Criminal Code > TITLE II RULES GOVERNING 2

CHAPTER II ENFORCEMENT OF THE PENALTY

Article 765- Exclusion of Suspension and Conditional Release.

The provisions concerning the suspension of the pronouncement of sentence or the enforcement of the penalty as well as those regarding conditional release (Arts. 190-200) shall not apply to petty offences by reason of their formal nature and the fact that the punishment imposed should be uniformly and rapidly enforced.

Article 766- Extenuation of the penalty.

(1) Where circumstances warrant a reduction of the penalty (Art. 745(1)) the Court may, instead of arrest, impose compulsory work or a fine. It shall be bound by the ordinary minimum provided by law.

The extent or amount shall be determined according to the degree of guilt of the petty offender.

(2) In cases of minor gravity, where the offence committed appears trifling, and notably in cases of a first offence or mere imprudence, the Court may confine itself to inflicting a reproof, a reprimand, or a warning for the future.

Article 767- Ordinary Aggravation of the Penalty.

In the case of general aggravating circumstances (Art. 745(2)) the penalty shall be fixed in a more severe manner within the limits provided by law (Art. 183).

Article 768- Aggravation in case of Concurrence.

(1) In case of material concurrence of petty offences the particular penalties determined for each of them shall be added and pronounced. The aggregate penalty may exceed the ordinary maximum penalty fixed in Article 747 or 752. However, the penalty of arrest may not exceed one year and fine may not exceed Birr one thousand and two hundred Birr.

Fine may not exceed five thousand Birr in respect of a juridical person.

(2) In the case of notional concurrence, the Court may increase the penalty as provided by the general rule (Art. 187).

Article 769- Aggravation in Case of Recidivism.

(1) Recidivism shall not be taken into account where at the time of the new petty offence to be tried, a period of one year has elapsed since the penalty imposed for the previous petty offence whatever its nature was enforced in whole or in part or remitted by pardon or limitation.

(2) In the case of recidivism the Court shall not be bound by the ordinary maximum of the penalty prescribed for the new petty offence. When circumstances and the degree of guilt so justify and, in particular, in cases of persistent repetition of the same offence it may impose a penalty up to double the legal maximum provided for the various penalties (Arts. 747 and 752).

Article 770- Concurrence and Recidivism.

When there is at the same time concurrence of petty offences and recidivism the fines shall be fixed in accordance with the two preceding provisions. However, arrest may not exceed two years, and fine may not exceed two thousand four hundred Birr in the case of physical persons, and ten thousand Birr in respect of juridical persons.