Criminal Code > TITLE IV CRIME AGAINST 1

TITLE IV CRIME AGAINST THE ADMINISTRATION OF JUSTICE

CHAPTER I CRIMES AGAINST JUDICIAL PROCEEDINGS

Article 443- Failure to Report a Crime.

(1) Whoever, without good causes:

(a) knowing the commission of, or the identity of the perpetrator of, a crime punishable with death or rigorous imprisonment for life, fails to report such things to the competent authorities; or

(b) is by law or by the rules of his profession, obliged to notify the competent authorities in the interests of public security or public order, of certain crimes or certain grave facts, and does not do so,

is punishable with fine not exceeding one thousand Birr, or simple imprisonment not exceeding six months.

(2) Nothing in this Article shall affect the provisions of Articles 254 and 335.

Article 444- Crimes against Whistleblowers or Witnesses.

(1) Whoever assaults, suppresses or harms any person who gives information or evidence to justice authorities or is a witness in criminal cases,

Is punishable with simple imprisonment or fine.

(2) Where the crime has entailed grave harm to the body or health of the victim or his death, the relevant provision concerning such matters shall apply concurrently.

Article 445- Harbouring and Aiding.

Whoever knowingly saves from prosecution a person who has fallen under a provision of criminal law, whether by warning him or hiding him, by concealing or destroying the traces or instruments of his crime, by misleading the investigation, or in any other way, Is punishable with simple imprisonment or fine.

Article 446- Misleading Justice.

Whoever:

a) falsely notifies the authorities of a crime which has not been committed, or falsely accuses himself of a crime which he has not committed; or

b) knowingly gives the authorities inaccurate information in relation to criminal investigation or proceedings, is punishable with simple imprisonment not exceeding six months, or fine not exceeding one thousand Birr.

Article 447- False Denunciation or Accusation.

Whoever:

(a) denounces to the authorities as the perpetrator of a crime a person he knows to be innocent; or

(b) has in any other way, especially by feigning a crime or making an anonymous or inaccurate denunciation, intrigued with the object of causing such proceedings to be taken against an innocent person,

is punishable with rigorous imprisonment not exceeding five years and fine. However, where the false denunciation or accusation has resulted in a more severe punishment he himself shall be sentenced to the punishment which he has caused to be wrongfully inflicted upon the innocent person.

Article 448- Refusal to Aid Justice.

(1) Any person who had been lawfully summoned to appear in judicial or quasi-judicial proceedings as an accused person, witness, expert, interpreter, assessor or juror; or ordered to produce or send an accused person or evidence:

(a) fails or refuses to appear without sufficient cause; or

(b) fails to produce or send the accused person or evidence; or

is punishable with simple imprisonment not exceeding two months, or fine not exceeding one thousand Birr.

(2) Where the criminal pleads a false excuse for the crime committed under sub-article (1), he shall be punished with simple imprisonment not exceeding three months and fine.

(3) Where such person has fraudulently obtained exemption from the obligation placed upon him, simple imprisonment may be increased up to the general maximum prescribed by law, subject to the application of more severe specific provisions under which the fraud may fall, especially those concerning the use of false certificate or forgery.

(4) Where the crime is committed before a Court or a quasi-judicial organ, the punishment prescribed above may be imposed summarily.

Article 449- Contempt of Court.

(1) Whoever, in the course of a judicial inquiry, proceeding or hearing,

(a) in any manner insults, holds up to ridicule, threatens or disturbs the Court or a judge in the discharge of his duty; or

(b) in any other manner disturbs the activities of the Court,

is punishable with simple imprisonment not exceeding one year, or fine not exceeding three thousand Birr.

The Court may deal with the crime summarily.

(2) Where the crime is not committed in open Court but while the judge is carrying out his duties, the punishment shall be simple imprisonment not exceeding six months, or fine not exceeding one thousand Birr.

(3) Where the crime is committed in open Court or during judicial proceedings with violence or coercion, the relevant provision shall apply concurrently (Art. 441).

Article 450- Breach of Secrecy of Proceedings.

(1) Whoever, without lawful authority or excuse, discloses facts, whether secret or declared secret by the Court hearing the case, which have come to his knowledge in the course of the proceedings at which he was present,

Is punishable with simple imprisonment not exceeding six moths, or fine not exceeding five hundred Birr.

(2) Where the disclosure is committed in violation of official or professional secrecy, the relevant provisions shall apply (Art. 397 and 399).

Article 451- Publication of Inaccurate or Forbidden Reports of Proceedings.

(1) Whoever publishes information, a note, a précis or a report which is inaccurate or distorted concerning judicial cases which are adjourned, proceeding or pending,

Is punishable with fine not exceeding five hundred Birr, or, in more serious cases, especially those likely to perturb public opinion or to cause injury to another, with simple imprisonment not exceeding six months.

(2) Publication forbidden by law or by order of the Court is punishable under the relevant special provision (Art. 435).

Where the publication is unlawful, inaccurate and intentional, the Court shall increase the sentence in accordance with the provisions relating to concurrence (Art. 184).