Criminal Code > TITLE V CRIMES AGAINST 3

CHAPTER III COMMON PROVISIONS

Article 369- Counterfeiting without intent to defraud.

(1) Whoever, without intent to defraud:

(a) counterfeits or imitates, especially by way of advertisement, or with the intention of uttering them as facsimiles, currencies, bank notes, bonds or security documents, or official stamps or postage stamps that they create, or tend to create, risk of confusion; or

(b) imports, exports, accepts in trust, offers for sale or donates or utters such counterfeits or limitations,

is punishable with fine, or where the risk of confusion or fraud is particularly great, with simple imprisonment not exceeding three months.

(2) Reproduction for official scientific or information purposes is not a crime.

Article 370- Endangering of the Currency, Bonds or Security Documents, or Official Marks, Stamps or Seals.

Whoever, without the express order or permission of the competent authority or institution:

(a) sets up, procures, imports, exports, offers or hands over to another, machinery, moulds, dies, paper, metal or other objects or materials used for making or manufacturing currency, bonds or security documents, official marks, stamps, official titles or seals; or

(b) accepts, executes or causes to be executed, or delivers or causes to be delivered, orders for currencies, bonds or security documents, official marks, stamps, official titles or seals,

is punishable with simple imprisonment or fine.

Article 371- Machinery and Means of Falsification.

(1) Whoever, with the object of making unlawful use of them, makes procures, keeps or offers machinery, moulds or dies, paper, metal or any other means for counterfeiting or forging currencies, bank notes, bonds or security documents, official marks, stamps, official titles or seals,

Is punishable with simple imprisonment for at least six months and fine.

(2) Where, however, such machinery and means are intended for counterfeiting or falsifying the national currency, the seal of the State or of any other public authority, the punishment shall be rigorous imprisonment not exceeding seven years.

Article 372- Mitigating Circumstances.

(1) The Court may without restriction mitigate the punishment (Art. 180) or in special circumstances, exempt from punishment any person taking part in the commission of any of the crimes under this Title who:

(a) destroys of his own accord machinery and means of counterfeiting before any use whatsoever has been made of them; or

(b) prevents uttering, use of damage before the crime has come to the knowledge of the public authorities; or

(2) The Court man, whether a penalty has been imposed or not, make an order requiring the criminal to enter into a recognizance to be of good behavior (Art. 135) or an order restricting his personal liberty (Art. 145-150) where it is suspected that he may cause danger in the future.

(3) The Court may reduce the penalty in accordance with the rules on ordinary mitigation (Art. 179) where the making, counterfeiting, forging, debasing or falsification provided in the two preceding chapters is so small or so obvious as not to constitute a serious danger to the interests of the State or to the public.

Article 373- Special Aggravating Circumstances.

Without prejudice to the provisions of the General Part of this Code concerning aggravation of punishment (Art. 84(1)(d)) and seizure of articles (Art. 140), and where the crime is inspired by motives of gain, the punishment shall be fine not exceeding one hundred thousand Birr.

The fine may not exceed two hundred fifty thousand Birr, where the crime of counterfeiting is committed.

Article 374- Protection of the Interests of Foreign States.

The provisions of this Title shall apply equally to the various charges in respect of crimes committed on Ethiopian territory against the official currencies, bonds or security documents, bank notes, seals, stamps, marks, weights or measuring instruments of foreign countries, where there is a convention directed to this end or where reciprocal arrangements have been made with a foreign country.