Criminal Code > BOOK VIII SPECIAL PART 4

CHAPTER IV PETTY OFFENCES AGAINST THE DUTIES OF A PUBLIC OFFICE OR A PUBLIC AUTHORITY

Section I- Petty Offences against the Duties of a Public Office

Article 796- Misuse of Authority in the discharge of a Public Office.

Any public servant who, apart from the cases punishable under the Criminal Code (Art. 407), exceeds the authority conferred upon him or misuses such authority,

Is punishable with fine or arrest not exceeding three months.

Article 797- Misuse of the Right of Constraint.

Any public servant lawfully empowered to effect a house search, a seizure or a sequestration, the application or removal of seals, or to effect a personal search or inspection, an arrest, a detention or placing under supervision, an interrogatory or any other similar act who, apart from the cases punishable under the Criminal Code (Arts. 422-424), misuses his authority, in particular by having recourse to vexatious, offensive, indiscreet or incorrect methods,

Is punishable with fine or arrest.

Article 798- Lack of Honesty.

Any public servant who, apart from the cases punishable under the Criminal Code (Arts. 411-419), takes undue advantage of his position to commit dishonest acts.

Is punishable with fine or arrest.

Article 799- Undue Favouring.

Any public servant who, apart from the cases punishable under the Criminal Code (Art, 408,409 and 414), unduly favours, for a motive of personal interest, a person having recourse to his office, or placed under his authority, or for whose care and custody he is responsible,

Is punishable with fine or arrest not exceeding three months.

Article 800- Careless handing over of Official Papers.

Any public servant who:

(a) issues or causes to be issued or handed over a passport, an identity card, a permit, an extract from a judgment register, a certificate of good conduct or as to poverty, or in general any document or official attestation of a personal nature, to an unknown person without having previously ascertained by all usual means of checking the identity of the said person and his right to receive the document or instrument in question; or

(b) allows a person freely to use such a document or instrument although he knows that he is neither the true holder thereof, not has the right to use it,

is punishable with fine or arrest not exceeding three months.

Article 801- Cases of Minor Importance; disciplinary Punishments.

In the case of petty offences committed by a public servant in the discharge of his official duties, the Court may, when the offence appears to it merely to justify disciplinary measures, waive the penalty provided by this Code and, on stating the reasons for its decision, refer the petty offender to the administrative authority to which he reports so that it may impose such punishment as it deems appropriate.

Section II- Petty Offences against a Public Authority

Article 802- Damage to Official Publications.

Whoever, apart from the cases punishable under the Criminal Code (Art. 432), removes, lacerates, impairs, obliterates, intentionally damages or soils official notices or placards publicly posted up,

Is punishable with fine not exceeding one hundred Birr or arrest not exceeding fifteen days.

Article 803- Failure to make Compulsory Official Statements or Entries.

(1) Whoever, apart from the cases punishable under the Criminal Code (Art. 434) or a special provision, omits or fails to make, within the time limits prescribed by law or regulations, an official statement or entry of any nature whatsoever which he is bound to make,

is punishable with fine or arrest not exceeding fifteen days.

(2) Nothing in this Article shall affect the special provisions dealing with compulsory professional declarations in health matters (Art. 835).

Article 804- Undue Publications.

Whoever, apart from the cases punishable under the Criminal Code (Arts. 435 and 451), contravenes any official directives, regulations or orders prohibiting the disclosure of acts, deliberations or decisions of an authority,

Is punishable with fine or arrest.

Article 805- Abuse of Right.

Whoever, apart from the cases punishable under the Criminal Code (Art. 436), knowingly continues to exercise a right which he has lost by law or has assigned, or of which he has been debarred or deprived, whether permanently or temporarily, by the declaration of a judicial authority,

Is punishable with fine or arrest.

Article 806- Refusal to Lend Assistance to a Public Authority.

Whoever, apart from the cases punishable under the Criminal Code (Art. 440), on being duly requested or summoned by a representative of a public authority acting in the discharge of his official duties to lend him indispensable help or assistance, with a view in particular to preventing a breach of the peace, the commission of a petty offence or the escape of a petty offender, refuse so to do without any reason of force majeure or the risk of a serious danger to his person or property,

Is punishable with fine not exceeding one hundred Birr or arrest not exceeding one month.

Article 807- Refusal to Obey an Injunction.

(1) A person who, apart from the cases punishable under the Criminal Code (Art. 440), on being duly requested or ordered by a public servant acting in the discharge of his duties, refuses:

(a) to supply his name or identity, his occupation, residence, address or any other particular relating to his personal status, or gives inaccurate information in respect thereto; or

(b) to stop or move on, to free a public thoroughfare, to allow his papers, luggage or any suspicious things he carries about him to be examined, or to comply with any other order of a similar nature,

is punishable with fine not exceeding one hundred Birr or arrest not exceeding one month.

(2) Whoever gives inaccurate information in respect to the particulars specified in sub-article 1(a) of this Article is liable to the same punishment.

CHAPTER V PETTY OFFENCES AGAINST PUBLIC SAFETY, PEACE AND SECURITY

Section I.- Offence against Public Safety

Article 808.- Control of Arms and Ammunition.

Whoever, apart from the cases of traffic punishable under the Criminal Code (Art. 481):

(a) contravenes the laws, regulations or directives concerning the making and declaration, the trade in, possession or delivery, control or use of fire arms or other weapons and ammunition; or

(b) knowingly sells or delivers to persons not entitled to receive them, and in particular to infants or young persons, arms or ammunition or allows them to dispose of them without supervision, is punishable with fine or arrest.

Article 809.- Carrying and Use of Prohibited Arms.

Whoever is found carrying in a public place an arm which he was not authorized to acquire o entitled to carry, or makes use of an arm, even though authorized, at a time when or in a place where such use is prohibited,

is punishable with tine not exceeding one hundred Birr or arrest not exceeding eight days.

Article 810.- Control of Aliens.

Whoever, apart from the cases specified in Article 243 of the Criminal Code, contravenes the laws, regulations or directives and regulations concerning the transit, declaration, residence, establishment of aliens or their control,

is punishable with fine or arrest.

Article 811.- Unauthorized Change or Assumption of Another Name.

(1) Whoever with the intention of concealing his identity or of evading control by a competent authority unlawfully assumes a fictitious surname, changes his true name, adds another name thereto or assumes the name of another, is punishable with fine or arrest.

(2) The lawful use of a professional, literary or other pseudonym or of a recognized nick-name does not fall under this Article.

Section II.- Petty Offences against Public Peace, Tranquility and Order

Article 812.- Breaches Against Laws Concerning the Mass Media and Advertisements.

Whoever contravenes the laws, regulations or directives concerning the printing, publication, deposit, sale, distribution or control of printed documents, public advertisement, posters, or notices transmitted through the radio, television, the Internet or other public media,

is punishable with fine or arrest.

Article 813,- Alarming Announcements, News or Publications.

Whoever, apart from the cases punishable under the Criminal Code (Art. 485 and 486), announces, spreads, publishes or reports to the

authorities false, exaggerated or biased news intended to or capable of perturbing public order or tranquility,

is punishable with fine or arrest.

Article 814.- False Alarm.

Whoever, by knowingly launching or addressing them unwarranted summons for help, or by conveying them false communications, sets in motion:

(a) the services of public authorities or public relief departments, transportation, hospitalization or rescue services, police, fire brigade or other similar services; or

(b) physicians or persons exercising a therapeutic activity,

is punishable with fine or arrest not exceeding fifteen days.

Article 815.- Disturbance of Work or Rest of Others.

(1) Whoever disturbs the work, rest or tranquility of others, in particular by brawls and wrangles, shouts, songs, vociferations or uproars, signals, calls or the ringing of bells, or by the abuse of noisy instruments, apparatus, machines or other noise-producing articles,

is punishable with fine not exceeding one hundred Birr.

(2) If the noise or disturbance is caused at night as defined in the police regulations or by custom, or is willfully caused in the vicinity of hospitals, schools or similar institutions or, generally, if it is caused in a deliberately wicked or mischievous manner,

the Court may impose a fine or arrest not exceeding one month.

Article 816.- Blasphemous or Scandalous Utterances or Attitudes.

Whoever, apart from the cases punishable under the Criminal Code (Arts 492 and 493), in a public place or in a place open to the public or that can be viewed by the public, by gestures or words scoffs at religion or expresses himself in a manner which is blasphemous, scandalous or

grossly offensive to the feelings or convictions of others or towards the Divine Being or the religious symbols, rites or religious personages,

is punishable with fine or arrest not exceeding one month.

Article 817.- Observance of Official Holidays.

Whoever contravenes the laws, regulations or directives concerning compulsory holidays,

is punishable with fine or arrest not exceeding eight days.

Article 818.- Measures against Alcoholism.

Whoever, apart from the cases punishable under the Criminal Code:

(a) contravenes the laws, orders or regulations concerning the manufacture of and trade in alcohol and distilled beverages; or

(b) sells, buys or consumes alcohol in a public establishment outside the lawful hours; or

(c) sells, offers, serves or allows to be served in a public place alcohol in substantial quantities to infants or young persons, persons who are irresponsible, or are manifestly drunk or dangerous; or

(d) intentionally induces another to become inebriated, inebriates another or himself in a public place or in a place open to the public or that can be viewed by the public,

is punishable with fine or arrest not exceeding one month.

Article 819- Causing Public Scandal while Drunk or Intoxicated.

Whoever, being drunk or intoxicated, causes scandal or disorder or utters threats in a public place,

is punishable with fine not exceeding one hundred Birr or arrest not exceeding eight days without prejudice to safety measures of an administrative nature that may seem justified.

Article 820.- Supervision of Inns.

The owner, manager or keeper who contravenes the laws, regulations or directives concerning inns, eating-houses, hotels and public houses, in particular as regards:

(a) the right to run such an establishment and the requirements and safeguards applying thereto; or

(b) the opening and closing hours or any other law, regulation, or rule is punishable with fine or arrest.

Article 821.- Supervision of Theatrical Performances and Entertainments.

The owner, organizer, director, manager or agent who contravenes the laws, regulations or directives concerning theatrical performances and entertainments of any kind whatsoever, in particular in regard to:

(a) the permission to organize or offer them to the public or the conditions of their management and safeguards relating thereto other than those specified in Article 826; or

(b) censorship and the prior requirements imposed in the interests of decency, public order or the protection of infants and young persons; or

(c) opening or closing times or authorized time of performance, or any other law regulation or measure of supervision applying to places or establishments used for public or private theatrical performances or entertainments,

is punishable with fine or arrest.

Article 822.- Scandalous Treatment of animals.

A person shall be punishable with fine or arrest if:

(a)in a public place or a place open to the public or which can be viewed by the public, and without justification, he commits acts of cruelty towards animals or inflicts upon them ill-treatment or revolting violence or brutality; or

(b)he organizes shows or entertainments in which animals are treated with cruelty, are mutilated or killed, whether it be fights

between animals or with animals, shooting of captive animals or other petty offences of a similar kind.

Section III.- Petty Offences against Public Security

Article 823.- Petty Offences against other persons' Safety.

Whoever endangers the safety of another person:

(a)by setting against him dogs or dangerous animals or by not restraining them to the best of his ability; or

(b)by throwing at him stones, hard or cutting objects or any other things or substances capable of causing harm, wounds or injury; or

(c)by placing or setting, without previously obtaining permission from the Police or giving public notice, traps, alarm appliances or any other dangerous devices,

is punishable with fine not exceeding one hundred Birr or arrest

not exceeding one month.

Article 824.- Failure to Exercise Proper Supervision over dangerous

Persons or animals.

Whoever:

(a) contravenes the laws, regulations or directives or fails to take the necessary precautions, concerning the custody of or supervision over lunatics, irresponsible persons, as well as dangerous or ferocious animals' or

(b) intentionally omits to warn the competent authority of the escape or running away of such persons or animals,

is punishable with fine not exceeding one hundred Birr or arrest not exceeding one month.

Article 825.- Control of Traffic at Night.

Whoever fails to comply with orders issued by local authorities regarding curfew and the prohibition or restriction of traffic at night without permission,

is punishable with fine not exceeding one hundred Birr or arrest not exceeding one month.

Article 826.- Supervision of Buildings.

Whoever, apart from the cases punishable under the Criminal Code (Art. 501), contravenes the laws, regulations or directives relating to:

(a) the erection, upkeep, repair or demolition of buildings of any kind whatsoever, whether public or private; or

(b) the safety of public places, halls, places or installations used for theatrical performances and entertainments or the holding of meetings, or premises for habitation, trade of industry,

is punishable with fine or arrest.

Article 827.- Control of Streets and Public Places.

Whoever impairs public safety, in particular;

(a) by depositing, suspending, unloading or throwing at a crossing or a public place or a place accessible to the public materials, garbage, refuse, objects or things of any nature whatsoever capable of causing an appreciable risk or nuisance without observing the relevant directives or taking the necessary precaution; or

(b) by neglecting to place a warning, notice, or light the materials or objects thus exposed or deposited, or the excavations, erections or works affected in such a place, or by removing or interfering with, without necessity or adequate reasons, lights placed in the interests of the public,

is punishable with fine or arrest.

Article 828.- Endangering Safety of Communications.

Whoever, apart from the cases punishable under the Criminal Code (Arts. 505-513), contravenes the laws regulations or directives relating to the licensing, conditions and supervision of the traffic of pedestrians, animals or vehicles of all kinds, as well as the declaration, equipment, upkeep and use of the latter, is punishable with fine or arrest.

Article 829.- Control of Fire, Explosive and Dangerous Substances.

Whoever, apart from the cases punishable under the Criminal Code (Arts. 494-500):

(a)contravenes the preventive, protective and safety laws, regulations or directives concerning fires and fire control, in particular in relation to installation, whether electric or other, and to the obligation to insulate, maintain and repair chimneys, furnaces, boilers or apparatus in which fire is used; or

(b) contravenes the laws, regulations or directives prohibiting against exploding in certain places, or without taking the requisite precautions, mines, bombs, mortars, fireworks or squibs or against launching lighted balloons or against making any similar use of explosive or inflamed materials; or

(c) contravenes the laws, regulations or directives manufacture or preparation, possession, handing transport, sale, purchase or use of oils and petroleum and their derivatives, gunpowder and all explosive, inflammable, toxic, corrosive or dangerous substances,

is punishable with fine or arrest.

CHAPTER VI PETTY OFFENCES AGAINST PUBLIC HEALTH AND HYGIENE

Article 830.- Control of Public Health and Salubrity.

Whoever, apart from the cases punishable under the Criminal Code (Arts. 514-524), contravenes the directives or regulations regarding:

(a)the cleanliness, salubrity and hygiene of water and water installation, public places and establishments, houses and habitations, factories, plants and industrial and commercial premises; or

(b) the prevention, declaration, prophylactic treatment and control of diseases, in particular mental and contagious diseases, epidemics and epizootic diseases;

is punishable with fine or arrest.

Article 831.- Control of Toxic Substances and Drugs.

Whoever, apart from the cases punishable under the Criminal Code (Art. 525):

(a) grows, manufacturers or prepares, sells, offers for sale, delivers or gives without lawful permission or an express medical prescription, where such are required, plants, substances, medicines or products which are narcotic, toxic, poisonous, noxious or dangerous for the health; or

(b) in defiance of directives prescribed by law or the directives dictated by common prudence willfully sells, offers for sale or delivers such substances or products, even when their delivery is not expressly prohibited without an authorization, to persons who are irresponsible, to infants or young persons, sick persons who are irresponsible, to infants or young persons, sick persons or individuals for whom they are manifestly dangerous or unsuitable; or

(c)keeps or handles such substances or products without taking the precaution required by official or professional regulations, custom or the dictates of common prudence, in particular when there is a risk of mistake or confusion; or

(d)fails to warn other persons of the danger of poisoning or intoxication known to him, when it is his duty and he is able to do so,

is punishable with fine or arrest.

Article 832.- Rendering another Person Unconscious or Stupefied.

(1) A person shall be punishable with fine or arrest when, apart from the cases punishable under the Criminal Code (Arts. 532 and 533), he subjects another person to a treatment or practices of any nature whatsoever abolishing or altering the faculties of consciousness or free determination without being authorized so to do by his professional status and in conformity with generally accepted medical or pharmaceutical practice.

2)Medical experiments or hypnotic passes or exercises in hypnotism or transmission of thoughts or conduct from a distance duly authorized and carried out by way of mere entertainment shall not e punishable.

Article 833.- Control of Foodstuffs, Beverages and other Commodities.

Whoever, apart from the cases punishable under the Criminal Code (Art. 527 and 528), contravenes the laws regulations or directives regarding:

(a) the permission for the keeping or sale, the transport, preservation, sale and control of foodstuffs, meat, milk, beverages, whether alcoholic or not, commodities and fodder; or

(b) the opening and closing, running and control of market places,

is punishable with fine or arrest.

Article 834.- Regulation of the Medical and Therapeutic Professions and

Hospitals.

Whoever, apart from the cases punishable under the Criminal Code (Arts. 535 and 536), contravenes the laws, regulations or directives regarding:

(a)the permission to practice, and the practice of, the medical, pharmaceutical and veterinary professions and auxiliary professions of any kind whatsoever including physiotherapy, natural therapeutics and chiropractic; or

(b)the sale or delivery of drugs and medicines; or

(c)the opening, declaration, management or running of places or establishments for cures, whether for outdoor or in-door patients, of any nature whatsoever,

is punishable with fine or arrest.

Article 835.- Failure to Make Compulsory Notifications.

Physicians, dentists, chemists, midwives, veterinary-surgeons and all persons officially authorized to attend patients, who fail to bring to the notice of the competent authority facts which, under law, they are obliged to notify, in particular with a view to preventing the spread of

contagious diseases, drug-addiction, or epizootics, or activities of a criminal nature or dangerous for the community as a whole,

are punishable with fine not exceeding five hundred Birr, or in more serious cases or cases of recidivism, with arrest.

Article 836.- Failure to Afford Attendance.

Physicians, chemists, veterinary-surgeons, midwives or any other person authorized to practice a therapeutic profession who, apart from the cases punishable under the Criminal Code (Art. 537 and 575), fail without lawful cause to attend professionally shall be liable to the penalties stipulated in the preceding Article, when such failure to act entails a danger or a risk for another person.

Article 837.- Regulation of Burials and Cremations.

Whoever contravenes the laws, regulations or directives regarding the exposure of the dead, burials and cremations,

is punishable with fine or arrest.