English
b) where the criminal issues an offer for public subscription,
or sells for himself, for his own organization or for an
organization in which he is a shareholder shares,
debentures, bonds or security of any kind in an
association, banking or commercial organization, stock
market or industrial firm; or
c) where the crime is committed against public
administrations or services.
Article 697- Other Crimes.
Where there is a crime, other than those mentioned above, defined in a
proclamation or regulation relating to shares, merchandise,
documents, bonds or securities of any kind,
the punishment shall, unless otherwise be provided, simple
imprisonment, or, in serious cases, rigorous imprisonment not
exceeding five years.
Article 698- Fraudulent Acts Relating to Insurance.
(1) Whoever, with intent to obtain for himself or to procure for a
third person an unlawful enrichment, deceives an insurance
company:
a) by creating the risk insured; or
b) by concealing, misrepresenting, affirming or falsely
declaring a fact relating to the amount, duration or
beneficiaries of the insurance, in a manner affecting the
interest stated in the contract, or
c) in any other way commits a fraudulent act in connection
with insurance activity,
is punishable with simple imprisonment, or, in more serious
cases, with rigorous imprisonment not exceeding five years, and
fine not exceeding fifty thousand Birr.
(2) Where a juridical person commits the crime it shall be
punishable in accordance with the provisions of Article 90 of this
Code.
Article 699- Misrepresentation by Forgery.
Where there is misrepresentation, of any kind, committed by means of
a forgery, the relevant provisions shall apply concurrently.
Article 700- Misrepresentation by Fraudulent Exploitation of
Public Credulity.
(1) Whoever, for gain, deceives another by means such as invoking
spirits, magic or sorcery, consulting horoscopes or astrology, by
interpretation of dreams, soothsaying, chirography, divining or
by any other means of exploiting human credulity,
is punishable, upon complaint, with fine, or in the event of repetition of
the crime, with simple imprisonment, or, in serious cases, with
rigorous imprisonment not exceeding five years, where the case does
not fall under the provisions regarding petty offences (Art. 861).
(2) Where the deceit is committed in the manner stipulated under
Article 692, the punishment prescribed under the specified
provision shall apply.
Article 701- Other Fraudulent Acts.
(1) Whoever collects money or material things by falsely claiming to
have contracted a serious disease or deficiency, or alleging to
have sustained grave physical or psychological injury or
pecuniary or other material loss, or by using any other
fraudulent means appealing to the compassionate feelings of
others, is punishable, according to the circumstances of the
case, with simple imprisonment and fine, or with rigorous
imprisonment not exceeding five years and fine.
(2) Whoever employs another as a means of obtaining advantage
through beggary by misrepresenting to the public that the said
person is in one of the predicaments specified in the above sub-
article, and collects money or other material things from
individuals or the public on the pretext of supporting the person,
shall be liable to the punishment prescribed in sub-article
(1) above.
(3) Whoever, by inflicting injury upon another, employs him for the
purpose specified in sub-article
(2) above,
is punishable with rigorous imprisonment from three years to ten
years, and fine.
Nothing in this sub-article shall prevent the concurrent
application of the provisions on causing injuries to persons (Art,
548 and 549).
(4) Whoever collects with or without authorization by law or by the
competent authority, any money or other material things from
individuals or the public for political, religious, cultural, social,
humanitarian or other purpose, and improperly disposes of such
things in whole or in part outside the purpose for which they are
collected,
is punishable with rigorous imprisonment not exceeding ten
years, and fine not exceeding thirty thousand Birr, without
prejudice to the provisions of Article 862 of this Code
concerning Unauthorized Collection.
(5) Where a juridical person participates in the commission of one of
the crimes specified under sub-article (2), (3), or
(4) of this
Article, it shall be punishable in accordance with Article 90 of
this Code.
Article 702- Mismanagement of Private Interests.
(1) Whoever, being legally or contractually bound to watch over or to
manage the property rights of another, intentionally causes
prejudice to such property interest he watches over or to the
service he renders to the undertaking he works for by misusing
his powers or by failing in his duties,
is punishable with simple imprisonment or fine.
(2) Where the act is committed negligently, the punishment shall be
fine, or simple imprisonment not exceeding six months.
(3) Where the criminal has committed the crime with intent to
obtain for himself or to procure for another a benefit in property,
the punishment shall be simple imprisonment for not less than
one year, and a fine not exceeding thirty thousand Birr.
Article 703- Aggravated Cases.
(1) Where the crime has been committed:
a) by a tutor, an advocate, a notary, a banker, a curator or a
liquidator, or by any other person invested with an official
status, or deserving a special confidence; or
b) against State or public property,
the punishment shall be rigorous imprisonment not
exceeding ten years, and fine not exceeding fifty thousand
Birr.
(2) Where the criminal solicits or accepts any kind of advantage from
another in consideration for the performance or omission of an
act in violation of his responsibility or duty, he shall be
punishable with simple imprisonment for not less than one year,
or rigorous imprisonment not exceeding seven years and fine not
exceeding twenty thousand Birr.
In grave cases, the punishment shall be rigorous imprisonment
for not less than five years, and fine not exceeding one hundred
thousand Birr.
(3) Any person who, for the performance of an act proper to his
responsibility or duty, solicits or obtains an advantage or exacts
a promise before or after the performance of such an act,
is punishable, according to the circumstances of the case, with
simple imprisonment for not less than one year, or with rigorous
imprisonment not exceeding five years and fine not exceeding ten
thousand Birr.
(4) In the case of fraudulent mismanagement of State interests,
corrupt practices or acceptance of undue advantage committed
by a public servant or official, the special provisions (Arts. 409,
410 and 412) shall apply.
Article 704- Incitement to Speculation.
(1) Whoever, with intent to obtain for himself or to procure for a
third person a benefit in property, takes advantage of the
carelessness, the confidence or the manifest business
inexperience of a person in order to incite himto speculate,
whether on securities or goods, while he knew that the
transaction was flagrantly not in proportion to the holding of the
speculator and would expose him to serious risk,
is punishable, upon complaint, with simple imprisonment or fine.
(2) Where the crime is committed negligently, it shall be punishable
with fine.
Article 705- Incitement of Incapable Persons to carry out
Prejudicial Assignments.
(1) Whoever, with the intent specified in Article 704, takes
advantage of the carelessness, confidence or inexperience of a
minor or a person who is legally incapable,
a) in order to obtain a grant, promise or guarantee in his own
favour or in favour of a third person, of sums of money,
loans, acknowledgements of debt or other benefits in
property; or
b) in general, to obtain or avoid an assignment so as to
prejudice his property or that of a third person, is
punishable, upon complaint, with simple imprisonment
or fine.
(2) Whoever, with a similar intent, obtains such a promise, claim or
guarantee and sets it up against or assigns it to another, is liable
to the same punishments.
