Case Summaries: Ethiopian Criminal Law

Federal Supreme Court Cassation Division Decisions

1. Homicide by Negligence

• Legal Principle: A professional driver who fails to take the required precautions, leading to a passenger falling and dying while disembarking, meets the criteria for Homicide by Negligence under Article 543(2) of the Criminal Code.
• File Number: 52075

2. Exceeding the Limits of Self-Defense

• Legal Principle: A criminal act committed by exceeding the limits of justifiable self-defense shall be considered a ground for mitigation of punishment (Criminal Code Art. 79(1)).
• File Number: 57446

3. Prohibition Against Double Jeopardy

• Legal Principle: The principle of non-bis-in-idem (protection against being tried twice for the same offense) applies only when a final court decision has established either guilt or innocence/acquittal (Constitution Art. 23).
• File Number: 60217

4. Confiscation of Customs Goods

• Legal Principle: Pursuant to Article 104(3)(a) of the Customs Proclamation, property can only be confiscated if there is convincing evidence that the owner had direct or indirect criminal intent (intent) regarding the commission of the offense.
• File Number: 57243

5. Possession of Unexplained Property/Wealth

• Legal Principle: If a public servant is found in possession of assets or money whose source cannot be identified, the burden of proof lies with the servant to explain the lawful source of that wealth (Criminal Code Art. 419(1)).
• File Number: 63014

6. Elements of the Crime of Deception (Fraud)

• Legal Principle: Where the established facts show the attainment of undue enrichment by exploiting the false belief of another, the requirements for criminal liability for Deception/Fraud are met (Criminal Code Art. 692(1)).
• File Number: 66767

7. Attempted Armed Robbery (Banditry)

• Legal Principle: If a person completes the necessary preparations for a crime (robbery) and reaches a stage of no return, a criminal attempt is deemed to have occurred even if they fail to find any property to steal (Criminal Code Art. 27).
• File Number: 66856

8. Principles of Sentencing

• Legal Principle: Judges must not use an element that is already a constituent part of the crime as a separate ground for the mitigation of punishment (Criminal Code Art. 82(2) and 189).
• File Number: 59356

9. Confiscation of Proceeds of Crime

• Legal Principle: If property is proven to be the “proceeds of crime,” the court must order its confiscation to the State even if the specific penal provision under which the conviction was secured does not explicitly mention confiscation (Criminal Code Art. 98(2)).
• File Number: 66943

10. Limitation of the Right to Bail (Corruption Cases)

• Legal Principle: Under Article 4(1) of the Anti-Corruption Proclamation No. 434/2005, the right to bail is denied only when the crime charged carries a maximum penalty of more than ten years of imprisonment.
• File Number: 63344

11. Intimidation of Criminal Witnesses

• Legal Principle: The intimidation of a prosecution witness is considered “newly discovered evidence.” If verified by a court with the power to investigate facts, the right to bail may be revoked (Criminal Procedure Code Art. 74).
• File Number: 59855

12. Failure to Assist a Person in Danger

• Legal Principle: A defendant taking an injured person to a medical center indicates the fulfillment of a legal obligation imposed by the Criminal Code; it does not, however, serve as a ground for the mitigation of punishment.
• File Number: 62332