Criminal Code > BOOK V 4

CHAPTER IV CRIMES ENDANGERING LIFE, PERSON OR HEALTH

Article 571- Exposure of the Life of Another.

Whoever intentionally puts another in imminent danger of death,

Is punishable, according to the circumstances of the case, with rigorous imprisonment not exceeding three years, or with simple imprisonment for not less than three months.

Article 572- Exposing to Danger through the Violation of Traffic Regulations.

(1) Any driver or pedestrian who exposes to danger the life, body, health or property of another by negligently violating traffic regulations,

Is punishable with simple imprisonment from one month to three years, or fine not les than one hundred Birr, or both.

(2) Where the act has caused injury to the life, body, health or property of another, the relevant provisions of this Code and those of the infringed traffic regulation shall apply concurrently.

Article 573- Endangering the Human Body.

(1) Whoever, with intent to obtain money or other advantage:

a) gives whole alive his organ or a part of his body to another ; or

b) enters into a contract with another person or institution to give his organ or a part of his body after his death,

is punishable with simple imprisonment or fine.

(2) Whoever, with intent to obtain money or other advantage, takes away an organ or a part of the body of another with the latter’s consent, shall be punishable:

a) with rigorous imprisonment from five years to ten years, where the act is committed while the victim is still alive; or

b) with rigorous imprisonment not exceeding five years, where the act is committed after the death of the victim.

(3) Whoever takes an organ or part of the body of another by coercion, fraud, trickery or without the consent of the person concerned,

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

(4) Whoever, apart from the cases specified in the above sub-articles, and contrary to law, regulations or rules, carries out scientific or medical examination, research or experiments on a person’s body by coercing the person or without his consent or knowledge, or discloses or gives under any conditions to another person such information obtained in this manner,

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

(5) Where a juridical person commits one of the acts specified in sub-article (2), (3) or (4) above, it shall be liable to punishment in accordance with Articles 34 and 90 (3) of this Code.

Article 574- Exposure or Abandonment of Another.

(1) Whoever, having the custody or charge, on no matter what grounds, of a person incapable of protecting himself, whether on account of his health, his age, his situation or any other circumstance, intentionally:

a) exposes him, thereby putting him in imminent danger of life or health; or

b) abandons him when in like situation,

is punishable, according to the circumstances of the case, with rigorous imprisonment not exceeding five years, or with simple imprisonment for not less than six months, without prejudice to the deprivation of the criminal’s family rights where necessary.

(2) Where the crime is committed against an infant, the punishment shall be rigorous imprisonment not exceeding seven years.

Article 575- Failure to Lend Aid to Another.

(1) Whoever intentionally leaves without help a person in imminent and grave peril of his life, person or health, when he could have lent him assistance, direct or indirect, without risk to himself or to third parties,

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

(2) Simple imprisonment shall be in addition to fine, and shall be from one month to two years, where:

a) the victim has been injured by the criminal himself, no matter in what circumstances or by whatever means; or

b) the criminal was under an obligation, professional or contractual, medical, maritime or other, to go to the victim’s aid or to lend him assistance.

Article 576- Maltreatment of Minors.

(1) Whoever, having the custody or charge of a minor, ill-treats, neglects, over tasks or beats him for any reason or in any manner,

Is punishable with simple imprisonment not exceeding three months.

(2) Where the crime causes grave injury to the health, well-being, education or physical or psychological development of the minor,

the punishment shall be, in addition to the deprivation of family rights of the criminal, simple imprisonment for not less than one year.

(3) The taking, by parents or other persons having similar responsibilities, of a disciplinary measure that does not contravene the law, for purposes of proper upbringing, is not subject to this provision (Art. 68).

Article 577- Brawls.

(1) Whoever, without confining himself to repelling attack, to defending himself or others, or to separating the combatants, takes part in any brawl or fight of not less than three persons, from which injury to the person or health, or the death, of one of those present or damage to property, may ensue,

Is punishable with simple imprisonment not exceeding one year.

(2) Whoever takes part in a brawl and is found to be carrying, or makes use of, a weapon or instrument capable of causing wounds or death, or any other similar weapon,

Is punishable with simple imprisonment from one month to one year, where no injury has ensued.

(3) Where anyone has been wounded or killed on account of the attendant circumstances of the brawl, especially because of the hatred, state of excitement or drunkenness of the opposing sides, or because they were armed or were provided with instruments, stones or any other objects capable of wounding or causing death, the punishment shall be increased up to the general legal maximum.

(4) In such cases, where those who have caused the injury or death can be discovered, they shall be punishable under the relevant provisions concurrently (Art. 66).

Article 578- Duels.

(1) Whoever takes part in a duel, that is to say in an armed combat involving deadly weapons regulated in advance by tradition or custom, such as to endanger the life, person or health of the participants,

Is punishable, whether or not bodily injury has been sustained, with simple imprisonment or fine.

(2) Where precautions have been taken to eliminate risk of death, simple imprisonment shall not exceed one year, or the fine shall not exceed two thousand Birr.

(3) Where the combat was to last until the death of one of the combatants, the punishment shall be rigorous imprisonment, which shall not exceed ten years, where death actually ensued.

(4) An adversary who, knowingly, infringes the special rules or usages of combat and, by this deceit, wounds or kills the other combatant, shall be punished in accordance with the general provisions of this Code governing homicide or bodily injuries.

Article 579- Duelling: Challenge, Incitement and Aiding.

(1) Whoever challenges another to a duel, transmits such challenge or accepts it,

Is punishable with fine, or where the duel is fought, with simple imprisonment not exceeding one year.

(2) Where the crime is repeated, the punishment shall be simple imprisonment not exceeding three months.

(3) Where one of the adversaries withdraws from the contest, or prevents it, of his own accord, the Court may exempt him, or both parties, from punishment.

(4) Whoever incites another to fight a duel with a third person, whether by intimidation, by encouragement, by showing contempt or otherwise,

Is punishable with fine, or, where the duel is fought, with simple imprisonment not exceeding one year.

(5) The seconds, witnesses, members of the Court of honour, helpers or doctors, appointed to ensure the regularity of the proceeding or to remedy their consequences, are not liable to punishment unless they have encouraged or incited