Criminal Code > TITLE IV CRIME AGAINST 2

CHAPTER II PERJURY AND COGNATE CRIMES

Article 452- False Statements by a Party.

(1) Any party to proceedings before a judicial or quasi-judicial tribunal who being required to speak the truth, knowingly gives a false statement relating to facts material to the issue to be decided by the tribunal.

Is punishable, even where the result sought is not achieved, with simple imprisonment not exceeding one year, or, where the false statement has been made in the course of criminal proceedings and is likely to cause injustice, with rigorous imprisonment not exceeding three years.

(2) Where the party has been sworn or affirmed to speak the truth, the punishment shall be rigorous imprisonment not exceeding five years, particularly where the result sought has been in whole or in part achieved.

(3) Mere inaccurate allegations by a party in defence of his interests are not subject to these provisions.

Article 453- False Testimony, Opinion or Translation.

(1) Whoever being a witness in judicial or quasi-judicial proceedings knowingly makes or gives a false statement or expert opinion, or hides the truth whether to the advantage or the prejudice of any party thereto.

Is punishable, even where the result sought is not achieved, with simple imprisonment, or, in the more serious cases, with rigorous imprisonment not exceeding five years.

(2) Where a witness has been sworn or affirmed to speak the truth, the punishment shall be rigorous imprisonment not exceeding ten years, particularly where the result sought has been in whole or in part achieved.

Where, however, in a criminal case, the accused person has been wrongly convicted or has incurred rigorous imprisonment of more than ten years in consequence of the witness’s act, the witness may himself be sentenced to the punishment which he has caused to be wrongfully inflicted.

(3) Any translator or interpreter who falsely translates or interprets anything in connection with such proceedings and the translation or the interpretation relates to facts material to the issue to be decided by the tribunal, shall be liable to the punishments under sub-article (1) or sub-article (2) above, according to the circumstances.

(4) Where due to its discover, the false testimony, opinion, translation or interpretation is incapable of influencing the decision of the tribunal, the punishment shall be simple imprisonment not exceeding two years.

Article 454- Correction or Withdrawal.

Where the criminal has of his own free will corrected or withdrawn his false testimony, opinion, translation or interpretation before it has taken effect, and provided that the proceedings affected have not been finally concluded, the Court may without restriction mitigate the punishment incurred (Art. 183).

The Court may, according to the circumstances of the case, impose no other punishment than a reprimand accompanied by a warning for the future, where the crime is not serious, and where the correction or withdrawal is prompted by honesty.

Article 455- Provocation and Suborning.

(1) Whoever, by gifts, promises, threats, trickery or deceit misuse of his personal influence or any other means, induces another to make a false accusation, to give false testimony or to make a false report, application or translation before the concerned organ in judicial or quasi-judicial proceedings,

Is punishable, even where the act solicited has not been performed, with simple imprisonment, unless he is punishable for incitement in accordance with the provisions of the General Part (Art. 35).

(2) Whoever, by violence, intimidation or by promising or offering or giving undue advantage causes another to make false accusation or give false testimony or obstructs, through interference, the giving of testimony or the production of evidence in relation to a crime punishable with rigorous imprisonment for more than two years or obstructs law enforcement officials or public servants while exercising their official duties in relation to the same crime,

Is punishable with rigorous imprisonment not exceeding seven years.

Article 456- Misrepresentation in Proceedings.

Whoever, apart from the cases provided for above, in the course of judicial or quasi-judicial proceedings, and with intent to deceive the tribunal, to obstruct proof or to pervert the course of justice with the object of securing a material or moral advantage, or of influencing, favourable or adversely, the decision of the tribunal:

a) conceals, purloins, destroys, damages or renders wholly or party unusable an instrument of title belonging to another, a document in the case, or any exhibit or proof of guilty whatsoever; or

b) hides, modifies, damages or alters the state of places, things or persons,

is punishable, where the crime does not come under a more severe provision of this Code, with simple imprisonment, or in serious cases, with rigorous imprisonment not exceeding seven years.

Article 457- Tendentious Publications Intended to pervert the Course of Justice.

Whoever, in any manner whatsoever, publishes or spreads news, a note, a précis, a criticism, a report or a pamphlet which is inaccurate, or known to be tendentious, or which distorts the facts, and which has been draw up for the purpose of influencing a judicial decision in a case being or to be tried, whether by informing the accused person or his accomplices or by acting upon the feelings of the judge, jurors, witnesses, experts or officers of the Court generally,

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

Article 458- Betrayal of Interests.

(1) Any advocate, attorney, procurator or legal advisor, who knowingly, in litigation of any kind before any judicial or quasi-judicial tribunal, betrays the legal interests he has been instructed to defend, officially or by personal brief, whether by sacrificing the interests of the party for whom he appears or by acting simultaneously for both parties to the same case,

Is punishable with simple imprisonment and fine.

(2) Where the accused person has acted in concert with the opposing party, simple imprisonment shall be for not less than one year; where he has acted for gain, or to procure material advantage, the fine shall not exceed one hundred thousand Birr.

Where the crime is to the prejudice of a person charged with a crime punishable with death or rigorous imprisonment for life, the punishment shall be rigorous imprisonment not exceeding ten years.

(3) Where the crime specified under sub-article (1) is committed negligently, the punishment shall be simple imprisonment not exceeding three months, or fine not exceeding five thousand Birr.