Article 407 — Abuse of Power.

(1) Any public servant who, with intent to obtain for himself or to procure for another an undue advantage or to injure the right or interest of another: a) misuses his official position or the power proper to his office, whether by a positive act or by a culpable omission; or b) exceeds the power with which he is officially invested; or c) performs official acts when he is not, or is no longer, qualified to do so, especially in the case or in consequence of incompetence, suspension, transfer, removal from office or its cessation, is punishable, according to the circumstances of the case with simple imprisonment for not less than one year, or with rigorous imprisonment not exceeding ten years and fine, where there is no express provision in this Code concerning the matter. (2) Where the purpose of the breach of responsibility or duty solicited, the amount of the money or gifts received in consideration, the official capacity or powers of the person corrupted or the extent of the harm to private, public or State interests renders the case of particular gravity, the punishment shall be rigorous imprisonment from seven years to fifteen years and fine not exceeding fifty thousand Birr. (3) Where two or more of the circumstances mentioned in sub- article (2) are found concurrently, the punishment shall be rigorous imprisonment from ten years to twenty-five years and fine not exceeding one hundred thousand Birr.