Criminal Code > TITLE IV CRIME AGAINST 3

CHAPTER III CRIMES AGAINST EXECUTION OF SENTNECE

Article 459- Non-observance of Secondary Penalties and Preventive Measures.

Whoever, having been sentenced to one of the secondary penalties or forfeitures provided for in Article 123, or to one of the preventive measures provided for in Articles 141 to 154, knowingly breaks the prohibition or obligation imposed upon him by law,

Is punishable, where no other provision prescribes a more severe punishment (Art. 465), with a fine not exceeding one hundred Birr, or, in more serious cases, with simple imprisonment not exceeding one month.

Article 460- Obstruction of Execution of Sentence.

Whoever, in any manner, saves a person from the execution of the punishments or measures to which he has been sentenced by a Court, Is punishable with simple imprisonment or fine.

Article 461- Escape of Prisoner.

(1) Whoever, being lawfully detained or imprisoned, escapes from a place where he is under custody,

Is punishable with simple imprisonment not exceeding six months.

(2) Where the crime is committed by doing threats or violence towards persons, or by damaging property, the punishment shall be simple imprisonment not exceeding three years.

(3) Where the criminal has been or is to be convicted for the first crime, the relevant provisions on concurrence of crimes or recidivism shall apply.

Article 462- Procuring of, and aiding to, Escape.

(1) Whoever, not being a public servant (Art. 402), procures or facilitates, by violence, coercion, intimidation, trickery, misuse of his personal influence or any other means, the escape of a person under lawful arrest or imprisonment,

Is punishable with simple imprisonment.

(2) The punishment shall be simple imprisonment for not less than three months, and in more serious cases, rigorous imprisonment not exceeding seven years:

a) Where the escape has been accomplished, attempted or promoted by a number of persons acting together, or with the aid of instruments or weapons; or

b) Where the assistance is rendered to a person, whether a civilian or a member of the Defence Forces, sentenced to rigorous imprisonment for twenty years at least.

(3) Where the criminals have had recourse to riot, or has done violence to persons or property, corrupted public employees or prison officers or committed any other concurrent crimes to achieve their ends, the provisions relating to increase of sentence in cases of concurrence (Art. 62 and 63) shall apply.

Article 463- Escape of Prisoners of War and Military Internees and Aiding them to Escape.

Without prejudice to Article 426, the provisions of Articles 461 and 462 shall apply also, in identical circumstances, to prisoners of war and military internees detained in camps or institutions set aside for them, even where they are not there confined in consequence of judicial sentence or decision.

Article 464- Mutiny of Prisoners.

(1) Whoever, being lawfully confined in any place, takes part jointly in riots or disturbances with intent:

(a) to coerce, by force or intimidation, the governor, an official or a warder of the institution, or any other person responsible for its administration or for supervision, to perform or to refrain from performing, any act contrary to their duty; or

(b) to attack any of the above persons while in the discharge of their duties; or

is punishable with simple imprisonment from three months to five years, in addition to the sentence being served or to be pronounced.

(2) The person who has organized or directed the mutiny is punishable:

(a) with rigorous imprisonment not exceeding five years where not act of coercion or violence has been committed; or

(b) where acts of coercion or violence have been committed, with rigorous imprisonment not exceeding ten years, subject to the application of more severe specific provisions where appropriate.

(3) Where acts of violence or injuries have been done to persons or property, the general provisions relating to increase of sentence in the case of a combination of, or of concurrent, crimes (Arts. 62 and 63) shall be applicable.

Article 465- Breaking of Bounds.

Whoever, having been sentenced to obligatory residence in a certain place, or having been prohibited from residing or sojourning in a certain place, or expulsion, breaks the prohibition imposed upon him, Is punishable, except where there is force majeure, with simple imprisonment not exceeding one year, without prejudice to an increase, where appropriate, of the measures of restriction of liberty he has infringed. The term of the sentence is not deducted from that of the measure of restriction of liberty.