Criminal Code > BOOK II THE CRIMINAL 2

CHAPTER II ORDINARY PUNISHMENTS APPLICABLE TO ADULTS

Section I- Principal Punishments

Sub-section I- Pecuniary Penalties

Paragraph I- Fine, Confiscation and Sequestration

Article 90- Fine; Principles to be Applied When Fine Imposed.

(1) Fine is paid in money, and is forfeited to the State; subject to any provision of the law to the contrary, it may extend from ten Birr to ten thousand Birr. However, in the case of a juridical person fine may extend from one hundred up to five hundred thousand Birr.

(2) In fixing the amount of the fine, the Court shall take into consideration the degree of guilt, the financial condition, the means, the family responsibilities, the occupation and earnings therefrom, the age and health of the criminal.

(3) When the penalty provided for by the Special Part of this Code is only imprisonment and the criminal is a juridical person, the punishment shall be a fine not exceeding ten thousand Birr for a crime punishable with simple imprisonment not exceeding five years, a fine of up to twenty thousand Birr for a crime punishable with rigorous imprisonment not exceeding five years, a fine of up to fifty thousand Birr for a crime punishable with rigorous imprisonment more than five years but not exceeding ten years, a fine of up to the general maximum laid down in sub-article (1) for a crime punishable with rigorous imprisonment exceeding ten years.

(4) Where only fine is provided for in the Special Part of this Code, and where the criminal is a juridical person, the fine shall be five fold.

Article 91- The Imposition of Fine in Addition to Imprisonment.

Where the Special Part of this Code provides for a fine or imprisonment as an alternative punishment for a crime, and it appears to the Court that, having regard to the degree of guilt and the circumstances of the criminal, it is expedient so to do, it may impose both fine and imprisonment.

Article 92- Motive of Gain as an Aggravating Circumstance.

(1) Without prejudice to any special provision of the law prescribing a higher maximum, where the criminal has acted with a motive of gain or where he makes a business of crime in a way that he acquires or tries to acquire a gain whenever a favourable opportunity presents itself, and where it appears to the Court that, having regard to the financial condition of, and the profit made by, the criminal, it is expedient so to do, it may impose a fine which shall not exceed one hundred thousand Birr.

The fine shall always be in addition to the confiscation of the profit made.

(2) Notwithstanding that no provision is specifically made in the Special Part of this Code, where although gain is not an essential element of a crime, the criminal was motivated by gain in the commission of such crime, the court may impose a fine in addition to imprisonment or measures provided by law.

Article 93- Recovery of Fine.

(1) Fine shall be paid forthwith.

(2) Where the criminal cannot pay the fine forthwith, the Court may allow a period of time for payment; such period may extend, according to circumstances, from one to six months.

(3) Where, having regard to the circumstances of the criminal, it appears to the Court that it is expedient so to do, it may direct the payment of the fine to be made by installments. In fixing the amount and the date for payment of each installment, the Court shall take into consideration the actual means of the criminal. The period of payment shall not exceed three years.

Article 94- Steps Taken by the Court When Fine is not Paid Forthwith.

(1) Whenever a fine is not paid forthwith, the court may require the criminal to produce such sureties or security as is sufficient to ensure the payment of the fine within the stated period.

The security or sureties shall be determined having regard to the circumstances of the case, the condition of the criminal and the interests of justice.

(2) In default of payment of the fine within the fixed period, the Court shall give the appropriate order for the surety or security to be deposited.

(3) When the criminal is unable or deliberately fails to produce surety or security his property shall be seized and sold in accordance with the law. The sale of property shall be carried out subject to the provision of Article 98(3).

Article 95- Conversion of Fine into Labour.

In default of payment of the fine as provided under Articles 93 and 94, the Court shall order the criminal to settle the fine by doing work for the State or for any public authority.

The Court shall, taking into account the amount of the fine, determine the period within which the fines is to be settled. However, the period to b e determined shall not exceed two years.

Article 96- Conversion of Fine into Compulsory Labour.

Where the criminal is not able to fulfill as required under Articles 93-95, the Court shall order the conversion of the fine into compulsory labour.

The period of compulsory labour determined by the Court under this Article shall not exceed two years.

Article 97- Suspension of Enforcement of Compulsory Labour.

When fine is converted into compulsory labour the Court may order the suspension of the enforcement of compulsory labour where the criminal, apart from the case specified under Article 105, is unable to carry out compulsory labour, by reason of his poverty, his family obligation, his state of health or for any other good cause.

Article 98- Confiscation of Property.

(1) Subject to the following provisions of this Article, where the law makes provision for confiscation the Court may order the confiscation of the estate, or part thereof, of the criminal.

(2) Any property which the criminal has acquired, directly or indirectly, by the commission of the crime for which he was convicted shall be confiscated.

An order of confiscation may also apply to any property lawfully acquired by the criminal.

(3) Confiscation shall not affect:

(a) domestic articles normally in use, instruments of trade or profession and agricultural implements, necessary for the livelihood of the criminal and his family;

(b) such amount of foodstuffs and of money as are necessary for the support of the family of the criminal for the support of the family of the criminal for a period of not less than six months or such longer period as the Court, having regard to the particular circumstances of the case and for reasons to be given in its judgment, considers just;

(c) goods, forming part of a family inheritance, of which the criminal cannot freely dispose by gift, will or in any other manner;

(d) half of the common property with regard to the innocent spouse of the criminal, as well as the personal goods of the innocent spouse, children or other persons of which the criminal has, by law or custom, the charge, administration, management or power to dispose.

Article 99- Sequestration of Property.

Where the criminal has been convicted and sentenced in his absence for conspiring or engaging in hostile acts against the constitutional order or the internal and external security of the State, the Court may in addition to any other penalty order the sequestration of his property.

The provisions of Article 98(3) shall apply to an order of sequestration.

Paragraph II. Other Pecuniary Effects

Article 100- Forfeiture to the State.

(1) Any material benefits given or intended to be given to a criminal to commit a crime shall be forfeited to the State.

If they no longer exist in kind the person who received them shall refund their value.

(2) Any fruits of a crime shall be forfeited to the State where its owner or any other claimant is not found within five years starting from the date of publication of notice having been made concerning the recovery of the property in accordance with the usual procedure.

Where the property is likely to be spoiled or become unfit for use it shall be sold in accordance with the usual procedure and the money shall be entrusted to a competent authority for a period not exceeding five years.

Article 101- Restitution or Property, Compensation for Damages and Costs.

Where a crime has caused considerable damage to the injured person or to those having rights from him, the injured person or the persons having rights from him, the injured person or the persons having rights from him shall be entitled to claim that the criminal be ordered to make good the damage or to make restitution or to pay damages by way of compensation.

To this end they may join their civil claim with the criminal suit.

Such claim shall be governed by the provisions laid down in the Criminal Procedure Code.

Article 102- Compensation to Injured Party.

(1) Where it appears that compensation will not be paid by the criminal or those liable on his behalf on account of the circumstances of the case or their situation, the Court may order that the proceeds or part of the proceeds of the sale of the articles distrained, or the sum guaranteed as surety, or a part of the fine or of the yield of the conversion into work, or confiscated property be paid to the injured party.

(2) The claim of the injured party who has been compensated shall be assigned to the State which may enforce it against the person who caused the damage.

Sub-section II- Compulsory Labour and Penalties Entailing Loss of Liberty

Paragraph I- Compulsory Labour

Article 103- Compulsory Labour with Deduction of Wages to the Benefit of the State.

(1) Where the crime is of minor importance and is punishable with simple imprisonment for a term not exceeding six months, the Court may, if the criminal is healthy and is not a danger to society, sentence him to compulsory labour without any restriction of personal liberty subject however to supervision.

This penalty may extend from one day to six months.

(2) The criminal shall serve his sentence of compulsory labour at the place where he normally works or is employed or in a public establishment or on public works.

An amount not exceeding one third of the criminal’s wages or profits shall be deducted and forfeited to the State.

(3) The amount to be deducted, the place where the sentence is to be served, and the period thereof and the nature of the supervision shall be stated in the judgment.

Article 104- Compulsory Labour With Restriction or Personal Liberty.

(1) Where the circumstances of the case show that it is proper or necessary so to do, especially where the criminal fails to discharge his obligation as specified under Article 103(1) above, or where, with a view to keeping the criminal away from unfavourable surroundings or undesirable company, it is expedient so to do, the Court may direct that compulsory labour shall be subject to restriction of personal liberty.

(2) The nature and the duration of such restriction shall be determined by the Court according to the circumstances of the case.

Such restriction may require the criminal to discharge the compulsory labour by remaining in a particular place of work, or with a particular employer, or in a particular establishment, or without leaving his residential area or a restricted area under the supervision of government officials.

(3) If the criminal fails to comply with any such requirement, he shall be liable to simple imprisonment for a period equal to any unfinished period of the sentence of compulsory labour.

Article 105- Suspension of Sentence During Illness.

When the criminal apart from the conditions laid down under Article 97 of this Code, falls ill during the period of his sentence of compulsory labour, he shall not be required to do any work until he recovers.

When the criminal recovers he shall be ordered to resume the compulsory labour; if he is not able to resume the compulsory labour he shall be ordered to carry out another work which is suitable to his health and personal circumstances. Where it is impossible to give or implement such an order, the Court may not impose another penalty on the criminal.

Paragraph II- Penalties Entailing Loss of Liberty

Article 106- Simple Imprisonment.

(1) Simple imprisonment is a sentence applicable to crimes of a not very serious nature committed by persons who are not a serious danger to society.

Without prejudice to conditional release, simple imprisonment may extend for a period of from ten days to three years.

However, simple imprisonment may extend up to five years where, owing to the gravity of the crime, it is prescribed in the Special Part of this Code, or where there are concurrent crimes punishable with simple imprisonment, or where the criminal has been punished repeatedly.

The Court shall fix the period of simple imprisonment in its judgment.

(2) The sentence of simple imprisonment shall be served in such prison or in such section thereof as is appointed for the purpose.

Article 107- Substitution of Compulsory Labour for Simple Imprisonment.

Wherever by reason of local administrative difficulties the execution of a sentence of simple imprisonment is not possible or the carrying out of such sentence is not conducive to the reform or the rehabilitation of the criminal, the Court may, in respect of crimes for which the Special part of this Code provides for a term of simple imprisonment not exceeding six months, inflict a sentence of compulsory labour (Art. 103 or 104) instead of the sentence of simple imprisonment.

The provisions of this Article shall have effect notwithstanding that no provision is made in the Special Part for the application of a sentence of compulsory labour instead of one of simple imprisonment.

Article 108- Rigorous Imprisonment.

(1) Rigorous imprisonment is a sentence applicable only to crimes of a very grave nature committed by criminals who are particularly dangerous to society.

Besides providing for the punishment and for the rehabilitation of the criminal, this sentence is intended also to provide for a strict confinement of the criminal and for special protection to society.

Without prejudice to conditional release, the sentence of rigorous imprisonment is normally for a period of one to twenty-five years but where it is expressly so laid down by law it may be for life.

(2) The sentence of rigorous imprisonment shall be served in such prisons as are appointed for the purpose.

The conditions of enforcement of rigorous imprisonment are more severe than those of simple imprisonment.

Article 109- Common Provisions.

The following provisions are common to both forms of imprisonment. They shall have, as their aim, the achievement of the purpose the determination of the penalties had in view.

Regulations relating to prisons shall provide for the manner of execution of sentences, the admission to prison, the segregation of prisoners, the contact of prisoners with persons outside, the internal discipline in the prisons, and for the education and spiritual welfare of the prisoners.

Article 110- Separation of Sexes and Segregation.

(1) Prisoners of different sexes shall serve their sentences in different prisons and, in default of this, prisoners of different sexes shall be kept in different sections of the same prison and shall not be allowed to mix with prisoners of the other sex.

(2) Prisoners who are sentenced to rigorous imprisonment or special confinement shall be kept separate from prisoners under the age of eighteen years or from adult prisoners who are serving a sentence of simple imprisonment.

(3) Prisoners awaiting judgment or persons detained for civil debts, or public servants who, by virtue of their official duty, had contact with prisoners and who are imprisoned for a crime or detained for civil debt shall be kept separate from prisoners serving sentence.

Article 111- Obligation to Do Work and Benefits Accruing Therefrom.

(1) A prisoner serving a sentence with deprivation of personal liberty shall be under an obligation to do work and such obligation is an essential element in the sentence.

A prisoner in good health shall be compelled to do such work as will be assigned by the Director of Prisons. Such work shall be suitable to the prisoner’s ability and shall be of such nature as to reform and educate the prisoner and to be conducive to his rehabilitation.

(2) A prisoner compelled to work shall, if his work and conduct are satisfactory, be entitled to receive compensation for every day’s work.

The amount of such daily compensation, the manner of keeping it during the period of imprisonment and the manner of its payment upon release from imprisonment shall be governed by regulations relating to prisons.

Article 112- Variation of Conditions of Imprisonment.

With a view to ensuring that the sentence has the effect of reforming the prisoner and of enabling him to resume a normal social life on his release, the execution of the sentence shall be carried out in accordance with the following provisions in this Article and with such other provisions as may be laid down by regulations relating to prisons:

(1) The prison administration may, whenever it appears necessary so to do, impose solitary confinement at the beginning or in the course of the execution of the sentence for a maximum of three months.

Before imposing solitary confinement the prison administration shall determine the measure and duration of such confinement after consultation with a medical doctor and, where necessary, a psychiatrist.

(2) The prisoner shall be bound to work either alone or together with others according to the requirements and conditions prevailing at the time.

Outside periods of work and during the night, prisoners shall, as far as possible, be kept isolated.

(3) Good conduct prisoners may be given more favourable treatment as regards food, access to visitors, nature of work and leisure and treatment may be further improved with improved conduct of the prisoner and with the approach of the prisoner’s release.

Provided that any improved treatment may be withdrawn or suspended for a definite or an indefinite period of time in the case of abuse or persistent misconduct of the prisoner.

Article 113- Conditional Release before Expiry of Period of Sentence.

(1) Before the expiry of a sentence of imprisonment, the prisoner may be released on probation, if his conduct has been satisfactory and other conditions laid down by law (Art. 202) have been fulfilled.

Before being released the prisoner may be required to live on probation in a penitentiary or labour settlement or other similar establishment.

(2) The law relating to the execution of sentences and the regulations relating to prisons shall lay down the conditions and the manner of putting into effect the provisions of this Article.

Article 114- Execution of Sentence in the Case of Members of the Defence Forces.

The foregoing provisions shall be without prejudice to the execution of sentences with deprivation of personal liberty, in the case of members of the Defence Forces in which case the sentence shall be carried into effect in military prisons, camps or fortifications.

The manner of carrying out such sentences shall be laid down by regulations.

Article 115- Deduction of Period of Remand.

(1) In passing a sentence with deprivation of personal liberty, the Court shall specify with period of remand shall be deducted from the period of the sentence:

Provided that no such deduction shall be made or a deduction for a limited period shall be made if such remand or a prolongation thereof is attributable to the criminal.

(2) The conditions of remand and the manner in which it is carried into effect are governed by the Code of Criminal Procedure.

Article 116- Period of Time Spent in Hospital and Transfer in Case of Illness.

(1) If while serving sentence a prisoner has to be transferred to a hospital for treatment, the period spent in hospital shall be reckoned as part of the sentence.

If the transfer to hospital is due to an illness or to any cause existing before the prisoner started to serve his sentence, the period in hospital shall, subject to the provision of sub-article (2) of this Article, be reckoned as part of the sentence.

(2) The period spent in hospital due to illness deliberately caused by the prisoner or due to admission to hospital by misleading statement or behaviour of the prisoner shall not be reckoned as part of the sentence.

(3) If while serving sentence, a prisoner is deemed by experts to be suffering from some mental disorder or to be irresponsible for his acts, the sentence shall be suspended and the criminal shall be transferred to a proper institution for care for treatment.

If the mental disorder or state of irresponsibility of the criminal is of a permanent nature the remaining period of the sentence shall not be carried into effect.

Sub-section III- Punishment of Death

Article 117- General Principles.

(1) Sentence of death shall be passed only in cases of grave crimes and on exceptionally dangerous criminals, in the cases specifically laid down by law as a punishment for completed crimes and in the absence of any extenuating circumstances. A sentence shall be passed only on a criminal who, at the time of the commission of the crime, has attained the age of eighteen years.

(2) Death sentence shall not be carried out unless confirmed by the Head of State. It shall not be executed before ascertainment of its non-remission or non-commutation by pardon or amnesty.

(3) The sentence of death shall not be carried out in public by hanging or by any other inhuman means. The penalty shall be executed by a humane means within the precincts of the prison. The means of execution shall be determined by the executive body having authority over the Federal or Regional prison administration concerned.

The execution of the sentence shall be carried out without any cruelties, mutilations or other physical suffering.

(4) After execution the body shall, upon request, be handed to his family. Failing such request, it shall be given a decent burial.

Article 118- Treatment of Prisoner Awaiting Execution.

While awaiting the confirmation and the execution of the sentence the prisoner shall be detained under the same conditions as a prisoner serving sentence of rigorous imprisonment.

The director of prisons shall take such steps as may be necessary for the safety of the prisoner.

Where the prisoner so desires and where it is possible he shall be given some work to do within his cell.

Article 119- Cases Where Death Penalty may be Suspended.

Death sentence shall not be carried out on fully or partially irresponsible or seriously ill person or on a pregnant woman, while they continue to be in that State.

Article 120- Commutation of Sentence of Death.

(1) In the case of a woman with child and such child is born alive and the mother has to nurse such child, the death sentence may be commuted to rigorous imprisonment for life.

(2) A sentence of death may be commuted or remitted by way of pardon or amnesty in accordance with the provisions of this Code (Arts. 229 and 230).

Section II- Secondary Punishments

Article 121- Principles.

Secondary punishments shall not be applied except together with and subject to a principal punishment. Any such punishments shall apply only when the Court has expressly so directed.

Any such punishments may be applied whenever the general provisions of law have been fulfilled notwithstanding that no provision is specifically made for the application of such punishment in any particular case.

In deciding the application of secondary penalties, the Court shall be guided by their aim and the result they would achieve on the safety and rehabilitation of the criminal.

Article 122- Caution, Reprimand, Admonishment and Apology.

(1) Where the Court considers that an appeal to the honour of the criminal will have beneficial effects on the criminal and on society at large, it may in open Court, either during the trial or in its judgment, caution, admonish or reprimand the criminal. The Court may also order the Criminal to make a public apology to the person injured by the crime, or to the persons having rights from such injured person.

(2) The Court may apply any of the punishments mentioned in this Article instead of the principal punishment where it is specifically laid down by law that such punishments apply to minor crimes; or where extenuating circumstances are present (Arts. 82 and 83); or where the law provides for a free mitigation of the punishment (Art. 180); or where enforcement of a sentence is postponed (Art. 192).

Article 123- Deprivation of Rights.

Where the nature of the crime and the circumstances under which the crime was committed justify such an order, and the criminal has, by his unlawful act or omission, shown himself unworthy of the exercise of any of the following rights, the Court may make an order depriving the criminal of:

(a) his civil rights, particularly the right to vote, to take part in any election or to be elected to a public office or office of honour, to be a witness to or a surety in any deed or document, to be an expert witness or to serve as assessor; or

(b) of his family rights, particularly those conferring the rights of parental authority, of tutorship or of guardianship; or

(c) his rights to exercise a profession, art, trade or to carry on any industry or commerce for which a license or authority is required.

Article 124- Period of Deprivation.

(1) Any deprivation (Art. 123) may be permanent or temporary and where temporary shall be from six months to five years.

In fixing the period in each case the Court shall take into consideration the gravity of the crime, the antecedents and character of the criminal, the danger of a relapse into crime, the need for, and utility of the deprivation or the probable effect of the punishment and the interests of society.

(2) A sentence of death or of rigorous imprisonment carries with it the deprivation of all civil rights. When deciding a sentence of rigorous imprisonment, the Court shall determine the duration of the deprivation of civil rights. Subject to the exercise of pardon (Art. 229) and amnesty (Art. 230) or reinstatement (Arts. 232-237) such deprivation shall be permanent in the case of a sentence of death or of rigorous imprisonment for life.

Article 125- Date from Which Deprivation shall have Effect.

(1) Any deprivation shall have effect from the day on which the judgment becomes final.

(2) In the case of temporary deprivation the period fixed shall begin to run from the day of expiry of the term of the principal sentence or the day on which the principal sentence was remitted or barred by limitation.

In the case of conditional release from a sentence restrictive of personal liberty, and where the criminal has been of good conduct during the period of such release, the deprivation or suspension of the exercise of rights shall begin to run from the day of release.

In case of forfeiture of professional rights (Art. 123(C)), the Court may on trial authorize resumption of activity during the probation period of the conditional release (Art. 205).

Article 126- Reinstatement.

A criminal may be reinstated into the exercise of his rights in the cases and under the conditions laid down by law (Arts. 232-237).

Article 127- Dismissal from the Defece Forces and Reduction in Rank.

(1) Where the criminal is a member of the Defence Forces and is convicted by a military court, the Court may in addition order the reduction in rank of the criminal and his dismissal from the Defence Forces where his crime shows him to be of a base, wicked or dangerous disposition.

(2) Such punishment shall be applied after consultatior, with the competent military authority.

Nothing in this Article shall prevent the imposition of any other secondary penalty.

Article 128- Legal Effect.

Reduction in rank or dismissal from the Defence Forces shall take effect as provided by military law.