Article 411 — Maladministration.

(1) Any public servant who, with intent to obtain for himself or to procure for another an undue advantage, and by using his power or responsibility: a) improperly takes or ensures for himself, by concluding a contract or by devising other means, an interest in a business or other undertaking, a sale or a purchase, or any other transaction related with his duty; or b) concludes a supply or public works contract or any other transaction at a price higher than that fixed by the competent authority; or c) in general, by any means, injures the public interests entrusted to his charge and which it is his duty to protect, is punishable with rigorous imprisonment not exceeding ten years and fine not exceeding fifty thousand Birr. (2) Where the purpose of the breach of responsibility or duty solicited, the extent of the advantage received, 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 one hundred thousand Birr. (3) Where two or more of the circumstances mentioned in sub- article (2) above are present concurrently, the punishment shall be rigorous imprisonment from ten years to twenty-five years and fine not exceeding two hundred thousand Birr. (4) The punishment shall be simple imprisonment, or rigorous imprisonment not exceeding five years and fine, where the criminal, without intent to obtain an advantage for himself or to procure the same for another: a) has caused a contract to be concluded, relating to a business or other undertaking, a purchase or sale, or any transaction concerning his department, between his office and an organization in which he himself or his close relative or a person with whom he has a bond of affection is an interested party or a shareholder, or with a charitable organization of which he is a founder or a member; or b) has purchased certain property or taken part in an auction, while prohibited by law or regulations from so doing, in his own name or in the name of, or together with, another person. "Relative" means a person who is related to the criminal, in accordance with the relevant law, by consanguinity or by affinity.