Criminal Code > BOOK V 2

CHAPTER II CRIMES AGAINST PERSON AND HEALTH

Article 553- Principle.

(1) Whoever intentionally or by negligence causes bodily injury to another or impairs his health, by whatever means or in any manner, is punishable in accordance with the provisions of this Chapter.

These provisions embrace all manner of bodily assaults, blows, wounds, maiming, injuries or harm, and all damage to the physical or metal health of an individual.

(2) Compensation to the injured party is determined by the Court in light of the gravity of the injury and the position of the parties, in accordance with the general provisions of this Code (Art. 101).

Article 554- Expert Assessment In Case of Doubtful Cases.

Where there is doubt as to the nature of a case, its consequences or its gravity, the Court may call for an expert forensic medical assessment to assist in deciding the case.

Article 555- Grave Wilful Injury.

Whoever intentionally:

a) wounds a person so as to endanger his life or to permanently jeopardize his physical or mental health; or

b) maims his body or one of this essential limbs or organs, or disables them, or gravely and conspicuously disfigures him; or

c) in any other way inflicts upon another an injury or disease of a serious nature,

is punishable, according to the circumstances of the case and the gravity of the injury, with rigorous imprisonment not exceeding fifteen years, or with simple imprisonment for not less than one year.

Article 556- Common Wilful Injury.

(1) Whoever cases another to suffer an injury to body or health other than those specified in Article 555 above,

Is punishable, upon complaint, with simple imprisonment not exceeding one year, or with fine.

(2) The crime is punishable, upon accusation, with simple imprisonment from six months to three years where:

a) the criminal has used poison, a lethal weapon or any other instrument capable of inflicting injuries; or

b) the criminal has inflicted the injuries in breach of a duty, professional or other; or

c) the victim is weak, sick or incapable of defending himself.

Article 557- Extenuating Circumstances.

(1) Whoever intentionally does injury to the person or health of another:

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

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

c) at the request or with the consent of the victim who is capable of realizing his action and its consequences, where the injury is forbidden by law or offends public decency,

is punishable with simple imprisonment not exceeding two years, or fine not exceeding four thousand Birr.

(2) In the case provided for in sub-article (1)(c), simple imprisonment shall not exceed four years where the victim, due to age, mental or other conditions, was partially or completely incapable of realizing the consequences of his request or consent.

Article 558- Consequences not intended by the Criminal.

Whoever has caused grave injury through criminal negligence, although his intention was to inflict common injury,

Is punishable with simple imprisonment from six months to three years.

Article 559- Injuries Caused by Negligence.

(1) Whoever, by criminal negligence, causes another to suffer common injury to person or to health,

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

(2) The punishment shall be simple imprisonment for not less than six months, and a fine of not less than one thousand Birr, where the injury inflicted is of the same kind as the one stated in Article 555, or where it was caused by a person like a doctor or driver, who had a special duty to safeguard the body or health of another.

(3) The crime is punishable upon accusation, where the injury is grave, and upon complaint, where it is common. The extent of the injury shall be determined in accordance with Articles 555 and 556.

Article 560- Assaults.

(1) Whoever assaults another or does him violence without causing bodily injury or impairment of health,

Is punishable, upon complaint, with a fine not exceeding three hundred Birr, or, in serious cases, with simple imprisonment not exceeding three months.

Simple bruises, swellings or transient aches and pains are not held to be injuries to person or health.

(2) Minor crimes that do not come under sub-article (1) of this Article are punishable in accordance with the provision of Article 840 of the Code of Petty Offences.

(3) Where the victim has returned assault for assault, the Court may refrain from inflicting any punishment other than a reprimand or warning for the future on either of the two or both parties.