisions of this Chapter shall apply where the accused fails to appear whether the prosecution is public or private but shall not apply to young offenders.
(2) Where the accused does not appear on the date fixed for the trail and no representative appears satisfactorily to explain his absence, the court shall issue a warrant for his arrest.
(3) Where the warrant cannot be executed, the court shall consider trying the accused in his absence. Where an order to this effect is made the provisions of the following articles shall apply.
Section 1-Failure to appear in public proceedings
Art.161- Conditions for trying accused person in his absence.
(1) Where the accused fails without good cause to appear on the day fixed for the bearing, the court shall record his absence and may direct that he be tried in his absence in accordance with provisions of this Section.
(2) No accused person may be tried in his absence under the provisions of this Section unless he is charged with;
(a) An offence punishable with rigorous imprisonment for not less than twelve years: or
(b) An offence under Art.354-365 penal Code punishable with rigorous imprisonment or fine exceeding five thousand dollars.
Art.162- Publication of summons.
Where the court decides to hear the case in the absence of the accused it shall order the publication of the summons which shall show the date fixed for the hearing. It shall contain a notification to the accused that he will be tried in his absence if he fails to appear.
Art.163. Hearing and judgment.
(1) Where the accused fails to appear after publication of the summons in accordance with Art.162 the case shall continue as in ordinary cases.
(2) The prosecution witnesses shall then be heard and the public prosecutor shall make his final submission.
(3) The court shall give judgment as in ordinary cases.
Art.164- Setting aside of judgment.
An application to set aside the judgment may be made on the conditions laid down in Art.197-202.
Section2-Failure to appear in private proceedings
Art.165-Absence of private prosecutor.
(1) Where the private prosecutor fails without good cause to appear on the date fixed for the hearing, the court shall strike out the case and order the discharge of the accused.
(2) Where a case has been struck out under sub-art (1), the private prosecutor may, within fifteen days of such striking out, apply to the court to have a fresh hearing date fixed. No application shall be granted unless the private prosecutor satisfies the court that his failure to attend on the day of the hearing was due to causes beyond his control.
(3) Where no application is made within fifteen days or it is dismissed, the striking out shall be final with regard to the private prosecutor.
Art.166-Absece of accused.
Where the accused is absent, the provisions of Art. 162 and 163 shall not apply and a bench warrant shall be issued.
Chapter 2-procedure in Cases of Petty Offences
Art.167-Summoning of accused.
(1) Where a petty offence has been committed, the public or private prosecutor shall apply to the court having jurisdiction to summon the accused to appear.
(2) The application and the summons shall contain the name of the accused, the circumstances of the petty offence committed and the law and articles of the law to be applied.
Art.168-Accused may plead guilty in writing to petty offence.
The accused may return the summons to the court endorsing thereon that he pleads guilty to such offence. Such endorsement shall be dated and signed by the accused. In such a case and without prejudice to the provisions of Art.189 (3), he shall be dispensed with the necessity of appearing in court in answer to the summons.
Art.169- Proceedings and judgment.
(1) On receipt of the summons so endured, the court shall record the plea of guilty and, having ascertained the facts of the case from the prosecutor, shall sentence the accused and send him a copy of the judgment.
(2) Where the court proposed to impose a fine only, it shall do so forth with
(3) Where the court intends to impose a sentence of arrest, compulsory labor, a warning or reproof, it shall summon the accused to appear and shall give the accused an opportunity to defend himself before sentence is passed.
Art.170-procedure where accused appears before the court charge with petty offence.
(1) Where the accused does not endorse on the summons that he pleads guilty, he shall appear on the day and at the time fixed for the hearing.
(2) The prosecutor and the accused shall take such steps as are necessary to secure the attendance of their witnesses, if any.
(3) The procedure shall be oral. The court shall only record the salient part of the evidence of each witness. It shall give judgment orally recording briefly the reasons for its judgment and mentioning the provisions of the law under which judgment is given.
(4) Where the accused fails without good cause to appear in private proceedings the court shall give judgment forthwith.
Chapter 3-Procedure incases Concerning Young Persons
Criminal case concerning young persons shall be tried in accordance with the provisions of the Chapter.
Art.172-institution of proceedings.
(1) In any case where a young person is involved. He shall be taken immediately before the nearest Woreda Court by the police, the public prosecutor, the parent or guardian or the complainant.
(2) The court shall ask the person bringing the young person to state the particulars and the witnesses, if any, of the alleged offence or to make a formal complaint, where appropriate, and such statement or complaint shall be recorded . The court may give the police instructions as to the manner in which investigations should be made.
(3) Where the accusation relates to an office punished with rigorous imprisonment exceeding ten years or with death (Art.173 penal Code) the court shall direct the public prosecutor to frame a charge.
(4) Where the case requires to be adjourned or to be transferred to a superior court for trial, the young person shall be handed over to the care of his parents, guardian or relative and in default of any such person to a reliable person who shall be responsible for ensuring his attendance at the trial The witnesses shall be bound over to appear at the trial.
Art.173-Summunig of young person’s guardian.
Where the young person is brought before the court and his parent, guardian or other person in loco parentis is not present, the court shall immediately inquire whether such person exists and shall summon such person to appear without delay.
Art.174-Young person may be assisted by counsel.
The court shall appoint an advocate to assist the young person where;
(a) No parent, guardian or other person in loco parentis appears to represent the young person, or
(b) The young person is young is charged with an offence punishable; with rigorous imprisonment exceeding ten years or with death.
Art.175-Removal of young person from chambers.
Where any evidence or comments are to be given or made which it is undesirable that the young person should hear, he shall be removed from the chambers while such evidence or comments are being given or made.
(1) Where the young person is brought before the court all the proceedings shall be held in chambers. Nobody shall be present at any hearing except witnesses, experts, the parent or guardian or representatives of welfare organizations. The public prosecutor shall be present at any hearing in the High Court.
(2) All proceedings shall be conducted in an informal manner.
(3) The accusation or complain under Art.172 (2) or the charge under Art.172(3) shall be read out to the young person and he shall be asked what he has to say in answer to such accusation or charge.
(4) If it is clear to the court from what the accused says that he fully understands and does not admits the accusation or charge, the court shall record what the young person has said and may convict him immediately.
(5) If it is clear to the court from what the accused says that he fully understands and does not admit the accusation or charge, the court shall inquire as to what witnesses should be called to support such accusation or charge. The young person, his representative or advocate may cause any witnesses to be summoned.
(6) All witnesses shall be examined by the court and may thereupon be cross examined by the defence. All depositions shall be recorded.
(7) When the evidence is concluded, the defence may sum up and there—after the court shall give judgment.
(1) The judgment shall specify the provisions of the law on which it is based. Where the young person is found not guilty, he shall be acquitted and set free forthwith. Where he is found guilty, the court shall impose the appropriate measure or penalty under Art.162. et seq. Penal Code.
(2) The court may call before it any person or representative of any institution with a view to obtaining information concerning the character and antecedents of the young person so as to arrive at a decision which is in the best interest of the young person.
(3) After these persons have been heard, the defence may reply and call his witnesses as to character, who shall be interrogated by the court and thereupon the defence shall address the court as to sentence.
(4) Judgment shall be given as in ordinary cases. The court shall explain its decision to the young person and warm him against further misconduct.
Asdrt.178-Order which may be made against parents and guardians.
Where it thinks fit the court may warn, admonish or blame the parents or other person legally responsible for the young person where it appears that they have failed to carry their duties.
Art.179-Cost of upkeep of young person in certain circumstances.
(1) The parents or other person legally responsible for the care of a young person may be ordered to bear all or part of the cost of his upkeep and training where owing to their failure to exercise proper care and guardian ship the court has ordered the young person to be sent to the care of another person or to a corrective or curative institution.
(2) The scope and duration of such obligation shall be specified in the judgment.
Art.180-Variation or modification of order made in respect of young person.
Any court which has sentenced a young person to a measure may at any time of its own motion or on the application of the young person, his legal representative or the person or institution to which he was entrusted, vary or modify such order if the interest of the young person so requires.