Criminal Code > TITLE II PETTY OFFENCES 3

CHAPTER III PETTY OFFENCES AGAINST PROPERTY

Section I- Protection of the national Wealth

Article 849- Protection of historical, Artistic and Natural Riches.

Whoever, apart from the cases punishable under the Criminal Code, contravenes the laws, regulations or directives:

(a) protecting the national historical, archaeological and artistic wealth or the natural sites, springs or riches of any nature whatsoever; or

(b) rendering compulsory the declaration of the discovery of historical, archeological, geographical or natural riches of national interest, or prohibiting, limiting or controlling the trade in, or export of, antiquities or precious or protected objects of any nature whatsoever; or

(c) punishing anyone who impairs the value, defaces or places in jeopardy an historical or archaeological monument, a natural site or a specifically protected place,

is punishable with fine or arrest.

Article 850- Protection of the Flora and Fauna.

Whoever contravenes the laws, regulations or directives for the protection and safeguard of the national arborescent species, flora and fauna.

Is punishable with fine or arrest.

Section II- Petty Offences against Property

Article 851- Protection of Public and Private Property.

Whoever, apart from the cases punishable under the Criminal Code (Art. 685-687), contravenes the laws, regulations or directives protecting public or private property and in particular:

(a) removes, without due authorization, from a public or private place, earth, stones, wood, sand or materials, grass, hedge, plants or seeds; or

(b) enters or goes over without being entitled thereto, in any season whatever, enclosed or sown land, or land bearing crops or fruit, or causes or allows his cattle or his mounts to go over such land or pasture thereon; or

is punishable with fine or arrest.

Article 852- Petty Theft.

(1) Whoever, prompted by need or desire or by lack of conscience, takes a thing of small value belonging to another for his immediate consumption or use,

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

The Court may impose no punishment when the petty offender was urged by hardship or need duly proven.

(2) A petty theft committed to the prejudice of an ascendant, a descendant or a spouse not legally separated shall not be punishable.

(3) According to the circumstances of the case, custom and the object of the theft, the Court shall appreciate whether the stolen thing must be regarded as of small value and whether an intention to secure an illicit enrichment, which is the constituent element of theft (Art. 665), must not be admitted.

Article 853- Pilfering and Gleaning.

Whoever in any season of the year:

(a) without leave takes or gathers in order to eat them on the spot, fruit, berries, grains, vegetables and other agricultural or horticultural products belonging to another person; or

(b) gleans, rakes or picks in fields, orchards or land owned by another and from which crops have not yet been fully gathered, or does such acts at any time comprised between sunset and sunrise,

is punishable under the proceeding Article.

Article 854- unjustified Possession of Suspicious Articles.

Whoever is found in possession of keys, hooks, pincers, instruments or weapons, or securities, articles or objects the origin of which he cannot explain satisfactorily or the use of which he cannot justify.

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

Article 855- Failure to Notify the Competent Authority and Concealment of Property.

Whoever omits to notify the competent authority, as soon as circumstances and material conditions enable him so to do,

(a) upon his finding an object mislaid or lost by another person, or a treasure (Art. 680); or

(b) upon acquiring or receiving in any capacity whatsoever objects of any nature originating, without his knowledge, from a theft or another offence against another person’s property, the felonious origin of which he subsequently suspected, knew or ascertained,

is punishable with fine or arrest not exceeding one month.

Article 856- Defacement or Depreciation of Another Person’s Property.

Whoever, apart from the cases punishable under the Criminal code (Art. 689 and 690(1)), defaces or depreciates another person’s property, whether by inadequate maintenance of houses, buildings, or walls for the upkeep of which he is responsible, by works effected on another person’s land, by its obstruction or the obstruction of its ways of access, by the discharge thereon of materials or objects, by the diversion or defective upkeep of water or drains, by bad driving or excessive speed or loading of vehicles or beasts of draught or burden or mounts, by the unskillful or careless use of arms or instruments, or by any other fault or negligence of which he may be guilty,

Is punishable with fine or arrest.

Article 857- Damage to Public Monuments.

Whoever, apart from the case of substantial damage to property punishable under the Criminal Code (Art. 690(2)), soils or defaces monuments, buildings statues or other objects intended for public use or enjoyment,

Is punishable with fine or arrest.

Section III- Petty Offences against property in General

Article 858- Malicious Injury to Another Person’s Interests.

Whoever, without any intent to secure an illicit enrichment, causes another person to do acts detrimental to his proprietary interests or those of a third party by resorting to deceptive or fraudulent methods, whether out of malice, intent to injure or for any other reason,

Is punishable with fine or arrest not exceeding one month.

Article 859- Filching.

Whoever, knowing that he is unable to pay, orders or obtains foodstuffs, beverages, accommodation or benefits of any kind whatsoever in establishments such as boarding houses, eating houses, inns or hotels catering for the public,

Is punishable with fine or arrest not exceeding one month.

Article 860- Fraudulent obtaining of other Benefits.

Whoever fraudulently obtains without payment benefits which he knew to be obtainable only against remuneration, in particular:

(a) conveyance by public or private means of transport of any kind whatsoever, on land, by air or by water; or

(b) admittance to a show, entertainment, performance, exhibition or any other similar function organized for profit; or

is punishable with fine or arrest not exceeding one month.

Article 861- Quackery.

Whoever, apart from the cases punishable under the Criminal Code (Art. 700):

(a) obtains money by taking advantage of the credulity of others by sooth-saying in any form whatsoever, by calling upon spirits, by indicating means for finding a treasure, or in any similar manner; or

(b) publicly offers, by advertising or otherwise, to resort to such practices for gain,

is punishable with fine or arrest not exceeding one month.

Article 862- Unauthorized Collections.

Whoever publicly collects funds or appeals for money without being authorized so to do by law or the competent authority,

is punishable with fine or arrest.

This Article shall not apply to collection made in buildings dedicated to the practice of religion, or in private, professional sporting or other clubs, societies or circles, in particular if made for purposes of charity or upkeep.