Criminal Code > TITLE III MILITARY CRIMES 1

TITLE III MILITARY CRIMES AND CRIMES AGAINST THE DEFENCE FORCES AND THE POLICE

CHAPTER I MILITARY CRIMES

Section I- Breaches of Liability to Serve

Article 284- Refusal to Perform Military Service.

(1) Whoever, with intent to evade recruitment or military service which he is legally bound to perform, fails to obey an enlistment or mobilization order duly served by personal summons, by placard or by public announcement,

Is punishable with simple imprisonment.

(2) Where the crime is committed in time of emergency, general mobilization or war, the punishment shall be rigorous imprisonment not exceeding ten years.

Article 285- Failure to comply with a Calling-up Order.

(1) Whoever, without seeking to evade recruitment or liability to military service, fails to obey a calling-up notice, in particular for an examination for recruitment, for an inspection, for training, or in respect of any other military obligation,

Is punishable with simple imprisonment not exceeding one year

(2) Where the crime is committed in time of war, emergency, natural disaster or epidemic,

The punishment is rigorous imprisonment not exceeding five years.

Article 286- Intentionally Contracted Unfitness.

(1) Whoever, by maiming or any other voluntary process injurious to his body or health, renders himself, by his own act or that of another, totally or partly unfit for service, be it permanently or temporarily,

Is punishable with simple imprisonment not exceeding three years.

(2) Whoever, for the purpose described above and with the consent of the interested party, renders the latter by any such act, totally or partly unfit for service,

Is punishable with simple imprisonment not exceeding five years.

(3) Where the crime is committed in time of emergency, general mobilization or war,

The punishment is rigorous imprisonment not exceeding fifteen years.

Article 287- Fraudulent Evasion of Service.

(1) Any member of the Defence Forces who, with intent to evade military service, be it permanently or temporarily, employs means intended to deceive the competent civil or military authority, in particular by using false certificate or document, making a false declaration or by feigning an illness or infirmity,

Is punishable with simple imprisonment for not less than three years.

(2) Where the crime is committed in time of emergency, general mobilization or war, the punishment is rigorous imprisonment not exceeding ten years.

Article 288- Desertion.

(1) Any member of the Defence Forces who with intent to evade military service, quits his unit, post or military duties without proper authority, or fails to return to them after being absent with leave,

Is punishable with rigorous imprisonment not exceeding five years.

(2) Where the crime is committed in time of emergency, general mobilization or war, the criminal is punishable with rigorous imprisonment from five years to twenty-five years, or, in the gravest cases, with life imprisonment or death.

Article 289- Absence without Leave.

(1) Any member of the Defecne Forces who, without intent to evade service:

a) leaves his military unit or evades his military duty without proper authority or force majeure; or

b) overstays, except in case of force majeure, a period of leave granted to him,

is punishable with simple imprisonment not exceeding one year.

(2) Where the crime is committed in time of war, the punishment shall be simple imprisonment not exceeding three years.

Article 290- Voluntary Failure to Rejoin the Defence Forces.

Any member of the Defence Forces who, in time of war:

(a) having been separated from his unit, fails to rejoin it, or to join the nearest body of friendly troops; or

(b) having been taken prisoner, fails upon regaining his freedom to report to a military unit or military authority or to return to the ranks,

is punishable with simple imprisonment, or, where his failure is intentional and permanent, with rigorous imprisonment from three years to ten years.

Section II- Abuse of Military Authority

Article 291- Unlawful Exemption from Service.

(1) Whoever, in abuse of his commission or of the military authority conferred upon him, exempts from service a person who is legally under a liability to perform it,

Is punishable with simple imprisonment for at least six months.

(2) Where the crime is committed in time of emergency, general mobilization or war, the punishment is rigorous imprisonment not exceeding ten years.

Article 292- Threats or Violence against an Inferior.

(1) Any member of the Defence Forces who threatens a person subject to his orders or of lower rank, assaults him, or treats him in a degrading manner,

is punishable with simple imprisonment not exceeding one year.

(2) Where the crime is committed with cruelty or violence, weapon or other dangerous instrument, the punishment shall be simple imprisonment not exceeding five years.

Section III- Breaches of Military Duty

Sub-section I- Crimes Endangering Good Service Regulations

Article 293- Infringement of General Service Regulations.

(1) Any member of the Defence Forces who intentionally fails to comply with general service orders or regulations other than disciplinary cases (Art. 791),

Is punishable with simple imprisonment not exceeding six months.

(2) Where the crime is committed in time of emergency, general mobilization or war,

The criminal is punishable with simple imprisonment not exceeding five years.

(3) Where the crime is due to negligence, the criminal shall be subject to disciplinary punishment in time of peace; in time of war or other grave circumstances he is punishable with simple imprisonment not exceeding one year.

Article 294- Incomplete or inaccurate official statements.

(1) Whoever, being required by his commission or military duties to draw up an official report or declaration, or to fill up a service document:

(a) intentionally alters or conceals the facts or the truth, leaves blank any detail or figure which his signature is intended to certify, is punishable with simple imprisonment from two years to five years.

(b) refuses, to draw up or to submit a minute, report or declaration he is required to render, is punishable with simple imprisonment not exceeding five years.

(2) Where the crime is committed negligently, the punishment shall be simple imprisonment not exceeding three years.

(3) Any member of the Defence Forces who makes a false statement or withholds the truth from the competent authority, with the object of obtaining or prolonging leave, is punishable with simple imprisonment.

(4) Where the crime is committed in time of emergency, general mobilization or war, or is likely to have serious consequences, the punishment shall be simple imprisonment not exceeding five years.

Article 295- Drunkenness on Active Duty.

(1) Any member of the Defence Forces who:

(a) repeatedly gets drunk while under arms; or

(b) being drunk, disturbs discipline or causes a public scandal,

is punishable with simple imprisonment not exceeding three months.

(2) Where the drunken person threatens another with his weapon, or otherwise behaves in a dangerous manner, he is punishable with simple imprisonment not exceeding one year.

Article 296- Want of Discipline.

Any member of the Defence Forces who:

(a) absents himself without proper authority from barracks, camps or military quarters, or is found without proper order or authority in a place forbidden to him, or outside the bounds laid down for him; or

(b) takes part in a quarrel or brawl, or in disturbances, or refuse to obey an order to desist issued to him by a superior officer; or

(c) misbehaves or disobeys orders in a hospital, in sick-quarters or else-where at the risk of complication or aggravating his condition or of causing his treatment to be prolonged; or

(d) in any other way, by word of mouth, gesture or deed, disturbs good order or military discipline,

is punishable with simple imprisonment not exceeding three years.

Article 297- Insults or Threats to, or Assaults upon, a Person of Superior or Equal Rank.

(1) Any member of the Defence Forces who insults, threatens or molests a person of superior or equal rank or assaults him,

is punishable with simple imprisonment.

(2) Where the crime is committed with violence or done by the use of a weapon, an instrument or a dangerous object, the punishment shall be rigorous imprisonment not exceeding five years.

(3) Where the crime is committed in time of emergency, general mobilization or war, the punishment shall be rigorous imprisonment not exceeding five years in respect of a crime under sub-article (1), or rigorous imprisonment not exceeding ten years in respect of a crime under sub-article (2).

Article 298- Insubordination.

(1) Any member of the Defence Forces who intentionally fails to carry out, or refuses to obey, an order relating to his duties issued by his commanding officer or the competent military authorities, either to him personally or to the unit of which he is a member, be it by word of mouth, in writing, by sign or in any other way,

Is punishable with rigorous imprisonment not exceeding five years.

(2) Where the crime is committed in time of emergency, general mobilization or war, and where the refusal to obey is definite, the punishment is rigorous imprisonment not exceeding fifteen years.

(3) Where the crime is of exceptional gravity and is committed in the face of the enemy, the punishment shall be rigorous imprisonment for life or death.

Article 299- Mutiny.

(1) Any member of the Defence Forces who, in concert with other members, in an unlawful assembly or by any other method, takes part in a seditious movement leading to insubordination or revolt, or to threats, violence or assault on or against a superior officer or a military authority,

is punishable with rigorous imprisonment not exceeding fifteen years.

(2) Where the mutiny is raised in time of emergency, general mobilization or war, the punishment shall be rigorous imprisonment form five years to twenty-five years, or, in cases of exceptional gravity, life imprisonment or death.

(3) The ringleaders or organizers shall be sentenced to exemplary punishment (Art. 84(1)(d)), within the limits of these punishments.

Article 300- Conspiracy or Concert to Raise a Mutiny.

(1) Whoever conspires or joins with others for the purpose of preparing a mutiny or seditious movement.

is punishable, according to the circumstances of the case, with simple imprisonment, or with rigorous imprisonment not exceeding ten years.

(2) Where the crime is committed in time of emergency, general mobilization or war, the punishment shall be rigorous imprisonment from three years to twenty years.

Article 301- Incitement and Assistance.

In the cases of mutiny in time or emergency, general mobilization or war, incitement (Art. 36(2)), assistance (Art. 37(3)) or an attempt to incite or assist (Art. 27(2)); is punishable with simple imprisonment.

Article 302- Crimes against Guards, Sentries or Patrols.

Insults, threats, assaults, acts or violence, insubordination or mutiny against a military guard, security, or a patrol on duty are punishable under Article 298.

Sub-section II- Crimes against Guard Duty or Instructions

Article 303- Breaches of Guard Duty.

(1) Any member of the Defece Forces who:

(a) intentionally or negligently renders himself incapable of discharging his duties as a guard, be it by drunkenness or otherwise; or

(b) without proper authority, abandons his post, or quits it before being regularly relieved,

is punishable with simple imprisonment.

(2) Where the crime is committed in time of emergency, general mobilization or war, the punishment shall be rigorous imprisonment not exceeding seven years.

(3) Where the crime is committed intentionally in the face of the enemy, the punishment shall be rigorous imprisonment from five years to twenty-five years; or, in grave cases, imprisonment for life or death.

Article 304- Infringement of Military Instructions.

(1) Whoever acts contrary to the instructions issued to a guard, sentry, patrol, escort or to any person with similar duties,

Is punishable with simple imprisonment.

(2) The punishment shall be simple imprisonment for not less than six months where the crime is committed:

(a) when the guard is mounted over a power station supplying electric power or light, dams, weirs, sluices, dykes, jetties, port installations, major protective works, or bridges, viaducts or crossings of vital importance; or

(b) where it is mounted over an arsenal, locomotives or motorized vehicles, an anchorage, a depot or park containing equipment, or a dump of weapons, ammunition, explosives, fuel or provisions; or

(3) Where the crime is committed in time of emergency, general mobilization or war, the punishment shall be rigorous imprisonment not exceeding seven years.

Article 305- Disclosure or Alteration of Instructions.

(1) Any member of the Defence Forces, while on active service, but without committing treason:

(a) gives countersigns, passwords or secret instructions to any person not entitled to receive them; or

(b) knowingly gives to another entitled to receive them countersigns, passwords or secret instructions other than those which he has himself received; or

is punishable with simple imprisonment, or with rigorous imprisonment not exceeding ten years.

(2) Where the crime is committed in time of emergency, general mobilization or war, the punishment shall be:

(a) simple imprisonment not exceeding five years, in the case of negligence; and

(b) rigorous imprisonment not exceeding twenty years, in the case of intentional infringement.

Sub-section III- Crimes against Honesty

Article 306- Misuse or Waste of Material.

(1) Whoever improperly uses, lends or pawns arms, munitions, equipment, material or instruments, vehicles, animals, or any other object entrusted or handed over to him, or to which he has access by reason of his duty or military status,

Is punishable with rigorous imprisonment not exceeding seven years, or, where the case is not serious, with simple imprisonment for not less than three months.

(2) Whoever alienates, makes away with, loses, abandons, damages, wastes, or destroys any of the objects specified above under sub-article (1), is punishable, where no other provision of this Code applies, with rigorous imprisonment not exceeding fifteen years, even where his military status or functions have ended.

(3) Where the instrument or object against which the crime is committed is essential for security of the State, the punishment shall be rigorous imprisonment not exceeding twenty-five years.

(4) Where the crime is committed in time of war, the punishment shall be rigorous imprisonment from five years to twenty-five years, or, in grave cases, imprisonment for life.

Article 307- Malversation or Receipt of Ill-gotten gains.

(1) Whoever, being entrusted with the supervision or guarding, management, procurement or distribution of provisions, money, material, fuel or any other property:

(a) uses them unlawfully, or undervalues them in any manner whatsoever; or

(b) receives or solicits any benefit therefrom, or in any way has an improper interest in the purchase, sale or distribution of any provision, supplies, equipment, goods, or other objects delivered to a garrison, camp, canteen, barracks or other military establishment,

is punishable, where the act does not come under another provision of this Code such as breach of trust, fraudulent administration, corruption, extortion or the like, with simple imprisonment, or, in more serious cases, with rigorous imprisonment not exceeding ten years.

(2) Where the crime is committed in time of war, the punishment shall be rigorous imprisonment not exceeding twenty years.

Section IV- Crimes against the Safety, Morale or Power of the Defence Forces

Article 308- Failure to report Danger.

(1) Any member of the Defence Forces who fails to inform his commanding officer or the military command of an event or fact of which he is aware and which manifestly calls for immediate military measures,

Is punishable with simple imprisonment.

(2) Where the crime is committed in time of emergency, general mobilization or war, the punishment shall be rigorous imprisonment not exceeding fifteen years.

(3) Failure to report a danger or plan of mutiny or desertion is punishable under the relevant provision (Art. 335).

Article 309- Failure to take Essential Security Measures.

(1) A commanding officer or any other person in the service of the Defence Forces who intentionally fails, during military exercise or any other service circumstances, to take on his own initiative the precautionary or security measures necessary to safeguard the lives or health of persons or animals, or to maintain in good order or to ensure the safety of the deports, installations, works, resources or other objects, for which he is responsible, thereby hazarding them,

Is punishable, according to the circumstances of the case, with simple imprisonment, or with rigorous imprisonment not exceeding five years.

(2) Where the criminal has acted negligently, and where the crime appears to justify more than a mere disciplinary penalty, the punishment shall be simple imprisonment not exceeding one year.

(3) Where the crime is committed in time of emergency, general mobilization or war, the punishment shall be:

(a) in the case of an intentional failure, rigorous imprisonment not exceeding seven years, or, rigorous imprisonment not exceeding ten years, where the crime resulted in grave damage; or

(b) in the case of negligent failure, simple imprisonment not exceeding three years.

Article 310- Raising a False Alarm.

(1) Whoever, on the march or in camp, in the field or in barracks, on a warship or on an aerodrome, or in any other place, intentionally raises a false alarm, especially by drawing or discharging his-firearm, by beating a drum, sounding a bugle, by signals, shouts, gestures, or in any other way,

Is punishable with simple imprisonment not exceeding five years.

(2) Where the crime is committed in time of emergency, general mobilization or war, and where it is not punishable more severely under another provision of this Code, the criminal is punishable with rigorous imprisonment not exceeding seven years.

(3) Where the crime is committed negligently, the punishment shall be simple imprisonment not exceeding one year for the act under sub-article (1), and simple imprisonment not exceeding two years for the act under sub-article (2).

Article 311- Demoralization of the Defence Forces.

(1) Any member or military commander of the Defence Forces who, during a time other than those specified under sub-article (2) of this Article, demoralizes the troops by his behaviour, in particular by giving ground (running away) contrary to orders, by throwing away arms, equipment or munitions, by spreading fear or causing disorder or confusion, or by failing to take the steps required of him to prevent or remedy such developments,

Is punishable with rigorous imprisonment not exceeding twenty-five years.

(2) Where the crime is committed in time of battle or immediately before or after battle, the punishment shall be rigorous imprisonment for not less than five years.

(3) Where the crime and its consequences are of particular gravity, the punishment shall be rigorous imprisonment for life or death, according to the circumstances of the case.

Article 312- Cowardice.

Any member of the Defence Forces who, in the face of the enemy and from cowardice:

(a) refuses to take up arms or to use them; or

(b) hides, runs away or abandons his post without orders to that effect; or

is punishable with a minimum of five years to twenty-five years of rigorous imprisonment, or, in the gravest cases, with life imprisonment of death.

Article 313- Capitulation.

Any commanding officer or member of the Defence Forces who:

(a) in battle or in the face of the enemy lays down his arms, raises a flag of truce or dispatches a bearer thereof, hauls down his flag, or surrenders with his men without having done everything that the exigencies of military duty require of him; or

(b) abandons, leaves, scuttles or surrenders his ship, his aircraft, his armoured fighting vehicle or any other instrument of war for which he is responsible, without having done everything in his power to save it; or

(c) surrenders a fortress, a town, port or aerodrome, a garrison, a post or a fortified position, without having exhausted all possible means of defence,

is punishable with rigorous imprisonment for life or with death.

Article 314- Abandonment of Means of War Intact.

(1) Any member of the Defence Forces or any commanding officer who, in time of war, abandons to the enemy, without having done everything in his power to destroy them or put them out of commission, a depot, an establishment, a military camp or installation, munitions, arms, other means of war, bridges, viaducts, railways or any other object of importance to the national defence,

Is punishable with rigorous imprisonment not exceeding twenty years, or, in the gravest cases, with rigorous imprisonment for life.

(2) Where the crime is committed negligently, the punishment shall be simple imprisonment form six months to five years.

Article 315- Improper use of Enemy Uniform or Arms.

(1) Any member of the Defence Forces who improperly wears or makes use of the uniform, insignia or arms of the enemy in a way that creates confusion or causes damage,

Is punishable with rigorous imprisonment not exceeding five years.

(2) Where the crime is committed particularly in time of war, and the act has caused serious confusion or damage, the punishment shall be rigorous imprisonment not exceeding fifteen years.

Article 316- Abandonment of a Wounded or Killed Member.

(1) Any member of the Defence Forces who leaves or abandons and thereby cause the capture by the enemy of his wounded or dead comrades in the battle field,

Is punishable with rigorous imprisonment not exceeding ten years.

(2) Any medical personnel of the Defence Forces who, contrary to his duties or responsibilities, fails to give proper medical treatment to the wounded comrade in the battle field, thereby causing death or grave harm to the wounded, shall be punished in accordance with sub-article (1) hereof.

(3) Where the crime results in creating serious damage to the country’s interest or to the morale of the Defence Forces, the punishment shall be rigorous imprisonment for life or death.

Article 317- Crime Committed against the Possessions of a Wounded or Killed Member.

Any member of the Defence Forces who, with the intent to gain unlawful enrichment, takes public or any other property from a member wounded or killed in the battle field,

Is punishable with rigorous imprisonment not exceeding ten years.

Section V- Common Provisions

Article 318- Crimes Committed by Civilians or by Members of the Militia.

Without prejudice to the liability for crimes against public international law under the provisions of the preceding Title II (Arts. 269-283), the provisions or Articles 284-317 shall apply to any civilian or member of the militia who is on a combat duty within the country or abroad.

Nonetheless, the Court may not aggravate the punishment as in the case of a member of the Defence Forces, for the same crime committed under similar circumstances.

Article 319- crimes committed by Prisoners of War or Military Internees.

(1) Without prejudice to the liability for crimes against public international law under the provisions of the preceding Title II, a prisoner of war or military internee who is on Ethiopian territory or is dependent upon the Ethiopian military or civilian authorities, is subject to the provisions of this Title for any military crime he may commit, with the exception or pecuniary penalties and ordinary disciplinary punishments.

(2) The ordinary punishments of this Code shall apply when the criminal commits non-military crimes.

Article 320- Breaches of Military Duty Committed by Officers or Commanding Officers.

In all cases of breach of liability to perform military service, of breach of military order or discipline, of service or of military obligations in general, an officer or commanding officer, irrespective of rank, shall be subject to exemplary and drastic punishment, according to his degree of guilt, within the limits of the punishments provided under this Code.

Article 321- Additional penalties in Grave Cases.

In all cases punishable with rigorous imprisonment or death, the court may order the payment of a fine not exceeding fifty thousand Birr in the case of a commanding officer, or not exceeding twenty-five thousand Birr in other cases, where the criminal has acted for gain.

The Court may, in addition, order dismissal from the Defence Forces or reduction in rank, where the criminal has shown himself unworthy to serve or unworthy of his rank.

Article 322- Disciplinary Penalties Excepted.

Any member of the Defence Forces who infringes the military laws, regulations or directives and standing orders, shall be subject to disciplinary punishment according to the military regulations (Art. 792(1)), where the crime is so minor that it entails no criminal liability.