Criminal Code > BOOK VI 2

CHAPTER II CRIMES AGAINST PROPERTY

Section I- CRIMES AGAINST MOVABLE PROPERTY

Article 665- Theft.

(1) Whoever, with intent to obtain for himself or to procure for another an unlawful enrichment, abstracts a movable or a thing detached from an immovable, the property of another, whether by taking and carrying or by direct appropriation, or by having it pass indirectly to his own property,

is punishable according to the circumstances of the case, with simple imprisonment, or with rigorous imprisonment not exceeding five years.

(2) Where the criminal himself has detached the movable object from an immovable property, and while so doing has caused damage to the movable or immovable property, the provisions of Articles 689-691 shall apply concurrently.

(3) Where any person has committed petty abstraction of the property of another of a very small value, he shall be punishable according to the provisions relating to petty offences (Arts. 852 and 853).

Article 666- Abstracting Power.

Whoever with intent to enrich himself or a third person abstracts power, whether gas, steam, electrical or other energy, from an installation or conduit belonging to another,

is punishable, according to the circumstances of the case, with simple imprisonment or with rigorous imprisonment not exceeding five years.

Article 667- Abstraction of Things Jointly Owned.

(1) Whoever, with intent to obtain or to procure to a third person an unlawful enrichment, abstracts a thing which he owns jointly with another, whether as co-owner, partner or heir,

is punishable, upon complaint, with simple imprisonment or fine.

(2) The criminal may, however, not be convicted where consumable things are abstracted in an amount not exceeding that due to him.

Article 668- Abstraction to the Detriment of a Deceased person.

Whoever, with intent to obtain for himself or to procure for another an unlawful enrichment, abstracts objects buried with a deceased person from a tomb or vault, or from a dead body, whether buried or not, or abstracts the dead body or one of its parts,

is punishable according to the circumstances of the case, with simple imprisonment, or with rigorous imprisonment not exceeding five years.

Article 669- Aggravated Theft.

Simple imprisonment shall be of not less than one year, or rigorous imprisonment, if to be ordered, shall not exceed fifteen years, according to the gravity of the crime, in the following cases where the act is aggravated by the object, the personal status of the criminal or the circumstances surrounding the theft:

(1) where the crime relates to:

a) sacred or religious objects, or objects of scientific, artistic or historical value, in places of worship or museums or other public buildings or buildings open to the public; or

b) animals or crops without special protection, or objects or implements without protection and destined for telecommunications, electric power, water and sewerage or fro the services of any other institution, or objects, goods or consignments in deposit or in a firm or public office, in particular post offices or transport offices.

(2) where the crime has been committed:

a) by a member of the Defence Forces, against his fellows or superiors, or against objects belonging to or destined to the army; or

b) by a public servant, or by a businessman, banker, attorney, notary, advocate, agent, representative or manager in the exercise of his functions and relating to public or private objects available to him by reason of his special status; or

c) by an innkeeper, landlord, carrier, porter or other similar person, against a client; or

d) by a servant, employee or apprentice taking advantage of his status to the detriment of the employer.

(3) Where the criminal:

a) has acted as a member of a group formed to commit crimes against persons or property; or

b) in any other circumstances showing that he is especially dangerous, in particular where he carries arms or house-breaking instruments, of assault or defence, where he has usurped the status of a public servant, where he has acted at night, by climbing over or breaking in, with a group, or under cover of an emergency, public disturbance or a disaster, such as a riot, a fire or a flood.

Article 670- Robbery.

Whoever, with intent to obtain for himself or to procure for another an unlawful enrichment, and with a view to facilitate the abstraction of a movable object, the property of another, or to render useless any resistance offered during or after the act of abstraction, uses violence or grave intimidation towards a person or otherwise renders such person incapable of resisting,

is punishable with rigorous imprisonment not exceeding fifteen years.

Article 671- Aggravated Robbery.

(1) Where the criminal has committed the act specified under Article 669:

a) as a member of a gang formed in order to commit acts of violence against persons or property; or

b) by seriously threatening his victim with death in particular by means of arms or of a dangerous weapon, or by submitting him to suffering or grave bodily injury; or

c) in any other circumstance showing that he is particularly dangerous,

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

(2) The Court may order rigorous imprisonment for life, or in the most serious cases, the death penalty, where the criminal has acted together with a gang, used arms or other dangerous weapons, means imperiling collective security or means of particular cruelty or where the acts of violence committed have resulted in permanent disability or death.

Armed robbery committed habitually by a gang is punishable with death.

Article 672- Looting.

Whoever commits acts of looting:

a) particularly of food, provisions, supplies, machines or property of special value to the life of the population or the economy or progress of the country; or

b) on the occasion of distress on land, at sea or in the air, such as collision, forced landing or shipwreck,

is punishable, according to the circumstances of the case, for ordinary or aggravated robbery (Art. 670 or 671).

Article 673- Piracy.

Whoever, at sea, commits an act of piracy,

is punishable, according to the circumstances of the case, for ordinary or aggravated robbery (Art. 670 or 671).

Article 674- Special Cases.

Robbery, looting or piracy committed in war time in breach of international law, are dealt with in accordance with the special provisions relating thereto (Art. 273).

Article 675- Breach of Trust.

(1) Whoever, with intent to obtain for himself or to procure for a third person an unjustifiable enrichment, appropriates, or procures for another, takes or causes to be taken, misappropriates, uses to his own benefit or that of a third person, or disposes of for any similar act, in whole or in part, a thing or a sum of money which is the property of another and which has been delivered to him in trust or for a specific purpose,

is punishable, according to the circumstances of the case, with simple imprisonment, or with rigorous imprisonment not exceeding five years.

(2) Property of another includes a sum of money, object or thing of value received by the criminal in consideration of a sum of money, object or thing of value entrusted to him for sale, purchase, exchange or other specific purpose.

(3) The intent to obtain for himself or to procure for a third person an unjustifiable enrichment shall be presumed where the criminal is unable upon call, to produce or repay the thing or sum entrusted, or at the time when he should have returned it or accounted therefore.

Article 676- Aggravated Breach of Trust.

(1) Where the crime is committed against the property of the State or that of a public organization, or where the criminal is a public official, an appointee or a public trustee or an elected representative,

the punishment shall be rigorous imprisonment from five years to fifteen years, and fine not exceeding one hundred thousand Birr.

(2) The crime is punishable with simple imprisonment for not less than one Year, or with rigorous imprisonment not exceeding fifteen years, where:

a) the criminal is a tutor or a curator, liquidator, legal or financial advisor, agent, attorney, property administrator, or any other person to whom the property is available by virtue of his duties or responsibilities; or

b) the criminal has misused a signed blank document entrusted to him in order to create an obligation, discharge or any other act capable of imperiling the rights in property of the signatory; or

c) the crime has been committed by a person making an offer to the public to subscribe in order to obtain for himself or on behalf of a banking, commercial or industrial company or other undertaking, the transfer of funds or securities.

Article 677- Misuse or Waste of State or Public Property.

(1) Whoever, without intent to obtain for himself or to procure for a third person an unjustifiable enrichment, intentionally:

a) improperly uses, lends, sells, transfers to others, exchanges or pledges or mortgages state or public property; or

b) alienates, loses, endangers, wastes or damages State or public property entrusted or handed over to him or to which he has access by reason of his duties or power,

is punishable, according to the gravity of the case, with simple imprisonment not exceeding five years.

(2) Where the act is committed negligently, the punishment shall be simple imprisonment not exceeding one year.

Article 678- Unlawful Use of the Property of Another.

Whoever, without intent to unjustifiably enrich himself or a third person, removes a thing from the owner, in order to deprive the owner thereof or to defraud him, or to make temporary use thereof for his own benefit or that of a third person,

is punishable, upon complaint, with a fine not exceeding five thousand Birr, or, in grave cases, with simple imprisonment not exceeding one year.

Article 679- Misappropriation.

Whoever, with intent to obtain for himself or to procure for a third person an unjustifiable enrichment, appropriates:

a) a thing the property of another and of which he has come into possession by mistake, accident, the operation of natural forces such as wind or water or in any other manner independently of the will of the owner; or

b) an animal, the property of another, which was strayed into his possession,

is punishable, upon complaint, with simple imprisonment or fine.

Article 680- Misappropriation of Lost Property.

(1) Whoever, without notifying the authorities or taking the necessary steps to trace the owner, appropriates lost property which he has found,

is punishable, upon compliant, with a fine not exceeding five thousand Birr, or, according to the gravity of the case, with simple imprisonment not exceeding one year.

(2) Whoever finds a treasure and appropriates it without making the necessary declaration with a view to its assignment to the State as provided by the law, or the assignment of a part thereof to the property owner, is liable to the punishments prescribed under sub-article (1).

Article 681- Misappropriation of Things without Owner or of Natural Resources.

(1) The ownership of things without an owner, such as natural resources, as well as the taking on land, in the air or on water of wild animals not the property of another, is governed by the provisions of civil and public law (Arts. 849 and 850).

(2) The misappropriation or abstracting, with intent to obtain an unlawful enrichment, or historical, archaeological or artistic objects being the property of the State is punishable under the ordinary provisions regarding theft or breach of trust.

Article 682- Receiving.

(1) Whoever receives a thing, which he knows is the proceeds of a crime committed against property by another, or acquires the thing, or receives it on loan, as a gift, in pledge or in any manner whatever, or consumes it, retains or hides it, resells it or assists in its negotiation,

is punishable with simple imprisonment, or in more serious cases, with rigorous imprisonment not exceeding five years, and fine.

(2) Whoever, within the meaning of the above provision, intentionally receives a sum or a thing arising out of the realization or replacement of a thing obtained though the commission of a crime, is liable to the punishments prescribed under sub-article (1).

(3) Where the act under sub-article (1) or (2) is committed negligently, the punishment shall be simple imprisonment not exceeding one year.

(4) The sentencing of the accused is without prejudice to the sentencing of the original criminal.

(5) The provisions permitting the immunity of the principal criminal from charge by reason of kinship (Art. 664), or the mitigation of his punishment by reason of close affection (Art. 83), do not apply to a receiver.

Article 683- Aggravated Receiving.

The deprivation of liberty shall not exceed fifteen years of rigorous imprisonment, and the fine shall not exceed twenty thousand Birr, where the criminal:

a) commits the crime as a member of a group formed to commit crimes against persons or property; or

b) exercises his professional or trade license for the purpose of carrying on acts of receiving; or

c) receives objects which he knows come from acts of robbery, looting, piracy, extortion, blackmail, or objects taken from the Defence Forces or from State property in general.

Article 684- Money Laundering and Aiding.

(1) Whoever launders money or property, derived from corruption, drug trafficking, illegal arms dealings or crimes indicated under Article 243 (2) or (3), Article 262, (1) or (2), Article 455 (2), Article 506 (3) or (4), Articles 507-509, Articles 510 (2), Article 511 (2) or (3) or (5), or Article 512, or any similar serious crime, by disguising its source through investment, transfer or remission,

Is punishable with rigorous imprisonment from five years to fiteen years, and fine not exceeding one hundred thousand Birr.

(2) Whoever, knowingly alters, remits, receives, possesses or makes use of money or property obtained through one of the crimes specified under sub-article (1),

is liable to the penalty under sub-article (1).

(3) Whoever, knowing or having sufficient ground to know the commission of the crime specified under sub-article (1) or (2) above, fails to inform the appropriate authority,

is punishable with simple imprisonment not exceeding six months.

(4) Whoever, knowing or suspecting the initiation of investigation by the police or that it is about to initiate one relating to the crime under sub-article (1) or (2) that a report has been made, or that the case has been assigned to the concerned individual in accordance with internal regulations, informs or tips-off the suspect or any third person,

is punishable with simple imprisonment for not less than one year.

(5) Whoever, knowing that such property is the proceeds of the crime indicted in sub-article (1) above, converts or transfers property for the purpose of concealing or devising the illicit origin of the property or helps any person involved in the commission of the same crime, or conceals or disguises the true nature, source, location, disposition, movement or ownership of or rights with respect to the property,

Is punishable with the penalty provided for the crime under sub-article (1) above.

(6) Where a juridical person participates in one of the crimes specified above, the punishment shall be determined in accordance with Article 90 of this Code.

(7) For the purpose of this Article “serious crime” is:

a) where the crime is punishable with rigorous imprisonment for ten years or more, and

b) where the amount of money or the value of property involved in the crime is at least fifty thousand Birr.

Section II- CRIMES AGAINST IMMOVABLE PROPETRY

Article 685- Damage to Property of Another Caused by Herds or Flocks.

(1) Whoever intentionally and unlawfully brings or permits his herds or flocks to pasture or stray on the land which is the possession of another, whether in pasturages, fields, gardens, woods, forests or any other land,

is punishable, upon complaint, with a fine not exceeding five hundred Birr, or with simple imprisonment not exceeding one year.

(2) In minor cases, in particular in failing to exercise proper custody, the provisions regarding petty offences shall apply (Art. 851(b)).

Article 686- Disturbance of Possession.

(1) Whoever unlawfully, with intent to procure a profit or benefit,

a) encroaches on or occupies land or buildings, the possession of another; or

b) in any other manner, interferes with the quiet possession of another,

is punishable, upon complaint, with fine or simple imprisonment.

(2) Where the disturbance has involved violence, threats or the collaboration of a large number of persons, or has been committed by a person carrying a dangerous weapon, it shall be punished, upon indictment, with rigorous imprisonment not exceeding five years.

Article 687- Disturbance of Another’s Holdings.

Whoever unlawfully, with intent to obtain or to procure to a third person a profit or benefit:

a) modifies the condition of another person’s immovable property or the fixtures appurtenant thereto; or

b) diverts the course of public or private waters,

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

Article 688- Displacement and Removal of Boundary Marks.

(1) Whoever, with intent to disturb the rights or property of another, or to obtain or to procure to a third person an unlawful benefit, removes, displaces, misplaces, falsifies or obscures a boundary mark or any other mark of demarcation of property,

is punishable, in accordance with the circumstances of the case, with simple imprisonment for not less than three months, or with rigorous imprisonment not exceeding five years.

(2) Where the act has been committed in the absence of the foregoing intent, the punishment shall be simple imprisonment not exceeding three months, or fine.

Section III- DAMAGE TO PROPERTY

Article 689- General Provisions.

Whoever, apart from the cases punishable under Article 685, intentionally destroys, damages, depreciates or renders useless the property of another, whether objects, implements, animals, trees, crops, agricultural products, forests, installations, or any other immovable property or any thing whatsoever, or land under his possession,

is punishable, upon complaint, with simple imprisonment or fine.

Article 690- Aggravated Cases.

(1) The crime shall be punishable, upon accusation, with rigorous imprisonment not exceeding seven years and fine:

a) where the criminal has acted through malice or with intent to cause harm and has so caused considerable damage, or where even without that particular intent, he has intentionally caused highly considerable damage; or

b) where the act was accompanied by threats or violence or accomplished by several persons particularly by employers or employees during conflicts, lock-outs or strikes.

(2) Where the property which the criminal destroyed or inflicted grave injury to is an object of worship or of high historic, scientific or artistic value; or a public building, monument or historical place unguarded on account of the trust in public protection; or an installation, telecommunication or electric power line, or a plantation,

the punishment shall be rigorous imprisonment not exceeding ten years, or in very serious cases, rigorous imprisonment from ten years to twenty years.

(3) Where the crime is committed to compel the government, a juridical person, a group or a natural person to do or to abstain from doing an act, by resorting to threat of causing death or physical injury to another or of detaining another,

the penalty under sub-article (2) above shall apply.

Article 691- Aggravated Means.

Where the criminal, with particular intent to destroy, damage, depreciate or render useless the property of another, has employed means endangering public security, such as landslide, flooding, explosion or fire, the relevant provisions prescribing for more severe punishments shall apply concurrently (Art. 66).