Criminal Code > BOOK V 1

BOOK V

CRIMES AGAINST INDIVIDUALS AND THE FAMILY

TITLE I CRIMES AGAINST LIFE, PERSON AND HEALTH

CHAPTER I CRIMES AGAINST LIFE

Section I- Homicide and its Forms

Article 538- Principle.

(1) Whoever causes the death of a human being intentionally or by negligence, no matter what the weapon or means used, commits homicide.

(2) The punishment to be imposed upon the person who is guilty of intentional or negligent homicide shall be determined according to the following provisions depending on whether the homicide is simple or aggravated.

(3) Any person who committed homicide, whether intentionally or negligently, shall be punished by lawful judicial process and in accordance with decisions rendered thereby.

Article 539- Aggravated Homicide.

(1) Whoever intentionally commits homicide:

(a) with such premeditation, motive, weapon or means, in such conditions of commission, or in any other aggravating circumstance, whether general (Art. 84) or other circumstances duly established (Art. 86), as to show that he is exceptionally cruel, abominable or dangerous; or

(b) as a member of a band organized for carrying out homicide or armed robbery; or

is punishable with rigorous imprisonment for life, or death.

(2) Death sentence shall be passed where the criminal has committed homicide in the circumstances specified under sub-article (1) above while serving a sentence of rigorous imprisonment for life.

Article 540- Ordinary Homicide.

Whoever intentionally commits homicide neither in aggravating circumstances as in Article 539, nor in extenuating circumstances as in Article 541,

is punishable with rigorous imprisonment from five years to twenty years.

Article 541- Extenuated Homicide.

Whoever intentionally commits homicide:

a) by exceeding the limits of necessity (Art. 75), or of legitimate defence (Art. 78); or

b) following gross provocation, under the shock of surprise or under the influence of violent emotion or intense passion made understandable and in some degree excusable by the circumstances,

is punishable with simple imprisonment not exceeding five years.

Article 542- Instigating or Aiding another to Commit Suicide.

(1) Whoever instigates another to commit suicide, or aids him to do so,

Is punishable with simple imprisonment where the suicide is attempted, and with rigorous imprisonment not exceeding five years where it is consummated.

(2) Where the person who has been instigated or aided to commit suicide had not attained the age of majority, or had no capacity because of mental illness or senility, the punishment to be imposed upon the instigator or assistant shall be rigorous imprisonment not exceeding five years, where the suicide is attempted, and rigorous imprisonment not exceeding ten years, where it is consummated.

Article 543- Homicide by Negligence.

(1) Whoever negligently causes the death of another in circumstances other than those specified in sub-article (2) and (3) of this Article,

Is punishable with simple imprisonment from six months to three years, or with fine from two thousand to four thousand Birr.

(2) Where the negligent homicide is committed by a person, such as a doctor or driver, who has a professional or other duty to protect the life, health or safety of another,

The punishment shall be simple imprisonment from one year to five years and fine from three thousand to six thousand Birr.

(3) The punishment shall be rigorous imprisonment from five year to fifteen years and fine from ten thousand to fifteen thousand Birr where the criminal has negligently caused the death of two or more persons or where he has deliberately infringed express rules and regulations disregarding that such consequences may follow or even where he has put himself in a state of irresponsibility by taking drugs or alcohol.

Article 544- Infanticide.

(1) A mother who intentionally kills her infant while she is in labour or while still suffering from the direct effect thereof,

Is punishable, according to the circumstances of the case, with simple imprisonment.

Where the crime is attempted, the Court shall mitigate the punishment (Art. 180) if no injury has been done to the infant.

(2) A mother who kills her child, either intentionally or by negligence, in circumstances other than those specified under sub-article (1) of this Article shall be tried according to the relevant provisions of this Code regarding homicide.

(3) Another person, being a principal, an instigator or an accomplice in the crime committed under sub-article (1) of this Article, is excluded from the benefits of extenuation, and is punishable under the general provisions relating to homicide, according to the circumstances and the degree of his guilt.

Section II- Crimes against Life Unborn; Abortion

Article 545- Principle.

(1) The intentional termination of a pregnancy, at whatever stage or however effected, is punishable according to the following provisions, except as otherwise provided under Article 551.

(2) The nature and extent of the punishment given for intentional abortion shall be determined according to whether it is procured by the pregnant woman herself or by another, and in the latter case according to whether or not the pregnant woman gave her consent.

Article 546- Abortion Procured by the Pregnant Woman.

(1) A pregnant woman who intentionally procures her own abortion is punishable with simple imprisonment.

(2) Any other person who procured for her the means of, or aids her in the abortion, shall be punishable as a principal criminal or an accomplice, with simple imprisonment.

Article 547- Abortion Procured by Another.

(1) Whoever contrary to the law performs an abortion on another, or assists in the commission of the crime,

Is punishable with simple imprisonment.

(2) Rigorous imprisonment shall be from three years to ten years, where the intervention was effected against the will of the pregnant woman or where she was incapable of giving her consent, or where such consent was extorted by threat, coercion or deceit,

or where she was incapable of realizing the significance of her actions.

(3) A pregnant woman who consents to an act of abortion except as is otherwise permitted by law,

Is punishable with simple imprisonment.

Article 548- Aggravated Cases.

Where abortion is performed apart from the circumstances provided by law the punishment shall be aggravated as follows:

(1) in cases where the criminal has acted for gain, or made a profession of abortion (Art. 92), he is punishable with fine in addition to the penalties prescribed in Article 547 above;

(2) in case where the crime is committed by a person who has not proper medical profession, the punishment shall be simple imprisonment for not less than one year, and fine;

(3) in cases where the crime is committed by a professional, in particular, by a doctor, pharmacist, midwife, or nurse practicing his profession, the Court shall, in addition to simple imprisonment and fine, order prohibition of practice, either for a limited period, or, where the crime is repeatedly committed, for life (Art. 123).

Article 549- Attempt to Procure an Abortion on a Non-Pregnant Woman.

The general provisions relating to crimes impossible of completion (Art. 29) shall apply in the case of attempt to procure an abortion on a woman wrongly supposed to be pregnant.

Article 550- Extenuating Circumstances.

Subject to the provision of Article 551 below, the court shall mitigate the punishment under Article 180, where the pregnancy has been terminated on account of an extreme poverty.

Article 551- Cases where Terminating Pregnancy is Allowed by Law.

(1) Termination of pregnancy by a recognized medical institution within the period permitted by the profession is not punishable where:

a) the pregnancy is the result of rape or incest; or

b) the continuance of the pregnancy endangers the life of the mother or the child or the health of the mother or where the birth of the child is a risk to the life or health of the mother; or

c) where the child has an incurable and serious deformity; or

d) where the pregnant woman, owing to a physical or mental deficiency she suffers from or her minority, is physically as well as mentally unfit to bring up the child.

(2) In the case of grave and imminent danger which can be averted only by an immediate intervention, an act of terminating pregnancy in accordance with the provision of Article 75 of this Code is not punishable.

Article 552- Procedure of Terminating Pregnancy and the Penalty of Violating the Procedure.

(1) The Ministry of Health shall shortly issue a directive whereby pregnancy may be terminated under the conditions specified in Article 551 above, in a manner which does not affect the interest of pregnant women.

(2) In the case of terminating pregnancy in accordance with sub-article (1)(a) of Article 551 the mere statement by the woman is adequate to prove that her pregnancy is the result of rape or incest.

(3) Any person who violated the directive mentioned in sub-article (1) above, is punishable with fine not exceeding one thousand Birr, or simple imprisonment not exceeding three months.