Criminal Code > BOOK VI 3

CHAPTER III CRIMES AGAINST RIGHTS IN PROPERTY

Section I- CRIMES INVOLVING FRAUD

Article 692- Fraudulent Misrepresentation.

(1) Whoever, with intent to obtain for himself or to procure for a third person an unlawful enrichment, fraudulently causes a person to act in a manner prejudicial to his rights in property, or those of a third person, whether such acts are of commission or omission, either by misleading statements, or by misrepresenting his status or situation or by concealing facts which he had a duty to reveal, or by taking advantage of the person’s erroneous beliefs,

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

(2) Petty deceit in order to obtain an unjustifiable enrichment, such as filching and the fraudulent obtaining of benefits is liable to the punishments regarding petty offences (Art. 858 and 859).

Article 693- Drawing of Cheque without Cover.

(1) Whoever intentionally draws a cheque without cover or knows that there will not be full cover at the time of presentment for payment,

is punishable with simple imprisonment, or according to the gravity of the case, with rigorous imprisonment not exceeding ten years, and fine.

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

Article 694- Fraudulent Manipulation of Stock Exchange Transactions.

Whoever, through the facility of a stock exchange market or other market, with intent to create a false or misleading appearance of active public trading in a security or with respect to the market price of a security:

a) effects a transaction in the security that involves no change in the beneficial ownership thereof; or

b) enters an order for the purchase of the security, knowing that the security has been purchased by the same or different persons at substantially the same size, at substantially the same time, at substantially the same price, or an order for such purchase of the security has been or will be entered by or for the same or different persons; or

c) enters an order for the sale of the security, knowing that the security has been sold by the same or different persons at substantially the same size, at substantially the same time, at substantially the same price or an order for such sale of the security has been or will be entered by or for the same or different persons,

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

Article 695- Gaming in Stocks or merchandise.

Whoever, with intent to make gain or profit by the rise or fall in price of the stock goods or merchandise of a registered or unregistered company or other undertaking, whether in or outside the country, makes or signs any contract, oral or written, purporting to be for the sale or purchase of shares of stocks, goods or merchandise, without the bona fide intention of acquiring or selling such things,

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

Article 696- Aggravated Fraudulent isrepresentation.

The punishment shall be rigorous imprisonment not exceeding fifteen years, and fine not exceeding fifty thousand Birr:

a) where the criminal enjoys a position of trust as defined in Article 676 (1) and (2)(a); or

b) where the criminal issues an offer for public subscription, or sells for himself, for his own organization or for an organization in which he is a shareholder shares, debentures, bonds or security of any kind in an association, banking or commercial organization, stock market or industrial firm; or

c) where the crime is committed against public administrations or services.

Article 697- Other Crimes.

Where there is a crime, other than those mentioned above, defined in a proclamation or regulation relating to shares, merchandise, documents, bonds or securities of any kind,

The punishment shall, unless otherwise be provided, simple imprisonment, or, in serious cases, rigorous imprisonment not exceeding five years.

Article 698- Fraudulent Acts Relating to Insurance.

(1) Whoever, with intent to obtain for himself or to procure for a third person an unlawful enrichment, deceives an insurance company:

a) by creating the risk insured; or

b) by concealing, misrepresenting, affirming or falsely declaring a fact relating to the amount, duration or beneficiaries of the insurance, in a manner affecting the interest stated in the contract, or

c) in any other way commits a fraudulent act in connection with insurance activity,

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

(2) Where a juridical person commits the crime it shall be punishable in accordance with the provisions of Article 90 of this Code.

Article 699- Misrepresentation by Forgery.

Where there is misrepresentation, of any kind, committed by means of a forgery, the relevant provisions shall apply concurrently.

Article 700- Misrepresentation by Fraudulent Exploitation of Public Credulity.

(1) Whoever, for gain, deceives another by means such as invoking spirits, magic or sorcery, consulting horoscopes or astrology, by interpretation of dreams, soothsaying, chirography, divining or by any other means of exploiting human credulity,

is punishable, upon complaint, with fine, or in the event of repetition of the crime, with simple imprisonment, or, in serious cases, with simple imprisonment, or, in serious cases, with rigorous imprisonment not exceeding five year, where the case does not fall under the provisions regarding petty offences (Art. 861).

(2) Where the deceit is committed in the manner stipulated under Article 692, the punishment prescribed under the specified provision shall apply.

Article 701- Other Fraudulent Acts.

(1) Whoever collects money or material things by falsely claiming to have contracted a serious disease or deficiency, or alleging to have sustained grave physical or psychological injury or pecuniary or other material loss, or by using any other fraudulent means appealing to the compassionate feelings of others, is punishable, according to the circumstances of the case, with simple imprisonment and fine, or with rigorous imprisonment not exceeding five years and fine.

(2) Whoever employs another as a means of obtaining advantage through beggary by misrepresenting to the public that the said person is in one of the predicaments specified in the above sub-article, and collects money or other material things from individuals or the public on the pretext of supporting the person, shall be liable to the punishment prescribed in sub-article (1) above.

(3) Whoever, by inflicting injury upon another, employs him for the purpose specified in sub-article (2) above,

Is punishable with rigorous imprisonment from three years to ten years, and fine.

Nothing in this sub-article shall prevent the concurrent application of the provisions on causing injuries to persons (Art. 548 and 549).

(4) Whoever collects with or without authorization by law or by the competent authority, any money or other material things from individuals or the public for political, religious, cultural, social, humanitarian or other purpose, and improperly disposes of such things in whole or in part outside the purpose for which they are collected,

is punishable with rigorous imprisonment not exceeding ten years, and fine not exceeding thirty thousand Birr, without prejudice to the provisions of Article 862 of this Code concerning Unauthorized Collection.

(5) Where a juridical person participates in the commission of one of the crimes specified under sub-article (2), (3), or (4) of this Article, it shall be punishable in accordance with Article 90 of this Code.

Article 702- Mismanagement of Private Interests.

(1) Whoever, being legally or contractually bound to watch over or to manage the property rights of another, intentionally causes prejudice to such property interest he watches over or to the service he renders to the undertaking he works for by misusing his powers or by failing in his duties,

is punishable with simple imprisonment or fine.

(2) Where the act is committed negligently, the punishment shall be fine, or simple imprisonment not exceeding six months.

(3) Where the criminal has committed the crime with intent to obtain for himself or to procure for another a benefit in property, the punishment shall be simple imprisonment for not less than one year, and a fine not exceeding thirty thousand Birr.

Article 703- Aggravated Cases.

(1) Where the crime has been committed:

a) by a tutor, an advocate, a notary, a banker, a curator or a liquidator, or by other person invested with an official status, or deserving a special confidence; or

b) against State or public property,

the punishment shall be rigorous imprisonment not exceeding ten years, and fine not exceeding fifty thousand Birr.

(2) Where the criminal solicits or accepts any kind of advantage from another in consideration for the performance or omission of an act in violation of his responsibility or duty, he shall be punishable with simple imprisonment for not less than one year, or rigorous imprisonment not exceeding seven years and fine not exceeding twenty thousand Birr.

In grave cases, the punishment shall be rigorous imprisonment for not less than five years, and fine not exceeding one hundred thousand Birr.

(3) Any person who, for the performance of an act proper to his responsibility or duty, solicits or obtains an advantage or exacts a promise before or after the performance of such an act,

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

(4) In the case of fraudulent mismanagement of State interests, corrupt practices or acceptance of undue advantaged committed by a public servant or official, the special provisions (Arts. 409, 410 and 412) shall apply.

Article 704- Incitement to Speculation.

(1) Whoever, with intent to obtain for himself or to procure for a third person a benefit in property, takes advantage of the carelessness, the confidence or the manifest business inexperience of a person in order to incite him to speculate, whether on securities or goods, while he knew that the transaction was flagrantly not in proportion to the holding of the speculator and would expose him to serious risk,

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

(2) Where the crime is committed negligently, it shall be punishable with fine.

Article 705- Incitement of Incapable Persons to carry out Prejudicial Assignments.

(1) Whoever, with the intent specified in Article 704, takes advantage of the carelessness, confidence or inexperience of a minor or a person who is legally incapable,

a) in order to obtain a grant, promise or guarantee in his own favour or in favour of a third person, of sums of money, loans, acknowledgments of debt or other benefits in property; or

b) in general, to obtain or avoid an assignment so as to prejudice his property or that of a third person,

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

(2) Whoever, with a similar intent, obtains such a promise, claim or guarantee and sets it up against or assigns it to another, is liable to the same punishments.

Section II- Computer Crimes

Article 706- Access, Taking or Using Computer Services without Authorization.

(1) Whoever, without authorization, accesses a computer, computer system or computer network,

is punishable with fine.

(2) Whoever, without authorization, accesses a computer, computer system or computer network, and intentionally takes or uses or causes to be used data or computer services,

is punishable with simple imprisonment or fine, or in serious cases, with rigorous imprisonment for not more than five years and fine not exceeding twenty thousand Birr.

(3) Where the crime is committed negligently, the punishment shall be simple imprisonment not exceeding three months, or fine not exceeding two thousand Birr.

Article 707- Causing Damage to Data.

(1) Whoever, without authorization, accesses a computer, computer system or computer network and intentionally causes damage by adding, altering, deleting or destroying data,

is punishable with simple imprisonment for not less than three months, or fine.

(2) Where the crime is committed:

(a) in order to devise or execute any scheme or artifice to steal, defraud, deceive or extort or wrongfully control or obtain money, property, computer services or any data; or

(b) in serious cases even in the absence of the scheme provided for under sub-article 2(a),

the punishment shall be rigorous imprisonment for not more than five years, and fine not exceeding twenty thousand Birr.

(3) Where the crime is committed negligently, the punishment shall be simple imprisonment not exceeding three months, or fine not exceeding two thousand Birr.

Article 708- Disrupting the Use of Computer Services by an Authorized User.

(1) Whoever, without authorization, accesses a computer, computer system or computer network, and intentionally disrupts the use of the computer by an authorized user,

is punishable with simple imprisonment not exceeding three years or fine.

(2) Where the crime is committed negligently, the punishment shall be simple imprisonment not exceeding three months, or fine not exceeding two thousand Birr.

Article 709- Acts Committed to Facilitate the Commission of Computer Crimes.

Whoever, with intent to further the commission of one of the acts specified in the preceding three Articles, imports, produces, sells, offers for sale, distributes, buys, receives or possesses instruments, secret Codes or passwords,

is punishable with simple imprisonment or fine or both.

Article 710- Other Crimes.

Where one of the other crimes provided for under this Code is committed by means of a computer, the relevant provision shall apply.

Article 711- Concurrence of Crimes.

Where any crime committed by means of a computer, has resulted in the commission of another crime punishable under this Code, the relevant provision shall apply concurrently.

Section III- Crimes involving Moral or Material Intimidation

Article 712- Usury.

(1) Whoever, by exploiting a person’s reduced circumstances or dependency, material difficulties, or carelessness, in experience, weak character or mind:

a) lends him money at a rate exceeding the official rate; or

b) obtains a promise or assignment of benefits in property in exchange for pecuniary or other consideration, which is in evident disproportion,

shall be punishable, according to the gravity of the case, with simple imprisonment, or with rigorous imprisonment not exceeding five years, and fine.

(2) Whoever, with a similar intent, acquires an usurious claim and sets it up against or assigns it to another, shall be liable to the same punishments.

Article 713- Extortion.

Whoever, in cases not amounting to robbery (Art. 670), uses violence or grave threats against a person, or in any other manner renders such person unable to resist, in order to obtain for himself or to procure to a third party an unjustifiable benefit in property, whether by an assignment of funds or securities, documents or writing, executing or evidencing the transaction, disposition or discharge, or any other similar benefit,

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

Article 714- Blackmail.

Whoever causes a person to purchase silence to the detriment of his estate or that of another, by threatening to publish, divulge or denounce a fact, even if true, the knowledge of which is damaging to himself or to a third party with whom the victim has close ties of relationship or affection,

Shall be liable to the penalties specified in the preceding Article 713.

Article 715- Aggravated Cases.

The punishment shall be rigorous imprisonment not exceeding ten years and fine not exceeding ten thousand Birr, where a person accused of usury, extortion or blackmail,

a) wrongfully exercises a profession, duty or trade for which he has received a license or permission from the public authorities; or

b) commits the crime against infants or young persons, or persons who are of feeble mind, or incapable of understanding; or

c) having so foreseen, has induced his victim to ruin or suicide by his acts or their repetition.