Criminal Code > BOOK IV CRIMES AGAINST 2

CHAPTER II FORGERY OF CERTITICATES

Article 385- Forged Certificates.

(1) Whoever, for the purpose of obtaining for himself or procuring for another an advantage or betterment;

(a) falsifies or counterfeits documents evidencing legitimate rights, personal papers, certificates or testimonials, no matter what their object, or knowingly hands such a paper to another to make unlawful use of its; or

(b) knowingly makes use of paper thus falsified or counterfeited, or of a genuine paper not intended for his use or not relating to himself,

is punishable with simple imprisonment or fine.

Simple imprisonment shall not exceed one year in cases involving private certificates or testimonials, and shall not be less than three months in the case of official papers, such as identity cards or birth certificates, certificates of destitution, of good conduct or of fitness or unfitness, or of extracts from public registers or rolls.

(2) Where the crime is committed by a public servant entrusted with the drawing up, filing, keeping or delivery of such papers, but without the intent of injuring the rights of another (Art. 375), the punishment shall be simple imprisonment from six months to five years or fine or both.

(3) Where the crime is committed negligently, the punishment shall be fine not exceeding one thousand Birr.

Article 386- Fraudulent Procurement of false Official Certification.

Whoever, for the purpose of obtaining for himself or procuring for another an advantage or betterment:

(a) induces, by deceit, a public servant or any other person authorized to verify or establish a fact of legal significance, to certify falsely the authenticity of a date, document or signature, the truth of a copy, or any other similar fact; or

(b) knowingly makes use of an attestation thus obtained to deceive another, is punishable with simple imprisonment or fine.

Article 387- Issuing False Medical Certificate.

(1) Any doctor, dentist, pharmacist, veterinary surgeon, midwife or other person entitled professionally to issue certificates of a medical nature who makes out a certificate which is untrue and calculated to procure an unlawful advantage for, or to injure the legitimate interests of, another person, knowing that such certificate will be used,

is punishable with simple imprisonment or fine, without prejudice to secondary professional penalties (Art. 123(c)) in the event of repetition of the crime.

(2) Where the false certificate has been issued for a consideration, a promise of a consideration, or other benefit, the punishment shall be rigorous imprisonment not exceeding ten years and fine not exceeding fifty thousand Birr.

(3) Where the person who has made the false medical certificate is a public servant, and has acted in his official capacity, the punishment shall be simple imprisonment for not less than three years, or, where the case is serious, rigorous imprisonment not exceeding ten years in respect of a crime under sub-article (1); and rigorous imprisonment not exceeding fifteen years and fine not exceeding one hundred thousand Birr in respect of a crime under sub-article (2).

(4) Whoever knowingly makes use of a false certificate to deceive another, is punishable with the penalty prescribed under sub-article (1) of this Article.

Article 388- Concurrent Crimes.

Where a person has obtained and used a false testimonial or a false certificate, or a genuine certificate not relating to himself or not intended for his use, with the intention of thereby committing a further crime, such as, in particular, breach of trust or fraudulent misrepresentation, and where such further crime has at least been attempted,

The Court shall determine the sentence in the light of the general rule relating to aggravation of the penalty in case of concurrence (Art. 66).

Article 389- False Declaration and Entries.

(1) Any employer, hotelier or innkeeper, or other person required by law to keep a register or list of individuals or activities subject to the control of the authorities, who intentionally:

(a) enters, or causes or permits to be entered, names, dates or personal or material details which are untrue; or

(b) omits to enter them or to cause them to be entered in accordance with the facts,

is punishable with simple imprisonment or fine.

(2) Where the criminal has acted for pecuniary consideration, the punishment shall be simple imprisonment for not less than one year and fine.

Article 390- Instruments and Means of Falsification.

(1) Whoever, with intent to make unlawful use thereof, makes, procures or possesses, delivers or offers for sale or gift any material, means or instrument intended for the counterfeiting of official papers, certificates, diplomas or documents,

Is punishable with rigorous imprisonment not exceeding five years and fine.

(2) Whoever, of his own accord, destroys such material means or instrument before any use whatsoever has been made of them may be exempted from any punishment.