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2. - Aj,plication as to time. 3. - lnterpr('(ation.
(I) The courts mentioned in the third column of the First Schedule to this Code shall have jurisdiction to try the offences mentioned in the first and second columns and impose the punishments provided by law. (2) The Minister may by order published in the Negarit Gazeta alter or vary the First Schedule.
(I) No young person (Art. 53 Penal Code) may be tried together with an adult. (2) No member of the Armed Forces may be tried together with a civilian except for an offence which does not come within the jurisdiction of a military court.
Courts shall exercise local jurisdiction in accordance with the provisions of Art. 99107.
Courts shall exercise appellate jurisdiction in accordance with the provisions of Arts. 182.
(I) The Advocate General, the Deputy Advocate General and the public pro- secutors shall be responsible for carrying out the duties imposed on them under this Code. (2) The public prosecution department may in the discharge of its duties give the necessary orders and instructions to the police and ensure that the police carry out their duties in accordance with law.
The police shall in accordance with the provisions of this Code assist the public prosecution department in: (a) preserving the peace and preventing crime; (b) discovering the commission of offences; (c) apprehending offenders; and (d) prosecuting offences when members of the police are appointed as public prosecutors.
Where a member of the police force is appointed as a public prosecutor he shall carry out the instructions of the public prosecution department. 22 CRIMINAL PROCEDURE CODE
12. - Anonymous accusations. 13. - Offences punishable on complaint. 14, - Form ofaccu,mtion or complaint. 15. - Accusation or complaint against an unknown offender. 16.- Authority competentfor receivingaccusationor complaint. 17. - A ccusation or complaint addressed to wrong authority. 18. - False accusation or complaint.
Anonymous accusations which disclose serious breaches of the law and are on the face of them circumsta.1tial and credible shall be investigated by the com- petent police authorities in the manner prescribed by Art. 22 et seq. with a view to ascertaining the truth or otherwise of the accusation.
In the case of offences which under the law may be prosecuted and punished only upon a formal complaint by the injured party or those deriving rights from him, the provisions of Art. 217222 and 721 Penal Code shall apply.
(I) Any accusation (Art. II) or complaint (Art. 13) shall be reduced to writins by the person to whom it is made and when completed shall be read over to to the complainant who shall sign and date it. (2) Where an accusation or complaint is made by more than one person (Art. 219 Penal Code), all such persons shall sign it.
Where the offender cannot be identified because he is unknown to the person making the accusation or complaint, such person shall furnish such details as are known to him with a view to establishing the identity of the offender.
(I) Any accusation (Art. I I) or complaint (Art. 13) may be made to the police or the public prosecutor. An accUsation or complaint regarding a young person shall be made in accordance with Art. 172 (2) Where it is made to the public prosecutor, the prosecutor shall forward it to the competent police officef with a View to an investigation being made under Art. 22 et seq.
Where an accusation or complaint is made to a person or authority other than the police or the public prosecutor or to a police authority or a prosecutor hav- ing no jurisdiction, such person, authority or prosecutor shall without delay forward the accusation or complaint to the appropriate police a~thority or public prosecutor.
Whosoever makes a false accusation or false complaint shall be liable to the punishments laid down in Art. 441 and 580 Penal Code.
(I) An offence shall be deemed to be flagrant where the offender is found com- mitting the offence, attempting to commit the offence or has just committed the offence. (2) An offence shall be deemed to be quasi-flagrant when, after it has been com- mitted, the offender who has escaped is chased by witnesses or by members of the public or when a hue and cry has been raised.
An offence shall he deemed to be flagrant and to fall under the provisions of Art. 19 when: (a) the police are immediately called to the place where the offence has been committed; or (b) a cry for help has been raised from the place where the offence is being or has been committed.
(I) In the case of offences as defined in Art. 19 and 20, proceedings may be instituted without an accusation or complaint being lodged, unless the of- fence cannot be prosecuted except upon a formal complaint. 24 CRIMINAL PROCEDURE CL E (2) An arrest without warrant may in such cases be made on the conditions laid down in Art. 49 et seq.
23. - Duty of police to investigate. 24. - Recording of statement. 25. - Summoning of accused or suspected person. 26. - Arrest. 27. - Interrogation. 28. - Release on bond. 29. - Procedure after arrest. 30. - Examination of witnesses by the police. 31.- No inducementto be offered. 32. - Searches and seizures. 33.- Issueof searchwarrant. 34. - Physical examinqtion. 35. - Power of court to record statements and confessions. 36. - Diary of investigation. 37. - Report of police investigation. 38. - Action by public prosecutor on receiving report. 39. - Closure of police investigationfile.
Investigating police offiCers shall carry out their duties under this Chapter not- withstanding that they are of opinion that the accusation, complaint or informa- tion they may have received is open to doubt.
After having recorded an accusation or complaint in the manner laid down in
Where the investigating police officer has reason to believe that a person hC's committed an offence, be may by written-summons require such person to ap- pear before him.
(I) Where the accused or the suspect has not been arrested and the offence is such as to justify arrest or where the person summoned under Art. 25 fails to appear, the investigating police officer shall take such steps as are necessary to effect his arrest. (2) Where the arrest cannot be made without warrant, the investigating police officer shall apply to the court for a warrant of arrest in accordance with the provisions of Art. 53
(I) Any person summoned under Art. 25 or arrested under Art. 26,50 or 51 shaH, after his identity and address have been established, be asked to answer the accusation or complaint made against him. BOOI(. II 25' (2) He shall not be compelled to answer and shaD be informed that he has the right not to answer and tfiat any statement he may make may be used in evidence. (3) Any statement which may be made shall be recorded. (4) Where the arrested person is unable properly to understand the language in which his answers are to be recorded. he shall be supplied with a competent interpreter. who shall certify the correctness ofall questions and answers.
(I) Where the offence committed or complained of is not punishable with rigorous imprisonment as a sole or akernative punishment; or where it is doubtful that an offence has been committed or that the summoned or ar- rested person has committed the offence complained of, the investigating police officer may in his discretion release such person' on his executing a bond with or without sureties that he will appear at such place, on such day and at such time as may be fixed by the potice. (2) Where the accused is not released on bond under this Article,1te may apply to the court to be released on bail in accordance with the provisions of
(I) Where the accused has been arrested by the police or a private person and handed over to the police (Art. 58), the police shall bring him before the nearest court within fortyeight hours of his arrest or so soon thereafter as local circumstances and communications pennit. The time taken in the journey to the court shall not be included. (2) The court before which the accused is brought may make any order it thinks fit in accordance with the provisions of Art. 59
(I) The investigating police officer may. where necessary, summon and examine any person likely to give information on any matter relating to the offence or the offender. (2) Any person so examined shall be bound to answer truthfully atl questions put to him. He may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge. (3) Any statement which may be made shall be NCorded.
(I) No police officer or person in authority shall otTer or use or make or cause to be offered, made or used any inducement, threat, promise or any Other improper method to any person examined by the police. 26 CRIMINAL PROCEDURE. CODE (2) No police officer or other person shall prevent or discourage by whatever means any person from making or from requiring to be recorded in the course of the police investigation any statement relating to such investiga- tion which he may be disposed to make of his own free will.
Any investigating police officer or member of the police may make searches or seizures in accordance with the provisions which follow: (I) No arrested person shall be searched except where it is reasonably suspected that he has about his person any articles which may be material as evidence in respect of the offence with which he is accused or is suspected to have committed. A search shall be made by a person of the same sex as the ar- rested person. (2) No premises may be searched unless the police officer or member of the police is in possession of a search warrant in the form prescribed in the Third Schedule to this Code except where: (a) an offender js followed in hot pursuit and enters premises or disposes of articles the subject matter of an offence in premises; (b) information is given to an investigating police officer or member of the police that there is reasonable cause for suspecting that articles which may be material as evidence in respect of an offence in respect l'f which an accusation or complaint has been made under Art. 14 of this Code and the offence is punishable with more than three years im- prisonment, are concealed or lodged in any place and he has good grounds for believing that by reason of the delay in obtaining a search warrant such articles are likely to be removed. 4r1. 33. - Issue of search warrant. 0) A search warrant may be issued by any court. No search warrant shall be issued unless the court is satisfied that the purposes of justice or of any inquiry, trial or other proceedings under this Code will be served by the issue of such warrant. (2) Every search warrant issued shall specify the property to be searched for and seized and no investigating police officer or member of the police may seize any property other than that specified in such warrant. (3) On seizing any property such investigating police officer or member of the police shall make a list of the property seized and where possible shall have the list checked and signed by an independent person. Any property seized which is required for the trial shall be preserved in a safe place until handed over to the court as an exhibit. Any property not so required may be re- turned to the person from whom it was taken and a receipt shall be taken.
(1) Notwithstanding the provisions of Art. 20 Civil Code where an investigat- ing police officer considers it necessary, having regard to the offence with which the accused is charged, that a physical examination of the accused should be made, he may require a registered medical I-Iractitioner to make such exal)1ination and require him to record in writing the results of such examination. Examination under this Article shalI include the taking of a blood test. (2) An investigatingpofice officer may, with the agreement of the victim of an offence or, where he is incapable with the consent of the parent or guardian, require a registered medical practitioner to make such physical examination ItSthe offence being inquired into would appear to require. He shalI require the registered medical practitioner to record in writing the results of such examination.
(1) Any court may record any statement or confession made to it at any time before the oPening of a preliminary inquiry or trial. (2) No court shalI record any such statement or confession unless, upon questioning the person makinz it. it ascertains that such person voluntarily makes such statement or confession. A note to this effectshalI be made ol'i the record. (3) Such statement or confession shall be recorded in writing and in fuJlby the court and shall thereafter be read over to the person making the statement or Gonfession, who shalI sign and date it. The statement shalI then be signed by the presIdent orthe court. (4) A copy of the record shalI then be sent to the court before which the case is to be inquired into or tried, and to the public prosecutor." 4rt. 36. - Diary of investigation'. (I) Every police officer making a police investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary setting forth: (a) the day on which he started and closed his investigation; and (b) all the steps taken in the course of the investigation; and (c) the circumstances which the investigation disclosed; and (d) all the means of evidence which may have been collected. 28 CRIMINAL PROCEDURE CODE (2) He shall enter in the diary any order which he may have received from a court or the public prosecutor in the course of the investigation. 4.rt. 37. - Report of police investigation. (I) Every police investigation under this Chapter shall be completed without unnecessary delay. (2) As soon as the investigation is completed, the investigating police officer shall forward to the public prosecutor a report setting forth: (a) the name of the parties; and (b) the nature of the information and the names of all persons who appear to be acquainted with the cirumstances of the case; and (c) all the means of evidence which have been collected. (3) The report shall specify all the steps which may have been taken with a view to preservation or otherwise. AT-t.38. - Action by public prosecutor on receiving report. On receiving the report under Art. 37 the public prosecutor may: (a) pro~cute the accused on a charge drawn up by him under Art. 109122; or (b) order that a preliminary inquiry be held under Art. 8093; or (c) order further investigations; or (d) refuse to institute proceedings under Art. 42
(I) The public prosecutor shall close the police investigation file where the accused: (a) has died; or (b) is under nine years of age~or (c) cannot be prosecuted under any special law or under public internation- allaw (diplomatic immunity). (2) The provisions of Art. 4345 shall not apply where the case file is closed under this Article. (3) On closing the case file, the public prosecutor shall send a copy of his decision to the Advocate General, the private complainant, if any, and the investigating police officer.
41. - Doubtful cases. 42. - Cases where proceedings shall not be instituted. 43. - Form of refusal. 44. - Effect of refusal. 45. - Form of and decision on application. 46. - Liability of privatepro~ecutor. 47. - Persons entitled to conduct private prosecutions. 48. - Stay ofproceedingsinprivateprosecutionpendinginstitution of proceedings by public prosecutor.
Where it is not clear whether proceedings should be instituted, the public pro- secutor shall refer the matter for instructions to the Advocate General.
(I) No proceedings shall be instituted where: (a) the public prosecutor is of opinion that there is not sufficient evidence to justify a conviction: or (b) there is no possibility of finding the accused and the case is one which may not be tried in his absence: or. (c) the prosecution is barred by limitation or the offence is made the subject of a pardon or amnesty; or (d I the public prosecutor is instructed not to institute proceedings in the public interest by the Minister by order under his hand. (2) On no other grounds may the public prosecutor refuse to institute pro- ceedings. (3) The public prosecutor shall institute proceedings In cases affecling the Government when so instructed by the Minister.
(I) A refusal to institute proceedings under Art. 42 shall be in writing and shall record clearly the reasons for such refusal. (2) A copy thereof shall be sent to the a~propriate person mr>ntioned in Art. 47 and to the investigating police officer. An 44. ..- qfCi.t of refusal. (I) Where the public prosecutor refuses to institule proceedmgs under Art. 42 (II (a) in relation to an offence punishable on complain! only, he shall authorise in writing the appropriate person mentioned in Art. 47 to cpnduct a private prosecution. A copy of such authcrisation shall bt' sent to the cpurt having jurisdiction. (2) Where the public prosecutor refuses to institu!c proceedings under Art. 42 (I) (a) in relation to an offence which is not punishable On complaint only. the appropriate person mentioned in Art 47 may. within thirty days from having received the decision of the public: prosecutor. apply for an order that the public prosecutor institute proceedings. 4/"r. 45. - Form of and decision 11// application. (I) An applic"tiol1 under Art. 44 (2) shall be made to the court to which an 30 CRIMINAL PROCEDURE CODE appeal lies from decisions of the court which would have had jurisdiction, had proceedings been instituted. (2) The court Shall, after considering the refusal of the public prosecutor to institute proceedings under Art. 42 (I) (a) and the reasons therefor either confirm the decision of the public prosecutor or order him to institute proceedings:
The private prosecutor authorised to conduct a private prosecution under Art. 44 (I) shall conduct the private prosecution at his peril and at his own expense.
No person other than: (a) the injured party or his legal representative: or (b) the husband or wife on behalf of the spouse; or (c) the legal representative of an incapable person; or (d) the attorney 01 a body corporate: may conduct a private prosecution.
by public prosecutor. Where the evidence in a private prosecution discloses that a more serious of- fence has resulted than has been charged in a private prosecution, the p~blic prosecutor may apply to the court to stay the proceedings pending the institu- tion of fresh proceedings by the public prosecutor.and the court shall thereon stay the proceedings.
Save as is otherwise expressly provided, no person may be arrested unless a warrant is issued and no person may be detained in custody except on an order by the court. An arrest without warrant may only be made on the conditions laid down in this Section.
Any private person or member of the police may arrest without wa l'I'ant a perS0n who has committed a flagrant offence as defined in Art. 19 and 20 of this Code. where the offence is punishable with simple imprisonment for not less than three months.
(I) Any member of the police may arrest without warrant any perS0n: (a) whom he reasonably suspects of having committed or being about to commit an offence punishable with imprisonment for not less than one year; (b) who is in the act of committing a breach of the peace; (c) who obstructs a member of the police while in the execution of his duties or who has escaped or attempted to escape from lawful custody; (d) who has evaded or is reasonably suspected of having evaded police supervision; (e) who is reasonably suspected of being a deserter from the armed forces or the police forces; (0 who has in his possession without lawful excuse housebreaking im- plements or weapons: (g) who has in his possession without lawful excuse anything which may reasonably be suspected of being stolen or otherwise obtained by the commission of an offence; (h) who may reasonably be suspected of being a dangerous vagrant within the meaning of Art. 471 Penal Code. (2) Nothing in this Article shall affect the powers of other government officers to make an arrest without warrant under special provisions of other laws.
(I) Where a warrant is required by law to be issued by a court before a person is arrested the provisions which follow shall apply. (2) A warrant of arrest shall be in the form prescribed in the Third Schedule to this Code. (3) A warrant of arrest shall remain in force until executed or cancelled by the court which issued it notwithstanding the death, retirement or replacement of the judge having issued the warrant.
(I) A warrant of arrest may be issued on the application of any investigating 32 CRIMINAL PROCEDURE CODE po:ice officer by any court and shall be addressed to the chief of the police in the Taklay Guezat in which it is issuea. (2) A warrant may be issued at any time and on any day of the year. (3) A warrant of arrest may be executed in any part of the Empire by any member of the police.
A warrant of arrest shall only be issued where the attendance of a person before the court is absolutely necessary and tannot otherwise be obtained.
(I) In cases of urgency the investigating police officer may apply for a warrant by telephone or telegraph. (2) In such cases the application to the court in question shall be confirmed in writing within 24 hours.
(I) The police officer making an arrest shall first establish the identity of the person to be arrested. (2) Where the arrest is made with a warrant, the police officer shall read out the warrant to the person to bC arrested and shall show it to the person arrested if he so requests. (3) He shall then actually touch or confine the body of the person to be arrested unless there be a submission to his custody by word or action. (4) If such person forcibly resists the endeavours to arrest or attempts to evade the arrest, such officer may use all means proportionate to the circum- stance.s to effect the arrest. (5) The provisions of this Article shall also apply to bench warrants. 4rt. 57. - Assistance may be required to effect arrest. Where the police call for assistance in making an arrest with or without warrant there shall be a duty to assist where assistance can be given without risk (Art. 761 Penal Code).
(I) Where an arrest is made the person making the arrest shall without un- necessary delay hand over the person so arrested to the nearest police station.
(l) The court before which the arrested person is brought (Art. 29) shall decide whether such pel1ion shall be kept in custody or be released on bail. (2) Where the police, investigation is not completed the investigating police officer may apply for a remand for a sufficient time to enable the investiga- tion to be completed. (3) A remand,may be granted in writing. No remand shall be granted for more than fourteen days on each occasion.
Any arrested person shall be detained on the conditions prescribed by the law relating to prisons. Art. 6t .,- Detained persons right to consul! fldvocatl!. Any person detained on arrest or on remand shall be permitted forthwith tQ call and interview his advocate and shall, if he so requests, be provided with the means to write.
Any person on remand who may be released on bail shall be given the opport- unity to find sureties.
(I) Whosoever nas been arrested may be released on bail where the offence with which he is charged does not carry the death penalty or rigorous imprison- ment for fd'teen years or more and where there is no possibility of the person in respect of whom the offence was committed dying. (2) No person shall be released on bail unless he has entered into a bail bond, with or without sureties, which, in the opinion of the Court, is sufficient to secure 'his attendance at the court when so required to appear. (3) Nothing in this Article shall affect the provisions of Art. 67 34 CRIMINAL PROCEDURE CODE
(I) A person under arrest may at any time apply for bail. (2) The application shan be made in writing and signed by the applicant. It shan contain a summary of the reasons for making the application and the nature of the bail bond the applicant is prepared to enter into. (3) An application for bail may be granted by any court.
(1) Any court issuing a warrant for the arrest of any person may, in its dis- cretion, direct by endorsement on the warrant that .if such person enters into a bail bond on the terms laid down by the court, the police officer to whom the warrant is directed by the court shan take such security and shall release such person from custody. (2) The endorsement shan state: (a) the amount to be guaranteed and.the guarantors, if any; and (b) the time at which the person released is to attend before the court. (3) Where a bail bond is entered into as required under this Article, the police officer to whom the warrant is directed shan release the arrested person and forward the bond to the court.
Any court to which an application for bail is made shan consider it withou~ delay and shan can upon the prosecutor or the investigating police officer in his absence for comments and recommendations. It shan make its decision within 48 bours.
An application for bail shan not be anowed where: (a) the applicant is of such nature that it is unlikely,dl'at he win comply with the conditions laid down in the bail bond; (b) the a2plicant, if set at liberty, is likely to commit other offences; (c) the applicant is likely to interfere with witnesses or tamper with the evidence.
Where the application is anowed, the court shan fix the conditions on which bail is granted.
(I) The choice of the guarantors and the amount to be guaranteed shan be in the discretion of the court. (2) The court shan decide such matter having regard to: (a) the seriousness of the charge; and
(I) Unless otherwise expressly provided in the bail bond the guarantor shall be responsible for securing the appearance of the person released on bail at any time and place to which during the course of the proceedings the hearing may from time to time be adjourned. (2) Nothing herein contained shalI affect the provisions of Art. 77 and 78. (3) Where the guarantor of a bail bond dies, his guarantee shalIlapse. Any recognisance which has been deposited shalI be returned to the, guarantor's personal representative. The person released on bail may be ,required to produce new sureties.
(I) The bail bond shalI be in the form prescribed in the Third Schedule to this Code. (2) The bail bond shalI remain in force for such period as shall be fixed by the court but may be extended from time to time by the court. (3) Where the charge against the person released on bail is withdrawn the court shalI discharge the bail bond.
When the bail bond has been entered into and alI formalities complied with, the accused shall be released from custody.
( I) If through mistake, fraud or otherwise, insufficient sureties have been accepted the court may issue a warrant for the arrest of the person released on bail and when such person appears, the court may order him to fmd sufficient sureties. (2) Where he refuses or is unable to do so, the court shall order that he be remanded.
Where. certain facts are disclosed which were unknown when bail was granted, the court m.ay at any time of its own motion or on application reconsider the conditions on which bail has been granted and may order the released person to produce new sureties or to be remanded. 36 CRIMINAL PROCEDURE CODE
(1) Where bail has been refused by a court, the accused may apply in writing within twenty days against such refusal to the court having appellate juris- diction under Art. 182 (1) to grant bail. The application shall set forth concisely the reasons why bail should be granted. (2) The court of appeal after considering the application shall dismiss the ap- plication or grant bail' on such conditions as it shall fix. No appeal shall lie against a decision given by the court of appeal under this Article.
(1) Where the person released on bail fails to appear on the date fixed a warrant for his arrest shall be issued. (2) The guarantors shall be summoned and required to show cause why their recognisances should not be estreated. (3) The court shall make such order regarding the bail bond as the circums- tances of the case may require.
(1) Where the guarantors are of 'opinion that the accused may abscond, they shall inform the court and may apply to the court to be released from "their obligations. (2) The court shall issue a warrant of arrest and when the accused has been arrested the court shall release the guarantors.
(1) The guarantors may at any time bring the released person to the court which released him and thereupon they shall be discharged. (2) All or any of the guarantors may at any time apply to the court which caused the bond to be taken to discharge the bail-bond either wholly or so far as relates to the applicant. On such application the court shall issue a warrant for the arrest of the person on whose behalf the bail bond was executed and upon his appearance shall discharge the bond either wholly or so far as relates the applicant. (3) In the case provided in sub-art. (1) and (2), the court shall require the ac- cused to find other sufficient sureties and, if he is unable or refuses to do so, shall order his remand.
Whenever the accused fails to comply with a condition in a bail bond, the bail bond shall be forfeited unless the accuSed or his guarantors can show cause why the bond shall not be forfeited.
(I) Where any pe,rson is accused of an offence under Art. 522 (homicide in the first degree) or Art. 637 (aggravated robbery) a preliminary inquiry shall be held under the provisions of this Book: Provided that nothing in this Article shall prevent the High Court from dispensing with the holding of a preliminary inquiry where it is satisfied by the public prosecutor that the trial can be held immediately. (2) Where any person is accused of any other offence triable only by the High Court no preliminary inquiry shall be held unless the public prosecutor under Art. 38 (b) so directs. (3) The provisions of this Book shall not apply to offences coming within the jurisdiction of the High Court which have been committed by young persons.
Without prejudice to the provisions of Art. 99107, the preliminary inquiry shall be held before the Woreda Guezat Court within whose area of jurisdiction the offence was committed.
(I) All preliminary inquiries shall be held in the manner provided by the fol- lowing Articles. (2) An adjournment may De granted on the conditions laid down in Art. 94
(I) Where the public prosecutor decides under Art. 80 (2) that a preliminary inquiry shall be held, he shall send a copy of his decision to the Woreda Guezat Court having jurisdiction and, where appropriate, to the public prosecutor acting before such court. (2) The court shall fix the day on which the inquiry shall be held and cause to be summoned such witnesses as the prosecutor may wish to call in support of the prosecution. (3) The case for the prosecution shall be conducted by the public prosecutor acting before the commi~ting court. 38 CRIMINAL PROCEDURE CODE
Where the accused person appears or is brought before it, the court shall re- quire the pro~utor to open his case and to call his witnesses.
(1) After the witnesses for the prosecution have been heard and their evidence recorded, the court shall ask the accused whether he wishes to make a statement in-answer to the charge. (2) He shall be informed that the preliminary inquiry does not constitute a trial and that the decision as to his guilt or innocence will be taken by the High Court and not by the committing court. (3) He shall be informed that he is not bound to say anytl1ing but that any statement he may wish to make will be taken down in writing and may be put in at his trial. .4rt. 86. - Statement of accused. (1) If the accused elects to make no statement, he shall forthwith be committed for trial before the High Court. (2) If the accused elects to make a statement, such statement shall be taken down in writing, read over to him, signed by the accused and kept in the file.
The court may at any time call any witness whose testimo}lY it think!! necessary in the interests of justice, notwithstanding that the prosecutor has not applied for such witness to be summoned.
Evidence shall be recorded in accordance with Art. 147 and the evidence of each witness shall be recorded on separate sheets of paper.
(I) After the statement, if any, of the accused has been taken down, the court shall commit the accused for trial before the High Court without specifying the charge or charges on which he is committed for trial. (2) Such charge or charges shall be specified in the charge framed by the public prosecutor in accordance with Art. 109122 of this Code. (3) The court shall then require the accused to give a list of the witnesses he wishes to call at his trial together with their addresses.
(I) All witnesses who have given evidence at the preliminary inquiry shall
(I) When the accused is committed for trial, the committing court shall send the original record and the exhibits (if a~y) to the registrar of the High Court. Any exhibit which from its bulk or otherwise cannot conveniently be forwarded to the registrar of the High Court may remain in the custody of the police. (2) A list of all exhibits showing which of them are forwarded with the record and which remain in the custody of the police shall be sent to the registrar of the High Court with the record. (3) The registrar of the High Court shall be responsible for making copies of the record and sending one to the public prosecutor and one to the accused.
(I) The record shall contain the following particulars:- (a) The serial number of the case; and (b) the date of the commission of the offence; and (c j the date of the accusation, if any; and (d} the name and address of the accuser, if any: and (e) the name, address, occupation and age, if known, and nationality of the accused; anci (0 the offence shown and, where appropriate, the value of the property In respect of which or the special status of the person a!!ainst whom the offence was committed; and (g) the date of the warrant of arrest, if any, or on which the accused was first arrested; and (h) the date on which the accused was first brought before a court; and (i) the name of the prosecutor and, where appropriate, of the advocate for the defence; and (j) the date of anQ reasons for any adjournment that may have been granted; and (k) the date on which the preliminary inquiry was completed; and (I) all statements made in the course of the preliminary inquiry, including those which mav have been made by the accused; and (IJ?).thelist of defence witnesses. (2) The same particulars shall appear in the copy of the proceedings sent to the public prosecutor and the accused. 40 CRIMINAL PROCEDURE CODE
Without prejudice to the provisions of this Code relating to release on bail the committing court may order that the accused be kept on remand until the trial.
(I) The court may of its own motion or on the application of the prosecution or the defence adjourn any hearing at any stage thereof where the interests of justice so require. (2) An adjournment may not be granted unless: (a) the prosecutor, public or private, or the accused fails for good cause to appear; or (b) witnesses for the prosecution or the defence are not present; or (c) in a trial other than that of a case committed on preliminary inquiry to the High Court, the prosecution require time for investigation; or (d) further evidence requires to be produced; or (e) evidence is produced either by the prosecution or the defence which takes the other side by surprise and the production of which could not have been foreseen; or (f) the charge has been altered or added to and the prosecutor or the ac- cused requires time to reconsider the prosecution or defence; or (g) '"theaccused has not been served with a copy of the charge or of the pre- liminary inquiry or has been served too short a time before the trial to enable him properly to prepare his defence; or (h) prior sanction for a prosecution is required before the trial may start; or (i) a decision in the trial cannot be given unless other proceedings be first completed; or (j) the mental stability of an accused requires to be established by an expert; or (k) . the court considers that the accused, if a young person, should be placed under observation; or (I) the trial cannot be completed in one day and is adjourned to the follow- ing day. (3) No adjournment under paragraphs (al and (fI- (h) inclusive shall be granted for more than one week.
(I) Subject to the provisions of sub-art. (31 of Art. 94, the court shall adjourn 4~ CRIMINAL PROCEDURE CODE the hearing for such time only as is sufficient to enable the purpose for which the adjournment was granted to be carried out. (2) Where the purpose for which the adjournment was granted has not been cgrried out for a reason not attributable to the fault of the prosecution or the defence, a further adjournment of the same or less duration shall be granted. (3) Where a hearing has been adjourned under paragraphs (c) or (i) -(k) of
(I) On granting an adjournment, the court shall make such order as is neces- sary to ensure that the purpose for which the adjournment is granted is carried out. This shall include the issue of warrants on the conditions iaid down in Art. 33, 53 and 125. (2) Where an adjournment has been granted under paragraphs (j) or (k) of
All exhibits including depositions and statements under Art. 27 and 30 shall be marked and numbered by the registrar of the court. Such exhibits shall be kept by the registrar in a safe place and shall not be withdrawn without an order of the court.
(1) The record of a trial shall be signed by the court and shall contain: (a) a copy of the complaint or accusation: (b) the record of the preliminary inquiry, if any: (C) the date of the warrant of arrest, if any. or on which-the accllsed was first arrested; (d) the date on which the accused was first brought before a court: (e) the charge filed by the public or private prosecutor and any alterations or additions thereto and in the case of a private prosecution the certificate of the public prosecutor shall be attached: (f) the plea of the accused: (g) a copy of the opening address of the public or private prosecutor; (h) a full record of the evidence of all the witnesses including the cross- examination and the re-examination: (i) a note of any objection made by the prosecutor or the accuse,! and the ruling given thereon. Such note shall be made at the time the objection
100. - Accused triable in place where act is done or where conse- quences ensued. ]0]. - Place oltrial where act is (111oJ/ence by reason ofrelatioll to other oj/encl'. 102. - Trialll'here place ofoJ/ence is uncertain. 103. - Offellce C'Ommittedon ajoutney. 104. - Place ol trial of oflence committed outside Ethiopia on an Ethiopian ship 01' aircrap. 105. - Court hm'ingjurisdinion in mses olreillstatement. ]06. - Change olvenue. 107. - Public prosecutor to direct place f!l trial.
Where a person is accused of the commission of any offence by reason of any- thing which has been done and of any consequence which has ensued such offence may be tried by a court within the local limits of whose jurisdiction any such thing has been done or any such .consequence has ensued.
Where an act is an offence by reason of its relation to another offence a charge of the first mentioned offence may be tried by a court within the local limits of whose jurisdiction either act was done.
(a) Where it is uncertain in which of several local areas an offence was com- mitted; or 44 CRIMINAL PROCEDURE CODE (b) where an offence is committed partly in one local area and partly in another; or (c) where an offence continues to be committed in more than one local area; or (d) where an offence consists of several acts done in differept local areas, it may be tried by a court having jurisdiction over any of such local areas.
An offence committed whilst the offender is in the course of performing a journey or voyage may be tried by a court through or into the local limits of wbose ju_risdictiOll.the offender or the person against whom or the thing in respect of which the offence was committed passed in the course ofthatjoumey or voyage.
\ or aircraft. An offence committed outside Ethiopia on an Ethiopian ship or aircraft shall be deemed to have been committed in Ethiopia.
(1) No person may ~ tried for an offence other than a petty offence unless a charge has been framed in accordance with the provisions of this Chapter. (2) l'be provisions of this Chapter shall apply to charges framed: (a) by the public prosecutor, whether the case is to be tried by the High Court or a subordinate coun; ana (b) by ~ private prosecutor, where he has been authorised to conduct a private prosecution. (3) The provisions of this Chapter shall not apply in cases concerning young persons unless an order to the contrary be made under Art. 172
Whenever it is made to appear to the High Court by application before a trial has started either by the public prosecutor or by the accused: (a) that a fair and impartial trial cannot be held in any criminal court subor- dinate thereto; or (b) that some question of law of unusual difficulty is likely to arise; or (c) that an order under this Article will tmd to the general convenience of the parties or witnesses; or (d) that such an order is expedient for the ends of justice or is required by any provision of this Code, it may make an order against which no appeal shall lie to the effect that: (i) any offence be tried by any court not empowered under the provisions of Art. 99104 of this Chapter but in other respects competent to try such offence; (ii) an accused person be committed for trial to itself.
In cases under Art. 100104, 116 or 117 the public prosecutor shall decide the court in which the charge shall be ftled and on the filing of the charge in ac- cordance with such decision the court shall have jurisdiction.
]09. - Framing, filing and service ot"the charge. ] 10. - Clutl'ge wrongly filed. I] I. - Contentsandform of the charge. 1]2. - Description of circum stances. 113. - Where it is doubtful what oflence has been C'Ommitted. 114. - Aggravated offences how charged and procedure. 115. -- Person charged with an oj/ence may be convicted ol an attempt or as accessory or instigator. 116. - More than one charge. ] 17. - Joinder olcharges. 118. - Efl£'ct of errors. 119. - A Iteration or addition to charge. 120. - El/ect olalteratioll 01'additioll. 12]. - Remll olwitnesscs. 122. - Withdrawalolcharges. .45
(I) The public prosecutor shall within fifteen days of the receipt of the police report (Art. 31) or the record of a preliminary inquiry (Art. 91) frame such charge as he thinks fit, having regard to the police investigation or preli- minary inquiry, and shall file it in the court having jurisdiction. (2) If, before the trial by the High Court, the prosecutor is of opinion upon the record of the preliminary inquiry received by him that ~he case is one which is to be tried by a subordinate court, he shall, notwithstanding the decision of the committing court, frame such charge as he thinks fit and shall file it in the subordinate court having jurisdiction. (3) Where the preliminary inquiry discloses offences some of which are to be tried by the High Court and some by a subordinate court, the prosecutor shall frame such charges as he thinks fit and shall file them in the High Court which shall have jurisdiction to try all offences thus charged. (4) A copy of every charge shall be given to the accused free of cost.
Where the public prosecutor files ii charge in a court having no jurisdiction the court shall refuse to accept such charge and shall direct the public prosecutor to file the charge in a court..having jurisdiction and shall so sPecify in writing in the charge sheet: Provided that the court may not refuse to accept a charge filed by the public prosecutor under Art. 630 Penal Code by reason only that a court subordinate thereto has jurisdiction to try such charge and on the filing of such charge the court shall have jurisdiction to try such offence.
(I) Every charge shall be dated and signed and shall contain: (a) the name of the accused; and 46 CRIMINAL PROCEDURE CODE (b) the offence with which the accused is charged and its legal and material ingredients; and (c) the time and place of the offence and, where appropriate, the person against whom or the property in respect of which the offence was com- mitted; and (d) the law and article of the law against which the offence is said to have been committed. (2) The charge shall be in the form set out in the Second Schedule to this Code or shall conform thereto as nearly as may be.
Each charge shall describe the offence and its circumstances so as to enable the accused to know exactly what charge he has to answer. Such description shall follow as closely as may be the words of the law creating the offence.
(I) If a si~gle .act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed the offence which appears the more probable to have been committed and he may be charged in the alternative with having committed all other offences which the facts which can be proved might constitute. (2) Where the evidence shows that the accused committed an offence with which he might have been charged in the alternative and the offence is within the jurisdiction of the court, he may be convicted of such offence notwithstanding that he was not charged with it, where such offence is of lesser gravity than the offence charged. (3) Nothing in this Article shall prevent the court from applying the provisions of Art. 6 and 9 Penal Code.
(I) Where an accused person may be charged with an aggravated offence by reason of previous convictions, he shall be charged with the unaggravated offence and the charge shall be filed in the court having jurisdiction to try the aggravated offence. (2) Where the accused is convicted of the unaggravated offence the public prosecutor may, after conviction and before sentence, prove the previous convictions of the accused which, had they been proved at the trial, would have resulted in his conviction of the aggravated offence. The court may sentence him as though he had been convicted accordingly.
cessory or instigator. (1) Where the accused is charged with an offence, he may be convicted of hav- ing attempted to commit the offence although the attempt is not separately charged. (2) Where an accused is charged with an offence as principal, he may be con. victed as an instigator or as an accessory, although he was not charged as such.
(I) A charge may contain several different counts relating to the same accused and each offence so charged shall be described separately. (2) All charges may be tried together but where the accused is likely to be embarrassed in his defence, the court shall order the charges to be tried separately.
(1) All persons accused of having participated in whatever capacity' in the of- fence or offences even at different times shall be charged and tried together. (2) Nothing in this Article shall prevent the court from ordering separate trials where separation is required in the interests of justice. (3) Where several persons have committed different offences connected with the same criminal activity they may where necessary M charged and tried together.
No error in stating either the offence or the particulars required to be stated in the charge and no omission to state the offence or those particulars shall be regarded as material and no charge containing such errors or omissions shall be regarded as invalid unless they relate to essential points or the accused was in fact misled by such error or omission or justice is likely to be thereby de- feated.
(1) Where the>accused is brought to trial on a charge containing essential er- rors or omissions or such errors or omissions that the accused has been or is likely to be misled, the court may at any time before judgment of its own motion or on application order the charge to be altered or added to or a new charge to be framed, as the case may be. (2) Every such alteration, addition or new charge shall be read and explained to the accused.. 48 CRIM-INAL PROCEDURE CODE (3) The provisions of this Article shall also apply in the case of errors or omis- sions within the meaning of Art. 118
(1) Where a charge is altered or added to or a new charge is framed, the court shall ask the accused to state whether he is ready to be tried on such altered, added or new charge. (2) Where the accused declares that he is not ready, the court shall consider the reasons he gives. If proceeding immediately with the trial is not likely, in the opinion of the court, to prejudice the accused in his defence the court may proceelwith the trial as if the altered, added or new charge had been the original charge. (3) If proceeding immediately with the trial is lijcely in the opinion of the court to prejudIce the accused in his defence or the prosecutor in the conduct of the case, an adjournment shall be ordered (Art. 94).
Whenever a charge is altered or added to or a new charge is framed after the beginning of the trial, the prosecutor and the accused shall be allowed to recall and examine, with reference to such alteration, addition or new charge, any witnesses who may have been examined and may also call any further evidence which may be material.
(1) With the permission of the court the public prosecutor may before judg- ment at any stage of the proceedings withdraw any charge other than a charge under Art. 522 (homicide in the first degree) or Art. 637 (aggravat- ed robbery). (2) Where the public prosecutor informs the court that the withdrawal of a charge is on the instructions of government, the court shall, if it is satisfied that the public prosecutor has been so ordered, grant permission to the public prosecutor to withdraw the charge. (3) Where no new charge is framed under the provisions of Art. 119 the ac- cused shall be discharged. (4) The court shall give reasons for allowing or refusing withdrawal of a charge. (5) The withdrawal of a charge under the provisions of this Article is no bar to subsequent proceedings.
When the charge has been filed under Art. 109, the court shall forthwith fIx the date of trial and cause the accused and the public prosecutor to be summoned to appear on the date and at the time fIxed by the court. It shall take such steps as are necessary to secure the attendance ~f the accused, if in custody.
(I) So soon as the date of the trial has been fIxed. the public prosecutor and the accused shall give the registrar a list of their witnesses and experts, if any. whose presence is necessary. The registrar shall forthwith issue sum- monses in the form prescribed in the Third Schedule to this Code. (2) The public prosecutor and the accused shall be responsible for ensuring that all exhibits to be produced at the trial shall be in court on the day fIxed for the trial.
Where an accused person or a witness, who has been duly summoned and there is proof of service of such summons. has failed to appear as required, the court may issuea bench warrant and such accused person or witness shall be brought before the court by the police.
(I) The court shall sit on the day and at the hour fIxed for the hearing. (2) Where an interpreter is required for the purposes of any proceedings. the court shall select a qualifIed court interpreter. Where none is available it will select a competent interpreter but no person shall be selected who is a relative to the accused or prosecutor or is himself a witness. (3) The case shall be called and the accused shall be produced.
(I) The accused shall appear personally to be informed of the charge and to defend himself. When he is assisted by an advocate the advocate shall ap- pear with him. 0) The accused shall be adequately guarded and shall not be chained unless there are good reasons to believe that he is dangerous or may become violent or may try to escape. 50 CRIMINAL PROCFDlIRL CODI":
When the accused has been brought into the dock his identity, age and trade shall be established.
The charge shall be read out to the accused by the presiding judge who shall then ask the accused if he has any objection to the charge.
(I) If the accused has anything to say as to the form or contents of the charge, the provisions of Art. 119 et seq. shall apply. (2) The provisions of Art. 131 shall apply where the accused states: (a) that the case is pending before another court: or (b) that he has previously been acquitted or convicted on the same charge: or (c) that the charge against him has been barred by limitation or the ofTence with which he has been charged has been made the subject of pardon or amnesty: or (d) that he will be embarrassed in his defence if he is not granted a sepa- parate trial, where he is tried with others: or (e) that no permission to prosecute as required by law has been obtained: or (0 that the decision in the criminal case against him cannot be given until other proceedings have been completed: or (g) that he is not responsible for his acts. (3) Where no objection is raised under this Article immediately after the ac- cused has been required by the court to state his objections, the accused shall be barred from raising any such objection at any later stage in the trial, unless the objection be such as to prevent a valid judgment being gIven. Art. 13J. - Seulement of objections. (I) The court shall take down any objection that may have been raised under
( I) After the charge has been read out and explained to the accused, the presid- ing judge shall ask the accused whether he pleads guilty or not guilty. (2) Where there is more than one charge the presiding judge shall read out and explain each charge one by one and shall record the plea of the accused in respect of each charge separately. (3) The plea of the accused shall be recorded as nearly as possible in the words of the accused.
(I) Where the accused says nothing in answer to the charge or denies the charge, a plea of not guilty shall be entered. (2) Where the accused admits the charge with reservations, the court shall enter a plea of not guilty.
(I) Where the accused admits without reservations every ingredient in the of- rence charged, the court shall enter a plea of guilty and may forthwith convict the accused. (2) Where a plea of guilty has been entered, the court may require the prosecu- tion to call such evidence for the prosecution as it considers necessary and may pennit the accused to call evidence.
(I) Where a plea of guilty has been entered and it appears to the court in the course of proceedings that a plea of not guilty should have been entered, the court may change the plea to one of not guilty. (2) The conviction, if any, shall then be set aside.
(I) After the plea of the accused has been entered, the public prosecutor shall open his case explaining shortly the charges he proposes to prove and the nature of the evidence he will lead. He shall do so in an impartial and objective manner. (2) The public prosecutor shall then call his witnesses and experts, if any. The witnesses and experts shall be sworn or affinned before they give their testimony. (3) They shall be examined in chief by the public prosecutor, cross-examined by the accused or his advocate and may be re-examined by the public proseCutor. - 52 CRIMINAL PROCEDURE CODE (4) The court may at any time put to a witness any question which appears necessary for the just decision of the case.
(I) Questions put in examination-in-chief shall only relate to facts which are relevant to the issues to be decided and to such facts only of which the witness has direct or indirect knowledge. (2) No leading question shall be put to a witness without the permission of the accused or his advocate or the public prosecutor, as the case may be. (3) Questions put in cross-examination shall tend to show to the court what is erroneous, doubtful or untrue in the answers given in examination-in-chief. Leading questions may be to a witness in cross-examination.
(I) Unless otherwise expressly provided by law, the previous convictions of an accused person shall not be disclosed to the court until after he has been convicted. (2) The previous convictions of an accused person shall not be included in the record of any preliminary inquiry.
The public prosecutor, the accused or his advocate may on re-examination only ask questions for the purpose of clarifying matters which have been raised in cross-examination.
Failure to cross-examine on a particular point does not constitute an admis- sion of the truth of the point by the opposite party.
When the case for the prosecution is concluded, the court, if it finds that no case against the accused has been made out which, if unrebutted, would war- rant his conviction, shall record an order of acquittal.
( I) Where the court finds that a case against the accused has been made out and the witnesses for the injured party, if any, have been heard it shall calIon the accused to enter upon his defence and shall inform him that he may make a statement in answer to the charge and may call witnesses in his de- fence. . (2) The accused or his advocate may then open his case and shortly explain his defence stating the evidence he proposes to put forward. He shall then
( I) The court may at any time before giving judgment call any witness whose testimony it thinks is necessary in the interests of justice. (2) The prosecution and the accused may call any witness whose name does not appear on the list of witnesses. Such witness shall be summoned where the court is satisfied that he is a material witn~ and the application for a sum- mons is not being made for the purpose of delaying the case. (3) The prosecutor may in a case committed for trial to the High Court call any witness who has not given evidence at the preliminary inquiry where he informs the accused in writing of the name of the witness he proposes to call and of the nature of the testimony he will give.
(I) The deposition of a witness taken at a preliminary inquiry J;naybe read and put in evidence before the High Court where the witness is dead or insane, cannot be found, is so ill as not to be able to attend the trial or is absent from the Empire. (2) The deposition of an expert taken at a preliminary inquiry may be read and put in evidence before the High Court although he is not called as a witness.
(1) The court may, on the request of the accused or the prosecutor, refer to statement made by a witness to a police officer in the course of police in- vestigation. (2) It may then, if it thinks it expetlil!nt in the interests of justice, direct the accused to. be furnished with a copy thereof and such statement may be used to impeach the credit of such witness.
Where the prosecutor or the accused objects to the admission of any evidence or the putting of a question to a witness, the court shall decide forthwith on the admissibility of such evidence. 54 CRIMINAL PROCEDURE CODE
(I) The evidence of every witness shall start with his name, address, occupation and age and an indication that he has been sworn or affirmed. (2) The evidence of each witness shall be taken down in writing by the presiding judge or, if, for some reason, he is unable to record the evidence, by another judge or clerk under his personal direction and superintendence. (3) The evidence shall be divided into evidence-in-chief, cross-examination and re-examination with a note as to where the cross-examination and re-exa- mination begin and end. (4) The evidence shall ordinarily be taken down in the form of a narrative: Provided that the presiding judge may, in his direction, take down or cause to be taken down any particular question and answer.
(I) After the evidence for the defence has been concluded the prosecutor may address the court on questions of law and fact. (2) The accused or his advocate shall then address the court on questions of law and fact. He shall always have the last word, (3) Where there are more than one accused the presiding judge shall decide in which order the accused or their advocates shall address the court. A.rt. 149. - Judgment and sentence. (1) When the final addresses including the addresses under Art. 156, if any, have been conduded, the court shall give judgment. The judgment shall be dated and signed by the judge delivering it. The judgment shall contain a summary of the evidence, shall give reasons for accepting or rejecting evidence and shall contain the provisions of the law on which it is based and, in the case of a conviction, the article of the law under which the conviction is m<1de. (2) Where tht, an used is found not guilty, the judgment shall contain an order of acquittal and, where appropriate, an order that the accused be released from cllstody. (3) Where the accused is found guilty, the court shall ask the prosecutor whether he has anything to say as regards sentence by way of aggravation or mitigation. The prosecutor may call witnesses as to the character of the accused, (4) Where the prosecutor has made his submissions on sentence the accused or his advocate shall be entitled to reply and may call witnesses as to character. Where the accused does not admit any fact regarding his antecedents, the prosecutor shall be required to prove the same. (5) The court shall then pass sentence and shall record the articles of the law under which the sentence has been passed. ~OOKIV 55 (6) Nothing herein contained shall affect the provisions of Art. 195 and 196 Penal Code. (7) After delivery of judgment the prosecutor and the accused shall be in- formed of their right of appeal.
(I) Where a private complainant has been authorised under Art. 44 (I) to conduct a private prosecution, he shall within fifteen days file his complaint and the charge in the court having jurisdiction. (2) Where a charge is not in accordance with the authorisation the court shall require the private complainant to amend the charge to conform to such authorisation.
(I) When the complaint and the charge have been filed the court shall summon the complainant and the accused to appear. (2) Before reading out the charge to the accused the court shall attempt to reconcile the parties. Where a reconciliation is effected, it shall be recorded by the court and shall have the effect of a judgment.
Where a reconciliation has not been effected, the court shall decide whether the private prosecutor should give security for costs. Where an order for security is made, the sum to be secured and the nature of the security shall be stated in the order.
(I) Where the private prosecutor has complied with the order, if any, under Art. 152, the case shall proceed in accordance with Art. 123149, the parties having the same rights and duties as in public proceedings. (2) The court shall give judgment as in ordinary cases.
(I) Where a person has been injuted by a criminal offence, he or his re- presentative may at the opening of the hearing apply to the court trying the case for an order that compensation be awarded for the injury caused. The application shall be in writing and shall specify the nature and amount of the compensation sought. He shall not on filing his application pay tht" 56 CRIMINAL PROCEDURE CODE prescribed court fees as though it were a civil case. (2) The person making the application shall be shown the list of the witnesses to be called by the prosecution and defence and shall be asked whether he wishes additional witnesses to be called. Where he wishes additional witnesses. to be called, he shall be required 'to' pay the prescribed fees for the issue of witness summonses as though it were a civil case. (3) The provisions of this chapter shall apply to public and private prosecutions. (4) Where the person making the application acts in the capacity of private prosecutor, he shall specify which witnesses he calls in support of the prosecution and which he calls in support of his civil claim. The provisions of sub-art. (I) and (2) shall apply. Art. .155. - Applicalion dismissed. (I) The court shall consider the application and shall of its own motion or on the request of the prosecution or the defence refuse the application where: (a) a young person is the accused: or (b) the accused is being tried in his absence: or (c) the injured party has instituted proceedings in a civil court having jurisdiction; or (d) the person making the application is not qualified for suing; or (e) the claim for compensation cannot be determined without calling numerous witnesses in addition to those to be called by the prosecution and defence; or (0 the court is of opinion that the hearing of the injured party's claim for compensation is likely to confuse, complicate or delay the hearing of the criminal case. (2) The application shall be dismissed where the amount of compensation claimed exceeds the pecuniary jurisdiction of the court. (3) Where the court dismisses the application its decision shall be final and no appeal shall lie against it. The injured party shall be informed by the court that he may file a claim against the accused in a civil court.
(1) Where the application is allowed the injured party shall be entitled to take part in the proceedings and shall have with regard to evidence all the rights of an ordinary party. (2) The court shall at the close of the case for the defence permit the injured
An injured party may at any time before the close of the case for the defence
Where the accused is acquitted or discharged, the court shall not adjudicate on the question of compenSation and shall inform the injured party that he may file a claim agl:l,instthe accused in the civil court having jurisdiction.
(I) The court when awarding compensation to an injured party 'ihall order that: (a) the amount of compensation so awarded be paid to the injured party or his representative: and... (b) costs as provided for civil cases be paid to the injured party or his re- presentative; and (c) the accused pay the court fees as if it were a civil case. (2) Judgment shall be given as in an ordinary case.
(I) The provisions of this Chapter shall apply where the accused fails to appear whether the prosecution is public or private but shall not apply to young offenders. (2) Where the accused does not appear on the date fixed for the trial and no representative appears satisfactorily to explain his absence, the court shall issue a warrant for his arrest. (3) Where the warrant cannot be executed, the court shall consider trying the accused in his absence. Where an order to this effect is made the provisions of the following articles shall apply.
(l) Where the accused fails without good cause to appear on the day fixed for the hearing, the court shall record his absence and may direct that he be tried in his absence in accordance with the provisions of this Section. 58 CRIMINAL PROCEDURE CODI:: (2) No accused person may be tried in his absence under the provisions of this Section unless he is charged with: (a) an offence punishable with rigorous imprisonment for not less than twelve years; or (b) an offence under Art. 354365 Penal Code punishable with rigorous imprisonment or fine exceeding five thousand dollars.
Where the court decides to hear the case in the absence of the accused it shall order the publication of the summons which shall show the date fixed for the hearing. It shall contain a notific~tion to the accused that he will be tried in his absence ifhe fails to appear.
(I) Where the accused fails to appear after publication of the summons in accordance with Art. 162 the case shall continue as in ordinary cases. (2) The prosecution witnesses shall then be heard and the public prosecutor shall make his final submission. (3) The court shall give judgment as in ordinary cases.
An application to set aside the judgment may be made on the conditions laid down in Art. 197202.
(I) Where the pllvate prosecutor fails without good cause to appear on the the date fixed for the hearing, the court shall strike out the case and order the discharge of the accused. (2) Where a case has been struck out under sub-art. (I). the private prosecutor may, within fifteen days of such striking out, apply to the court to have a a fresh hearing date fixed. No application shall be granted unless the pnvate prosecutor satisfies the court that his failure to attend on the day of the hearing was due to causes beyond his control. (3) Where no application is made within fifteen days or it is dismissed. the striking out shall be final with regard to the private prosecutor.
Where the accused is absent, the provisions of Art. 162 and 163 shall not apply and a bench warrant shall be issued.
168. - Accusi>dmay plead guilty in writing to petty oflencC'. 169. - Proceedi!Jgsand judgment. 170. - PrOl'edure where accused (/ppears before the court charged with petty offence. OIapter 3. - PROCEDURE IN CASES CONCERNING YOUNG PERSONS fiO Art. 17!. - Principle. 172.- Institutionof proceedings. 173.- Summoning of young person's guardian. 174. - Young person may be assisted by counsel. 175. - Removal of young personfrom chambers. 176. - Hearing. 177. - Judgment. 178. - Orders which may be made against parents and gu(/rdian,f. 179. - Cost of upkeep of young person in certain circumstances. 180. - Variation or modification of order made in respect of young pC'rson.
The accused may return the summons to the court endorsing thereon that he pleads guilty to such offence. Such endorsement shall be dated and signed by the accused. In such a case and without prejudice to the provisions of Art. 169 (3), he shall be dispensed with the necessity of appearing in court in answer to the summons.
(I) On receipt of the summons so endorsed, the court shall record the plea of guilty and, having ascertained the facts of the case from the prosecutor, shall sentence the accused and send him a copy of the judgment. (2) Where the court proposes to impose a fine only, it shall do so forth with. (3) Where the court intends to impose a sentence of arrest, compulsory labour, a warning or reproof, it shall summon the accused to appear and shall give the accused an opportunity to defend himself before sentence is passed.
offence (I) Where the accused does not endorse on the summons that he pleads guilty, he shall appear on the day and ~t the time fixed for the hearing. (2) The prosecutor and the accused shall take such steps as are necessary -to secure the attendance of their witnesses, if any. (3) The procedure shall be oral. The court shall only record the salient part of the evidence of each witness. It shall give judgment orally recording briefly the reasons for its judgment and mentioning the provisions of the law under which judgment is given; (4) Where the accused fails without good cause to appear in private proceedings the court shall give judgment forthwith. 60 CRIMINAL PROCEDURE COO!::
Criminal cases concerning young persons shall be tried in accordance with the provisions of this Chapter.
(I) In any case where a young person is involved. he shall be taken immediately before the nearest Woreda Court by the police. the public prosecutor. the parent or guardian or the complainant. (2) The court shall ask the person bringing the young person to state the particulars and the witnesses. if any, of the alleged offence or to make a formal complaint, where appropriate. and such statement or complaint shall be recorded. The court may give the police instructions as to the manner in which investigations should be made. (3) Where the accusation relates to an 'offence punishable with rigorous imprisonment exceeding ten years or with death (Art. 173 Penal Codel the court shall direct the public prosecutor to frame a charge. (4) Where the case requires to be adjourned or to be transferred to a superior court for trial. the young person shall be handed over to the care of his parents, guardian or relative and in default of any such person to a reliable person who shall be responsible for ensuring his attendance at the trial. The witnesses shall be bound over to appear at the trial.
Where the young person is brought before the court and his parent, guardian or other person in loco parentis is not present. the court shall immediately inquire whether such person exists and shall SUmmon such person to appear without delay.
The court shall appoint an advocate to assist the young person where: (al no parent. !:tuardian or other person in loco parentis appears to represent the young person, or (b) the young person is charged with an offence punishable with rigorous imprisonment exceeding ten years or with death.
Where any evidence or comments are to be given or made which it is un- desirable that the young person should hear, he shall be removed from the chambers while such evidence or comments are being given or made.
(I) Where the young person is brought before the court all the proceedinp shall be held in chambers. Nobody shall be present at any hearing except. witnesses, experts, the parent or guardian or representatives of welfare organisations. The public prosecutor shall be present at any hearing in the High Court. . (2) All proceedings shall be conducted in an informal manner. (3) The accusation or complaint under Art. 172 (2) or the charge under Art. 172(3) shall be read out to the young person and he shall be asked what"', has to say in answer to such accusation or charge. (4) If it is clear to the court from what the accused says that he fully under- stands and admits the accusation or charge, the court shall record what the young person has said and may convict him immediately. (5) If it is clear to the court from what the accused says that he fully under- stands and does not admit the accusation or charge, the court shall inquire as to what witnesses should be called to support such accusation or charse- The young person, his representative or advocate may cause any witnesses to be summoned. . (6) All witnesses shall be examined by the court and may thereupon be (:ross- examine<I by the defence. All depositions shall be recorded. (7) When the evidence is concluded, the defence may sum up and there-after the court shall give judgment.
(I) The judgment shall specify the provisions of the law on which it is based. Where the young person is found not guilty, he shall be acquitted and set free forthwith. Where he is found guilty, the court shall impose the appro- priate measure or penalty under Art. 162 et seq. Penal Code. (2) The court may call before it any person or representative of any inslitution with a view to obtaining information concerning the character and ante- cedents of the young person so as to arrive at a decision which is in thebe$t interest of the young person. . , (3) After these person's have been heard, the defence may reply an~ call his witnesses as to character, who shall be interrogated by the court and thereupon the defence shall address the court as to sentence. . (4) Judgment shall be given as in ordinary cases. The court shall explain its decision to the young person and warn him against further misconduct.
Where it thinks fit the court may warn, admonish or blame the parents or other person legally responsible for the young person where it appears that they have failed to carry out their duties. 62 CRIMINAL PROCEDURE CODE
( I) The parents or other person legally responsible for the care of a young person may be ordered to bear all or part of the cost of his upkeep and training where owing to their failure to exercise proper care and guardian- ship the court has ordered the young person to be sent to the care of another person or to a corrective or curative institution. (2) The scope and duration of such obligation shall be specified in the judg- ment.
Any court which has sentenced a young person to a measure may at any time of its own motion or on the application of the young person, his legal representative or the person or institution to which he was entrusted, vary or modify such order if the interest of the young person so requires.
182. - Courts having appellatejur~diction. 183. - Application to His Imperial Majesty's Chilot. 184. - No interlocutory appeals. 185. - Appeal against conviction and sentence. 186. - Appeal where injured par~v claims compensation. 187.- Notice of appeal and memorandum of appeal. 188. - Stay of execution. 189. -Contents of memorandum of appeal. 190. - Record and exhibits to be/orwarded to court of appeal. 191. - Applicatian/or leave to appeal outo/time. 192. - Hearing. 193.- Absence of a party to the appeal. 194. - Additional evidmce. 195. - Powers of court of appeal. 196. -Where one appeal in case concerning several convkted persons.
(I) An appeal shall lie from the decision of: (a) a Woreda Court to the Awradja Court in whose area of jurisdiction such Woreda Court lies;. (b) an Awradja Court to the High Court; (c) the High Court to the Supreme Imperial Court. (2) A second appeal shall lie from a decision of: (a) the Awradja Court in its appellate jurisdiction to the High Court: (b) the High Court in its appellate jurisdiction to the Supreme Imperial Court.
(I) Nothing in Art. 182 shall prevent an appellant who has exhausted his , rights of appeal under Art. 182 from applying to His Imperial Majesty's Chi lot for a review of the case. (2) The application to His Imperial Majesty's Chi lot shall be accompanied by: (a) a copy of the judgment or judgments with which the applicant is dissatisfied; and (b) a reasoned memorandum setting forth clearly and concisely the reasons on which the applicant bases his request for a review.
No interlocutory appeal shall lie from a decision of the court: (a) granting or refusing an adjournment under Art. 94; or (0) regarding an objection under Art. 131; or 64 CRIMINAL PROCEDURE CODE (c) regarding the admissibility or non-admissibility of evidence under Art. 146, but any such decision may form the subject of a ground of appeal where an appeal is lodged against conviction, discharge or acquittal.
(1) A convicted person may appeal against his conviction and sentence; Provided that no appeal may be lodged by a convicted person who has pleaded guilty and has been convicted on such plea except as to the extent or the legality of the sentence. (2) The public prosecutor may appeal against a judgment of acquittal, discharge 'or on the ground of inadequacy of sentence. (3) Where a prosecution is conducted by a private prosecutor the private prosecutor may appeal in the same manner as is provided in sub-article (2). (4) An appeal by a young person or by an incapable person shall be through his legal representative. ~
(I) Where the court refuses to grant compensation under Art. 100 Penal Code the injured party may appeal against such decision. (2) Where the court grants compensation the accused may appea1 against such decision. (3) An appeal shall lie against the amount of compensation awarded in accordance with the provisions of Art. 2153 Civil Code. (4) An appeal under this Article shall be heard by the criminal court of appeal where there is an appeal against conviction or sentence. but shall be heard by the civil court of appeal where there is no appeal against conviction or sentence or such appeal is withdrawn.
(1) Notice of appeal against a judgment shall be given by the appellant or his advocate within fifteen days of the delivery of the judgment appealed against. On receipt of such notice of appeal, the registrar shall cause the judgment appealed against to be copied and handed to the appellant or hIs advocate and where the appellant is in custody the copy shall be sent to the superintendent of the prison in which he is confined for service on the appellant. Such copy shall be dated when completed and the date on which it is h'anded to the appellant or his advocate or is sent to the superintendent of the prison shall be certified by the registrar. (2) The memorandum of appeal under Art. 189 shall be filed within thirty days of the receipt of the copy of the decision appealed against. The notice and memorandum of appeal shall be filed in the registry of the court which gave the judgment appealed against.
(I) Where a convicted person has given notice of appeal no sentence of flogging shall be carried out until the appeal has been heard or abandoned by ~~I" appellant. (2) Where an accused person is released on bail pending the hearing of his appeal the sentence of imprisonment shall not commence until the court of appeal delivers its judgment. . (3) Any measures which have been ordered by the court against whose judg- ment an appeal has been filed shall be carried out notwithstanding an appeal. (4) There, shall be no stay of execution in respect of the payment of compensa- tion or costs. (5) An application for stay of execution may be made to the court of appeal at any time before the appeal is heard or at the hearing of the appeal.
(I) The memorandum of appeal shall set forth concisely and under distinct heads the grounds of objection to the judgment appealed against without any arguments and such grounds shall be numbered consecutively. The memorandum shall be accompanied by a copy of the judgment appealed against. The memorandum of appeal shall state the nature of the relief that is sought. (2) The memorandum of appeal shall be signed by the appellant and his advocate, if any.
(1) On receipt of the memorandum of appeal the court against whose judgment an appeal has been filed shall prepare without delay within fifteen days a copy of the record and forward it together with the appeal record (if any), the notice and the memorandum of appeal and all exhibits to the court of appeal. (2) The court of appeal may dispense with the making of a copy of the record where the 'making of such copy may delay unduly the hearing of the appeal and the Court may order the original file to be produced. 66 CRIMINAL PROCEDURE CODE
(1) Where notIce of appeal or a memorandum of appeal is filed out of time, the court against whose judgment the appeal is filed shall refuse to accept such notice or memorandum and shall require the person submitting such notice or memorandum to apply in writing to the court of appeal for leave to appeal out of time. (2) The application shall state clearly the reasons why the appeal should be heard out of time and the reasons which occasioned the delay. (3) The court of appeal shall not give leave to appeal out of time unless it is satisfied that the delay was not occasioned by the default of the applicant. (4) Where leave to appeal out of time is given the court of appeal shall fix the date by which the memorandum of appeal is to be filed.
The president: of the court of appeal shall fix a day on which the apPeal will be heard and the parties to the appeal shall be notified. The appellant shall open the appeal, the respondent shall reply and the appellant shall be entitled to reply.
(I) Wftere tlie appellant or his advocate is not present on the d-ayfixed for the appeal and he has been notified of the hearing date. the appeal shall be struck out: Provided that the appeal may be restored to the list where the appellant or his advocate can show that he was not present oWing '0 circumstances beyond his control. (2) Where the respondent or his advocate .is not present the appeal shall proceed in his absenee.
(I) In dealing with an appeal the court of appeal, if it thinks additional evidence is.necessary, shall record its reasons and may take such evidence itself. (2) Evidence taken in pursuance of sub-art. (I) shall be taken as if it were evidence taken at the trial in the court of first instance. 4.rt. 195. - Powers of court of appeal. (I} At the hearin.g of an appeal the court of appeal shall dismiss the appeal where there is no sufficient ground for interference. (2) Where it considers that there is sufficient ground for interference, the court of appeal may: (a) on an appeal from an order of acquittal or discharge reverse such order and direct that the accused be retried by a Court of competent jurisdic.
198. - Time andform of applicatian. 199. - Grounds/or granting application. 200. - Actian uponf1ling 0/ application. 201. - Hearing. 202. - Judgment.
An application under this Title shall be made within thirty days from the date on which the applicant became aware of the judgment given in his absence and shall contain the reasons on which he bases his application.
No application under this Title shall be granted unless the applicant can show: (a) that he has not received a summons to appear; or (b) that he was prevented by force majeure from appearing in person or by advocate. 68 CRIMINAL PROCEDURE CODE
(I) 'On the filing of the application, a copy thereof shall be sent to the public prosecutor and the applicant and the public prosecutor shall be informed . of the hearing date. (2) Where the applicant, having been duly summoned, fails to appear on the hearing date. the application shall be dismissed.
(I) The applicant or his advocate shall speak in support of the application and the public prosecutor shalr~ply. The applicant shall have the right to reply. (2) The court shall then give its decision on the application.
(I) Where the application is allowed under Art. 199, the court shall order a retrial and the public prosecutor shall file the charge in a court having jurisdiction. (2) Where the application is dismissed, the court shall make such consequential orders as the circumstances of the case require. (3) No appeal shall lie against a decision dismissing the application but . nothing shall prevent the applicant from appealing against sentence only within fIfteen days of the dismissal of the application.
204. - Warrant in respect of person sentenced to death. 205. - Warrant in respect of person sentenced to loss of liberty. 206. - Execution may be postponed in certain cases. 207. - Warrant in respect of person sentenced toflogging. 208. - Warrant in respect of irresponsible persons. 209. - Recovery offines. 210. - Payment of costs and compensation. 211. - Confiscation of property 212. - Sequestration of property. 213. - Orders in respect of young persons. 214. - Compulsory labour, secondary penaltips and measures. 21~. - Recording of orders for execution.
(I) Where any person is sentenced to death, the presiding judge shaD by warrant under his hand in the form prescribed in the Third Schedule to this Code order such person to be detained until the pleasure fI His Imperial Majesty shall be made known. (2) Where the sentence is confirmed. it shall be carried out in accordance with the conditions laid down in the order of confirmation. (3) Where the sentence is commuted. the order' of commutation shall be sufficient authority for carrying into effect the terms of such order.
(I) Where any person is sentenced to arrest, imprisonment or internment, the presiding judge shall by warrant under his hand in the form prescribed in the Third Scheduleto this Code order the sentence to be carried out. (2) Such warrant shall be sufficient authority for the otlker in charge of the prison and all other persons to carry out the sentence described in the warrant.
Where a person who has been sentenced to arrest or simple imprisonment not exceeding one year is: (a) a pregnant woman; or (b) the sole support of his family, and such person is not likely to be a danger to public security, the court may postpone the execution of the sentence for a period not exceeding six months on production of guarantors for his good behaviour. 70 CRIMINAL PROCEDURE CODE
Where any person is sentenced to be flogged for an offence under Art. 635 (3) or 637 (I) Penal Code, the presiding judge shall by warrant under his hand in the sixteenth fQrDlprescribed by the Third Schedule to this Code order that the sentence be carried out in accordance with Art. 120A Penal Code by such person and at such place as shall be specified in the warrant.
Where any person is found to be not fully responsible for his acts and the court decides that he ~ confined or treated in accordance with the provisions of Art. 134 or 135 Penal Code, the presiding judge shall by warrant under his hand in the fifteenth form prescribed in the Third Schedule to this code order that the accused be remanded to a suitable institution for confinement or treatment.
(I) Fines shall! be recovered on the order of the court by the execution officer in accordance with the provisions of Art. 91,171, (I), 703.and 710 Penal Code. (2) Where a fine or any part thereof has not been recovered, the execution officer shall refer the matter to the court and thereupon the court shall make the appropriate orders for execution or for the fine to be converted il1to labour, arrest or simple imprisonment in accordance with the provisions of Art. 92, 94, 96, 171 (2) and 709 Penal Code. (3) Where a person has been sentenced in his absence to pay a fine, the provi- sions of sub-art. (I) shall not apply and the court shall forthwith order that execution be levied on the convicted person's property.
0/ costs and compensation. Where a judgment given by a criminal court contains provisions for the pay- ment of legal costs or compensation, such part of the judgment as contains such provisions shall be executed in the same manner as a civil judgment.
(I) Where an order for confiscation of property has been made under Art. 272 Penal Code, the court shall make an order requiring the execution officer to seize such property as is seizable under the provisions of Art. 97 Penal Code and shall specify in such order the property to be seized. (2) On seizing such property, the execution offiCer shall hold it un~l he receives an order fromithe competent authority requiring him to.hand over such property to a person'or persons named iii' such order and on so handing
(I) Where a person is sentenced in his absence to h;;ivehis property sequestrated for an offence as defined in Art. 272 Penal Code, the court shall make an order: (a) requiring the execution officer to attach such property as may be attached under Art. 98 Penal Code and shall specify in such order the property to be attached; and (b) appointing a trustee to manage the property and on such appointment the execution officer shall hand over the property to such trustee against a detailed receipt. (2) The execution officer shall be responsible for ensuring that none of the property mentioned in Art. 97 (3) Penal Code be attached. The family of the convicted person may apply to the trustee for the release of any property wrongly attached. (3) An order of attachment made under sub-art. (I) shall remain in force until an application for its removal is made to the court by th~ competent autho- rity and thereupon the court shall order the attachment to be removed and the trustee discharged on submitting proper accounts.
(I) Where an order is made in respect of a young person under Art. 162, 165, 166, 173 or 703 Penal Code, the. presiding judge shall sign and send an order to the responsible official, headmaster, director or officer in charge, as the case may be, and such order shall be sufficient authority to deal with young person on the conditions laid down in tb~ drder. (2) Where an order is made in respect of a young person under Art. 163 Penal Code, the presiding judge shall sign and send an order to one of the persons mentioned in Art. 163 Penal Code and such order shall be sufficient authority to deal with the young person on the conditions laid down in the order. (3) Where a young person is sentenced to caning under Art. 172 Penal Code, the presiding judge shall cause the young person to be medically examined as to his fitness to undergo corporal punishment and, where he has been found fit, he shall cause the caning to be carried out in a private place by a family elder or such other suitable person as the presiding judge shall appoint, in the presence of himself, the person who has examined the young person and the young person's parents, relatives or guardian, if any. 72 CRIMINAL PROCEDURE CODE
Where an order is made under Art. 102, 103, 122, 144, 146, 147, 149-154. 158-160,178, 179,715,716, or 718-720 Penal Code, the court shall cause a copy of the operative part of the j1Jdgment to be served on the appropriate authorities and require them to carry the order into effect.
0/ orders/or execution. The court shall record any order it may have made with a view to the sentence being executed. A note shall be made of the day on which such order was executed and, where appropriate, of the reasons why such order could not be executed. Oapter 1. - Vanation of Orden Contained In Sentences
(I) Where any order as defined in sub-art. (2) requires to be made, such order shall be made by the court having passed the sentence- in relation to which such order is to be made. (2) The provisions of sub-art. (I) shall apply in cases of: (a) enforcement of internment (Art. 132 Penal Code); and (b) revision of orders made in respect of offenders not fully responsible (Art. 136 and 137 Penal Code); and (c) extension of detention (Art. 140 (2) Penal Code); and (d) revocation of probation or variation of rules of conduct (Art. 198 202 (3) and 204 Penal Code); and (e) conditional release (Art. 131,207,209 - 212 Penal Code); and (0 orders under Art. 124 (2) and 156 Penal Code. (3) Orders made in respect of young persons may be varied in accordance with the provisions of Art. 180 ofthis Code.
( I) The court shall not make an order under this Chapter unless an application to this effect is made by the convicted person or his legal representative. the public prosecutor or any person or authority charged with executing or supervising the execution of the sentence. (2) Prior to making its decision, the court shall summon the person in respect of whom the order is to be made and such other person as is likely to give information to assist the court. The court may, where appropriate, order such inquiries to be made as appear necessary. (3) The court shall make its decision after having heard all the persons sum- moned and obtained the required information. Where the person in respect
(1) Where a convicted person or his legal representative is of opinion that the requirements of Art. 243 and 244 Penal Code are satisfied, he may apply for reinstatement to the court having pasSed the sentence the cancellation of which is sought. (2) The application shall be in writing and shall give reasons. It shall. be ac- companied by such documents as are necessary to enable the court to ascertain .whether the.conditions laid down, in Art. 243 and 244 Penal Code are fulfilled.
(I) The application shall be decided on by the court sitting in chambers. Prior to making its decision, the court may order such inquiries- to be made or (urther documents to be produced as it thinks fit. . (2) Where the application is allowed, the provisions of Art. 245 Penal, Code shall apply an'd the court shall order the entry of the sentC?ncewhich it has cancelled to be deleted from the reinstated person's police record. (3) Where the application is dismissed, the provisions of Art. 246 Penal Code shall apply. (4) Any decision under this Article shall be in writing and shall give reasons. The decision shall be read out in open court, and shall be published ina newspaper. (5) No appeal shall lie from any decision of any court under this Article. 74 CRIMINAL PROCEDURE CODE
(I) AIl the costs of public prosecutions, including appeals, shaIl be borne by the government. (2) Where exceptional costs have been incurred by the prosecution for a reason attributable to the convicted person and he is a person of property, the court may, in addition to any other lawful punishment, order him to pay the whole or any of the costs incurred by the prosecution as taxed by the registrar of the court. (3) Where a public prosecution has been instituted in respect of an offence. punishable on complaint and the injured party withdraws his complaint (Art. 221 Penal Code), he shaIl be liable for all the costs of the prosecution.
(I) The costs of a private pros~ution shaIl be borne by the private prosecutor in accordance with Art. 46 (2) Where in a private prosecution the accused is acquitted and the court is of opinion that the charge was not made in good faith, it may order the private prosecutor to pay the whole or any part of the costs incurred by the accused. (3) Where a private prosecution is stayed as provided in Art. 48, all the costs of the private prosecution shaIl be borne by the government.
(I) Where the injured party claims compensation in a criminal case, he shaIl pay: (a) the court fees on the sum claimed as though it were a civil case; and (b) the costs of summoning witnesses and calling experts. (2) Where the injured party succeeds in his claim, the court shaIl order the accused to pay the court fees and costs mentioned in sub-art. (I).
224. - Appeal. First Schedule: Places of Trial 77 Second Schedule: Forms of Charges 89 Third Schedule: Forms 95 Preliminary Title Art. 1 - Scope of application. (I) Unless otherwise expressly provided, the provisions of this Code shall apply to all persons alike. (2) Unless otherwise expressly provided, the provisions of this Code shall apply to all matters coming within the jurisdiction of the courts, the prosecution and police authorities. Art. 2 - Application as to time. ( I) The provisions of this Code shall apply from the day of its coming into force to all cases pending on such day and occuring thereafter. (2) Any case pending on the coming into force of this Code shall be completed by the court having: jurisdiction Linder the law repealed by this C,'de: Provided that where any case is pending before a court not mentioned in this Code, such case shall be completed by the court having jurisdiction under this Code. Art. 3 - Interpretation In this Code the following expressions shall have the following meanings: 'Advocate General" shall mean the Advocate General appointed under the provisions of the Public Prosecutors Proclamation No. 123 of 1952 and shall include the Attorney General in whatsoever law mentioned; "court" shall mean a court established by law; "Deputy Advocate General" shall mean the Deputy Advocate General ap- pointed under the provisions of the Public Prosecutors Proclamation No. 123 of 1952; "law" shall include proclamations, decrees, orders and any subsidiary legisla- tion made thereunder; "Minister" shall mean the Minister of Justice; "prescribed" shall mean prescribed by this Code or by regulations made there- under; "public prosecutor" shall mean a public prosecutor appointed under the pro- visions of the Public Prosecutors Proclamation No. 123 of 1952; "registrar" shall include the deputy registrar, an assistant registrar and a clerk of the court; "young person" shall mean a person between the ages of nine and fifteen. 20 CRIMINAL PROCEDURE CODE
An appeal shall lie from the decision of an atbia dagnia given in accordance with Art. 223 to the Woreda court exercising jurisdiction in such locality. FIRST SCHEDULE First Schedule Article Pellal Code OFFENCE COllr, Outrages against the Emperor or the Imperial Family Outrages against the Dynasty "" Outrages against constitution or constitutional autho- rities .... .... .... .... .... .... .... Obstruction of exercise of constitutional powers Armedrisingandcivilwar ... "" .... Attacks on integrity of the State """ .... Material preparation of subversiveacts "" Violation of territorial or political sovereignty. .... Injury to the Emperor or the constitutional authorities Insults to national emblems . "" Unlawful use of official emblems. .... Attacks on the independence of the State ... .... Impairment of the defensive power of the State. .... High treason Diplomatictreason "" .... Economic treason .... .... .... .... .... .. .. .. .. Collaboration .... Espionage "" .... Indirect aid and encouragement.. "" .... Attempted participation Provocation and preparation "" .... Aggravations to the offence. "" .... Hostile acts against a foreign State "" "" .... Outrages against foreign heads of State "" "" Violation of foreign sovereignty.. "" "" Insults to foreign States . "" "" Insults to official emblems of foreign States Insults to inter~state institutions... "" "" Genocide. Crimes against humanity.. .... High Court High Court High Court High Court High Court Hi~h Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court War crimes against civilian population "" o... 'o.. High Court War crimes against wounded, sick or shipwrecked persons High Court War crimes against prisoners and interned persons.. High Court Pillage, piracy and looting 'o.. o... High Court Provocation and preparation o... d'" "" High Court Dereliction of duty towalTds the enemy' ... Hi~h Court Use of illegal means of combat "" High Court Breach of armistice or peace treaty "" High Court Franc tireurs "" High Court Maltreatment of wounded, sick or prisoners High Court Denial of justice '''' '''''''' High Court Hostile acts against international humanitarian orga- nisations .. .. .. .. .. .. .. .. . .. . .. .. .. .. .. .. .. .. Abuse of international emblems and insignia "" ,Hostile acts against bearer of flag of truce .. "" 331 Military offences committed by members of Armed Forces o.""""""""..o Military Courts 78 CRIMINAL PROCEDURE CODE Offences of a military nature committed by members of Police Forces: 300 Desertion: ordinary case (Sub-art. (I) aggravated case (Sub-art. (2) .. "" .... 30 I Absence withoutIeave ... "" "" "" 304 Abuse of authority.. "" .... 305 Threats ................................ 306 Infringement of regulations ... '''' "" '''' 307 Inaccurate statements... "" "" .... 308 Drunk on duty "" "" "" .... 309 Want of discipline... "" .... 310 Threats against superior: ordinary case (Sub-art. (1) ) aggravated case (Sub-art. (2)) .... 311 Insubordination: ordinary case (S\1b-art. (I) ) "" aggravated case (Sub-art. (2) ) .. ..., .... 312 Mutiny o... "" .... 313 Conspiracy to raise mutiny '" "o. '''' .... 314 Attempted participation '''' '''' .... 316 Breaches of guard duty: ordinary case (Sub-art. (I) ) "" "" o... High Court High Court High Court Awradja Court High Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Awradja Court Woreda Court High Court High Court High Court High Court Worecia Court FIRST SCHEDULE aggravated case (Sub-art. (2), first paragraph) 318 Disclosure or alteration of instructions: ordinary case (Sub-art. (I) ) .... aggravated case (Sub-art. (3» ............ 319 Misuse of material: ordinary case (Sub-art. (I)) aggravated case (Sub-art. (2» ............ )20 Malversation: ordinary case (Sub-art. (I) ) .... aggravated case (Sub-art. (2) ) ... 321 Failure to report danger .... 322 Failure to take security measures .... Compelling breach of duty... .... Attack on member of Armed Forces on active duty... Aggravated offences under Art. 332 and 333 "" "'-' Breach of legal or contractual obligations... Sabotage .... Traffic in military material .... Manufacture and tr~ffic in military uniforms and decora- tions .... .... .. .. .... .. .. .. .. .. .. .... .'" Unauthorised wearing of military uniforms and decora- rations "" .... Disregard of military measures '''' .... Incitement to disregard military measures... .... Disregard of prohibitions protecting military zones ... Falsification or suppression of orders or instructions Failure to report crimes against Armed Forces.. "" Disclosure of military secrets .... False or tendentious information .... State of emergency: Aggravated puni3hment .... Charges brought under special legislation .. .... Penalties; kind and exteRt "" "" J64 Illicit traffic in gold, coins, currencies, etc... .... Illicit traffic in precious metals and minerals .... Dealings endangering the credit of the State Unlawful refusal to pay public taxes or dues Incitement to refusal to pay taxes.. .... Endangeriug sources Ofrevenue .. Contraband .... Offences against national economy and State monopolies Aggravation to the offence ... "" .... Awradja Court Woreda Court High Court Woreda Court High Court Awradja Court High Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court High Court High Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Awradja Court Awradja Court High Court Awradja Court High Court Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court CRIMINAL PROCEDURE CODE Making of counterfeit currency... ... ... ... ... ... Forging currency... .... Debasingcurrency .... Uttering counterfeit currency '''' .... Importation, acquisition, etc. of counterfeit currency.. Falsification of seals of the Emperor or of the State ... Falsification of other public seals Falsification of official marks .... Falsification of official stamps of value .... Falsification of weights and measures .... Importation, acquistion, etc. of false seals, stamps, etc. Counterfeiting without intent to defraud... .... Endangering currency, securities, bonds, seals, etc. Machinery and means of falsification.. .... .. .. .. .. Material forgery of instruments ... .... Intangible forgery of instruments . .... Specifiedcases .... Use of forged instruments ..,. .... Forgery of public or military documents .... Suppression of instruments... '''10 (I) Suppression of public or military documents (2) Suppression by public servant ............ Falsification or suppression of commercial instruments or negotiable securities .... :$03 Falsification of and use of false public transport tickets Forged certificates .... Fraudulent procurement offalse official certification. False medical certificates .... False declaration or entries by landlords or employers Instruments and means offalsification .... Falsification and adulteration of goods .... Uttering .... Importation, acquisition aM storing... .... Aggravation and collateral penalties ... .... Breachesof military secrecy. .... Breachesof officialsecrecy... .. .. .... .... .... .... High Court High Court High Court High Court High Court High Court High Court Awradja Court Awradja Court Awradja Court Awradja Court Woreda Court Woreda Court Woreda Court Awradja Court Awradja Court AwradjaCourt Awradja Court High Court Awradja Court Awradja Court Awradja Court Awradja Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Co~rt High Court Awradja Court FIRST SCHEDULE 4.l4 Breachesof professional secrecy... .... Disclosure of scientific, industrial or trade secrets.... Breach of official duties .... Disorganisation of service by striking. .... Abuse of power .... Abuse of the right of search or seizure. .... Unlawful arrest or detention. ,"" .... Use of improper methods .... Unlawful release and aiding to escape. .... Release of prisoners of war, of military detainees and aiding to escape, .... Maladministration.. .. .... .... .. .. "" .. .. Unlawful disposal of objects in charge. .... Appropriation and misappropriation in the discharge of duties ................................ Acceptance of undue advantages. .... Traffic in officialinfluence... .... Corrupt practices .... .... Extortion .... Contempt of official notices and proclamations.. .... Infraction of the rules concerning compulsory registra- tion .. ,.., .. .. .... .'" .. .. .. .. .. .. .... Breachof prohibition to publish officialdebates or documents .... Arbitrary action .... Usurpation of powers ... ...I.~ .... Breakingof sealsand misappropriation of objects.... Resistingauthority .... Violenceand coercion.. .... Traffic in private influence.. .... Solicitingof corrupt practices .... Failllreto inform the law .... Harbouring and aiding. .... Misleadingjustice. .... False denunciation or accusation. .... Refusal to aid justice .... Contempt of court ',"" .... Awradja Court Awradja Court W oreda COUl1 Woreda Court Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court High Court Awradja Court Awradja Court AwradjaCourt Awradja Court Awradja Court Awradja Court High Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court AwradjaCourt Awradja Court Any Court 82 CRIMINAL PROCEDURE CODE Breachof secrecyof proceedings . .... Publication of inaccurate or forbidden reports of pro- ceedings .... Falsestatementsby a party. .... False testimony, opinion or translation .','. .... Provocation and suborning. ,I.,," Misrepresentation in proceedings .... Tendentious publications intended to pervert the course of justice .... Betrayal of interests .... Non-ohservance of secondarypenalties and preventive measures .... Obstruction of execution of sentence . .... Escape of prisoner .... Procuring of and aiding to escape Mutiny of prisoners .... Breaking of bounds .... Disturbance and prevention of electoral meetings and proceedings .... Interference with the exercise of the right of election. Corrupt electoral practices ... .... Unfair practices .... Fraudulent registration . Fraudulent elections .... 46\ 461\ Breach of secrecy of the ballot .... Removal or destruction of ballot papersor boxes .... Dangerousvagrancy .... Conspiracy .... Harbouring and comforting evil-doers .". .... Public provocation to or defenceof a crime Prohibited traffic in arms .... Forbidden societiesand meetings .... Secretsocietiesand armed bands. .... Forbidden assemblies .. .... Alarmingthepublic .... False rumours and incitement to breaches of the peace Seditious demonstrations .... Rioting .... A wradja COUI [ A wradja Court A wradja Court High Court High Court A wradja Court High Court High Court W oreda Court W oreda Court W oreda Court Awradja Court Awradja Court W oreda Court Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court W oreda Court Any Court Woreda Court W oreda Court Woreda Court Awradja Court Awradja Court Awradja Court Woreda Court Woreda Court Awradja Court Awradja COllrt FIRST SCHEDULE Disturbances of meetings or assemblies .... Disturbances resultin!! from acts committed in a state of culpable irresponsibilit~ """"""'''''''' Outrage on religious peace and feeling. .... Outra~ on the repose and dignity of the dead.. .... Arson ,.., Provocation of natural disaster.. .... Damage to installations or protective works Explosions .... Offences resulting from negligence .... Danger caused by the use of explosive, inflammable or poisonous supstances .... Illicit maKmg, acquisition, concealment or transport. Culpable: infringement of building rules .... Removal or culpable omission of protective apparatus or devices. ... .. .. .... """ .., .. .. , ... .. .. .. .. Culpable failure to give warning of grave public danger Damage to services and installations of public interest Grave endangering or sabotage of communications or transport '''' .... Misuseof signalsand alarms '''' .... Irregular consignment of dangerous goods by public transport.. .. .. .. .'" .. .. ..., .. .. ,.., ,.. . .. .. Spreading of human diseases .... Spreading of epizootic diseases .... Propagation of an agricultural or forest parasite Contamination of water ..., ..., .... Contamination of pastureland .... Culpable infringement of preventive and protective public health measures ..., .... Creation of distress or famine '''' .... Production, making or distribution of poisonous or nar- cotic substances.. "" "" "" Manufacture, adulteration and sale of injurious or dam- aged products or foodstuffs. ..., Manufacture, adulteration and sale offodd~r and pro- ducts injurious to Ii"vestock .. "" '... 514 Endangeri ng the health of another by alcoholic bever- ages or spirituous liquors .................... Awradja Court Woreda COUl1 Woreda Court Woreda Court High Court High Court High Court High Court High Court High Court High Court High Court Awradja Court Woreda Court Awradja Court Awradja Court Woreda Court Woreda Court Awradja Court Awradja Court Awradja Court High Court Awradja Court Woreda Court High Court Awradja Court Awradja Court Awradja Court Awradja Court 84 CRIMINAL PROCEDURE CODE Endangering by mental means or practices Endangering by philtres, spells or similar means Aggravated cases "" .... Unlawful exercise of the medical or public health pro- fessions "" .... Unlawful delivery of poisonous or dangerous substances R.efusal to provide professional services .... Aggravated homicide - homicide in the first degree Homicide in the second degree .. .. .. .. .. .. .. .. Extenuated homicide.. .... Instigating or aiding another to commit suicide. .... Homicide by negligence Infanticide .... Abortion procured by the pregnant woman Abortion procured by another .... 537 . Grave wilful injury .... Common wilful injury :... '''' .. Consequences not intended by the offender Assaults .... Exposure of the life of another .... Exposure or abandonment of another .... Failure to lend aid to another .... Maltreatment of minors Brawls .... Duels .... Duelling: Challenge, incitement and aiding Intimidation .... Threat of accusation or disgrace. ... Coercion.. .. .... .... .... .... Deprivation of powers of decision IIlegal restraint .... Abduction .... Abduction of an unconscious or defenceless woman. Abduction of a minor.. .... Aggravation to an offence under Art. 552554 ... .... Aggravation to an offence under Art. 555 and 557 .... Aggravation to an offence Art. 558560 .... Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court High Court High Court High Court High Court High Court -Awradja Court A wradja Court Awradja Court Awradja Court Woreda Court Woreda Court Woreda Court Awradja Court Awradja Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court Awradja Court Awradja Court Awradja COurt Awradja Court Woreda Court Awradja Court High Court Woreda Court Ascendants: specialcase .... Political abduction .... Enslavement .... Default of supervision or control. ..., .... .... Slavetrading: bands or associations .... Restraint of the free exerciseof civilrights .... Violation of the right of freedom of movement . .... Violation of the right of freedom to work.. .... Violation of privacy of domicile. .." ..., .... Aggravation to the offence.. .... Violation of the privacy, interception or appropriation of correspondence or consignments .... Defamation and calumny .... Insulting behaviour and outrage. Aggravation to the offence .. Rape .." ... HighCourt Sexualoutrages accompanied by violence. High Court Sexualoutrages on unconscious or deluded persons or on persons incapable ofresisting .... Sexualoutrages on persons in hospital, interned or under detention .w ... HighCourt Taking advantage of the distress or dependence of a woman .... Sexual outrages on infants or young persons .... Sexualoutrages on minors betweenfifteen and eighteen years or age .." .... Seduction .." .... 584 . 587 . FIRST SCHEDULE .... Aggravations to the offence.. .... Unnatural carnal offences Aggrayation to the offence .. .... Other unnatural acts ' .... Habitual exploitation for pecuniary gain .. Trafficin women,infantsandyoungpersons .... Aggravations to the offence .. ... .... Organization of traffic in persons ................ Woreda Court High Court High Court Woreda Court High Court Woreda Court Woreda Court Woreda Court Awradja Court Awradja Court W oreda Court W oreda Court Woreda Court Woreda Court High Court Awradja Court High Court Awradja Court Woreda Court High Court Woreda Court High Court Woreda Court Woreda Court High Court High Court Awradja Court .637 Adultery Incest .... Indecent behaviour between relatives .. Omission to register the birth of an infant .. .... False registration, supposition and substitution of infants .... Failure to maintain .... Failure to bring up ..,. .... Theft ..., .... Abstracting power .... Abstraction of t!!ings jointly owned .... Abstraction to the detriment of deceased person Petty abstraction .... Aggravated theft '''' Robbery .,.. Aggravated robbery... .... Looting '''' .... Piracy Special cases Breach of trust Aggravated breach of trust ..., ...' ...' Misappropriation .... Unlawful use of the property of another.... Misappropriation of lost property Misappropriation of things without owner or of natural resources "" ".. Awradja Court Receiving '''' Awradja Court Aggravated receiving "" Awradja Court Damage to property of another caused by herds or Ilocks .... Disturbance of possession.. .... CRIMINAL PROCEDURE CODE Public indecencyand outrages against morals.. .... Obsceneor indecent publications ..., .... Obsceneor indecent performances .... .... .... Indecent publicity and advertisements ............ Protection of infants or young persons .... Fraud and deceit in marriage .... Solemnization of an unlawful marriage ..., .... Bigamy "" .... .... .... .... Woreda Court High Court High Court Woreda Court Woreda Court Woreda Court Woreda Court Awradja Court Woreda Court High Court High Court Woreda Court Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court Awradja Court Woreda Court High Court High Court High Court High Court High Court High Court High Court High Court Woreda Court Woreda Court Woreda Court Woreda Court Woreda Court FIRST SCHEDULF I)isturban'ce of another's holdings .... I)isplacing and removal of boundary m~rks . .". .... Intentional destruction, damage, depreciation or ren- dering useless the property of another. .... Fraudulent misrepresentation .... IJrawing of cheque without cover Aggravated fraudulent misrepresentation i\'1isrepresentation in insurance .... . .... Fraudulent exploitation of public credulity Petty fraud ' .... Mismanagement of private interests.. .... Aggravated mismanagement .... Incitementto speculation. ... .... .... Incitementof minors or persons legallyincapable to carry out prejudicial assignmenls ... .... Usury .... Extortion .." .... Blackmail .... Aggravated cases (of usury, extortion or blackmail) . Attack on another's credit ............ H armful false information .... .... .... .... .... Unfair competition .... Infringement of marks, declarations of origin, designs or models ... .." .." Infringement of literfiry or artistic copyright Forbidden performance or execution. .... Fraudulent insolvency .." .... Irregular bankruptcy .." .." .... Fraudulent bankruptcy .." .... Fraud in execution .... Misappropriation or destruction of property subject to pledge.or lien' .... Misapproprialion or destruction of property subject to a Courtorder .... .... .." Unjustifiablepreference .... Purchaseof votes ".. .." .... Fraudulentcomposition ... 68\ ,., Woreda Court WOnk'a Court Woretla Court Awradja Court High Court High Court High Court High Court Woreda Court Woreda Court High Court High Court Woreda Court Woreda Court High Court High Court Hiidl Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court High Court 88 CRIMINAL PROCEDURE CODE 690 - 732 733 - 820,exceptArt. 748,of Book VIII Special Part, Petty offences ... ...: Offences under other 1(Jli's: Where the penalty does not exceed 3 years simple im- prisonment with or without fine.. ;,.. .... Where the penalty does not exceed 5 years imprison- ment with or without fine .... Where the penalties are in excess of the above.. .... Woreda Court Woreda COUl'l A wradja COUll High Court SECOND SCHEDULE 89 Second Schedule (under Art. III) FORMS OF CHARGES Homicide in the first degree SW/ement ofoffence. Homicide in the first degree contrary to Art. 522 Penal Code. Particulars of offence. A.B. (insert name of accused) on the day of .......................................... at intentionally caused the death of C. D. (insert name of deceased) ................................................................................. + (a) in aggravating circumstances under Art. 81 org3 Penal Code: + (b) as a member of a band or gang organi8e(1 to carry out homicide or armed robbery: + (c) to further or conceal another crime. T delete whichever is inapplicable and give details. A lIempted homicide ill the first degree Statement ofoffellce. Attempted homicide contrary to Art. 27 and 522 Penal Code. Particulars of offence. A.B. (insert name of accused) on the day of .......................................... at attempted to cause the death of C. D. (insert name of victim) , ................................... + (a) in aggravating circumstances under Art. 81 or 83 Penal Code; + (b) as a member of a band or gang organised to carry out homicide or armed robbery: + (c) to further or conceal another crime. delete whichever is inapplicable and give details. + Homicide by negligence .""tatementof offence. Homicide by negligence contrary to Art. 526 Penal Code. Particulars of offence. A.B. (insert name of accused) on the day of .......................................... at caused the death of C.D. (insert name of 90 CRIMINAL PROCEDURE CODE + deceased) by criminal negligence + insert details of negligence as defined in Art. 59 Penal Code. Forgery Statement of offence. Forgery contrary to Art. 383 Penal Code. Particulars of offence. A.B. (insert name of accused) on the day of .......................................... at , for:ged a Will purporting to be the Will of C. D of ""'.""""""""'"'''''''''' Making use of a forged instrument Statementof offence. . Making use of a forged instrument contrary to Art. 390 Penal Code. Particulars of offence. A.B. (insert name of accused) on the day of .......................................... at made use of a cheque forged by C.D. (insert name offorger) knowing the same to be forged. Perjury Statement of offence. Perjury contrary to Art. 447 Penal Code. Particulars of offence. A.B. (insert name of accused) on the day of ,..................................... at being a witness upon the trial of an action in Court in which C. D. was plaintitT and E. F. defen- dant, knowingly and falsely swore , (insert assignment of perjury) and such evidence was a material evidence in the said proceedings. Escape Statement of offence. Escape contrary to Art. 455 Penal Code. Particulars of offence. A.B. (insert name of accused) on the day of ,................ at escaped from (insert description of place where A.B. was in lawful custody) by using threats or violence to persons or property (specify details). SECOND SCHEDULE 91 Arson Statement of offence. A.-son contrary to Art. 488 Penal Code. Particulars of offence. A. B. (insert name of accused) on the day of .......................................... at maliciously -t./ with the intention of causing danger +/ set fire to his own +/ C. D's property + (specify property set rue to) + delete whichever is inapplicable. Grave wilful injury Statement of offence. Grave wilful injury contrary to Art. 538 Penal Code. Particulars of offence. A.B. (insert name of accused) on the day of .......................................... at .............................................. + (a) intentionally wounded C. D. (insert name of victim) 10 U to en- danger his life + / so as permanently to jeopardize his pbyaicIJor mental health; + (b) intentionally maimed C. D's body +/ maimed one of C. D'I essential limbs or organs + / gravely and conspicuously disf"1pINd C.D.; + (c) intentionally inflicted on C. D. an injury or disease of a 8eri0UI nature. + delete whicheveris inapplicable and givedetails. Rape, Statement of offence.. Rape contrary to Art. 589Penal Code. Particularsof offence. A.b. (insert name of accused)on the.. ,.. day of .......................................... 'at compelledC. D.(insert name of'victim) + (a) by violence, + (b) by grave intimidation, + (c) by rendering her unconscious; + (d) by rendering her incapable of resistance, to submit to sexual intercourse. + delete whicheveris inapplicable and givedetails. 92 CRIMINAL PROCEDURE CODE Theft Statement of offence. Theft contrary to Art. 630 Penal Code. Particulars of offence. A.B. (insert name of accused) on the day of .......................................... at abstracted (describe art- icle stolen) the property of C. D. (insert name of owner) with the intention of obtaining an unlawful enrichment. Robbery Statement of offence. Robbery contrary to Art. 636 Penal Code. Particulars of offence. A.B. (insert name of accused) on the day of ............................................ at with intent to commit then + / taken in the act of committing theft +, + (a) used violence to C. D. (insert name of victim). + (b) used direct and grave intimidation towards C. D., + (c) rendered C. D. incapable of resisting. + delete whichever is inapplicable and give details. Receiving Statement of offence. Receiving contrary to Art. 647 Penal Code. Particulars of offence. A.B. (insert name of accused) on the , day of .......................................... at received (insert thing received and give details) knowing or having reason to believe that the thing was the proceeds of an offence committed against property. Drawing of cheque without cover. Statement of offence. Drawing of cheque without cover contrary to Art. 657 Penal Code. Particulars of offence. A.B. (insert name of accused) on the day of .......................................... drew a cheque for E. S , knowing that the cheque would not be covered or fully covered at the time of presentment. SECOND SCHEDULE 93 ALTERNA TIVE CHARGES Breach of trust. Statement of offence. Breach of trust contrary to Art. 641 Penal Code. Particulars of offence. A.B. (insert name of accused) on the day of .......................................... at with the intention of obtaining an unlawful enrichment used for his own benefit a sum of E. S entrusted to him by C. D. (insert name of owner) for the purpose of .................................. ALTERNATIVELY Theft Statement of offence. Theft contrary to Art. 630 Penal Code. Particulars of offence. A.B. (insert name of accused) on the day of ...................................... at abstracted a sum of E. S the property of C. D. (insert name of owner) with the intention of obtaining an unlawful enrichment. CONCURRENT CHARGES FIRST COUNT Theft. Statement of offence. Theft contrary to Art. 630 Penal Code. Particulars of offence. A.B. (insert name of accused) on the day of """'''''''''''''''''''''''''''''''' at abstracted a car No. AA. 1111the property of C. D. (insert name of owner) with the intention of obtaining an unlawful enrichment. SECOND COUNT Homicide by negligence. ,""tatementof offence. Homicide by negligence contrary to Art. 526 Penal Code. Particulars of offence. A.B. (insert name of accused) on the day of ..................................... at caused the death of C. D. (insert name of deceased) by criminal negligencewhile driving car AA. 1111 in that seeing C. D. on the road, he failed to reduce the speed and ran over him. THIRD SCHEDULE 9S Third Schedule FORMS Form 1. - Bond (Under Art. 28) I ,'... of ".. being brought before the Police Station at under arrest to answer the charge of ,. do hereby bind myself to attend at the Police Station at / in the ..................... Court of " at on the ......... day of next, and to continue so to attend until other- wise directed by the police/court; and, in case of my making default herein, I bind myself to forfeit to the Imperial Ethiopian Government the sum of Eth. dollars """"'" , ,..,.... Dated this day of 19............ Signature -t Delete whichever is inapplicable. To be filled in only where Police consider sureties necessary. I + (or we) do hereby declare myself (or ourselves) surety (or sureties) for the abovenamed of ................................ that he shall attend before the Police Station at .................................................... in the Court of at ........................ on the " day of next, to anSWer the charge on which he has been arrested, and that he shall continue so to attend until otherwise directed by the police / court; and, in case of his making default therein I + (or we) hereby bind myself (or ourselves, jointly and severally) to forfeit to the Imperial Ethiopian Government the sum of Eth. dollars .............. Dated this day of ." 19.......... Delete whichever is inapplicable. + .""ignature/s Form 11. - Search Warrant (Under Art. 32) To the Chief Police Officer of the Taklay Guezat of .................................. and other police officers (to be designated by name). Whereas complaint has been made before me of the commission (or suspect- ed commission) of the offence of and it has been made to appear to me that the production of the articles specified in the Schedule below is essential to the inquiry now being. made (or about to be made) into the said offence (or suspected offence): 96 CRIMINAL PROCEDURE CODE This is to authorise and require you within the space of ................................. days from the date hereof to search for the said articles specified in the Schedule below in the (describe the house or place, or part thereof, to which the search is to be confined), and, if found, to produce the same forthwith before the court; returning this warrant with an endorsement certifying what you have done under it, immediately upon its execution. Given under my hand and the seal of the Court, this day of ,19..................... Signature SCHEDULE (exact description of the articles to be seized) Form III. - Report of police Investigation (Under Art. 37) To the Public Prosecutor. I. At o'clock on the day of ;. 19...... I received information by from ........................................ that a had taken place at and that persons were concerned or suspected of being concerned therein, + and that the total amount of property concerned in the report was ES ............................................... 2. I proceeded thereupon to take action as detailed in the enclosed investigation diaries. 3. I ascertained the following facts: 4. I examined the following witnesses whose statements accompany this report: 5. The following documents accompany this report in addition to the statements of the witnesses: Investigation Diary No. ............ is disclosed and that the following persons were concerned therein: 7. I have reason to believe that the following persons apart from those accused persons not yet arrested can throw light upon the case but I have been unable to examine them for the reasons here stated: 8. The undermentioned articles have been secured or recovered and are to serve as exhibits: + Delete where inapplicable. Signature THIRD SCHEDULE ~ Form IV. - Closure of Police Investigation File (Under Art. 39) To the Investigating Police Officer Police Station Name of accused .................................. Police investigation diary No. ............. This is to direct you to close this police investigation for the following reasons :- + (a) The accused has died. + (b) The accused is under 9 years of age. + (c) The accused, cannot be prosecuted by reason of public international law + or other special laws (give details). Signature Public Prosecutor + Delete whichever is inapplicable. Copy to; I) The Advocate General. 2) The private complainant. Form V. - Form Qf refusal to institute proceedings. (Under Art. 42) I, A, (insert name of public prosecutor) of 8 (insert place where public prosecutor exercises jurisdiction) am unable to institute proceedings in the case ofC (insert name of accused) for the following reasons:- + (a) I am of opinion that there is not sufficient evidence to justify a conviction (State reasons showing clearly that there is insufficient evidence). + (b) There is no possibility of finding the accused and the case is one which may not be tried in his absence. (State reasons why accused cannot be found aQd Article of Criminal Procedure Code which prohibits of his being tried in his absence). + (c) The prosecution is barred by limitation or the offence has been made the subject of a pardon or amnesty. (State date of offence and Article of Penal Code which shows that offence is barred by limitation or quote pardon or amnesty which covers accused). + (d) I am instructed not to institute proceedings in the public interest by the Minister by order under his hand. (Quote number and date of order signed by Minister of Justice). Signature Public Prosecutor 91 CRIMINAL PROCEDURE CODE Copy to: I) The Advocate General. 2) The investigating police officer. 3) The person entitled under Art. 47 Criminal Procedure Code to conduct a private prosecution. Form VI. - Warrant of arrest (Under Art. 65) To the Chief police officer ofthe Taklay Guezat of ,.. and aU other police officers. Whereas of ................................................ stands charged with the offence of ....................................................................... you are hereby directed to arrest the same and to produce him before this court at ..,.. ,. " Dated this day of 19.......... Judge This warrant may in the discretion of the court be endorsed as follows: " If the said , shall give bail in the sum of Eth. dollars """"'''''''''.'..''''''''''''''''''''''''''''''''''''''''''''.' with one surety in the sum of Eth. dollars. to attend before the court on the " day of next and to continue so to attend until otherwise directed by the court he may be released. Dated this day of 19........... Judge Form VII. - Bail Bond. (Under Art. 71) I of baing brought before the " Court of ,~. under arrest to answer to a charge of .i................................................................. do hereby bind myself to attend in the Court of ...................... at , on the : day of next, t(, answer the said charge and to continue so to attend until otherwise directe, by the court; and, in case of my making default herein, I bind myself to forfeit to the Imperial Ethiopian Government the sum ofEth. dollars , ........................................................................ Dated this day of 19........... .""iglllllllre THIRD SCHEDULE 99 To be filled in only where Court consider sureties necessary. I + (or we) do hereby declare myself (or ourselves) surety (or sureties) for the abovenamed of that he shall attend before the Courtof """'"'''''''''''''''''''''''''''''' at on the day of next. h' answer the charge on which he has been arrested, and shall continue so t<> attend until otherwise directed by the court; and, in case of his making default therein I (or we) hereby bind myself (or ourselves, jointly and severally) to forfeit to the Imperial Ethiopian Government the sum of Eth. dollars .................. ,...................................... .Dated this day of 19............... Signaturl'ls. + Delete whichever is inapplicable. Form VIII. - Witness Bond (Under Art. 90) I of " do hereby bind myself to attend at the Court of ......................... at on such date as I shall be summoned and there to give evidence in the matter of a charge of ""'''''''''''''''''''''''''''''''''''' against one A. B.; and in case of my making default herein, I bind myself to forfeit to the Imperial Ethiopian Government the sum of Eth. dollars ,..... Dated this day of 19............ Signature Form IX. - Summons to appear Jor trial (Under Art. 123) To the Public Prosecutor at .............................................. To the accused of ............................................... (insert name) (insert address) Whereas the day of ......................................... has been fixed for the trial of ............................................................................... (insert name of accused) on a charge of at the .................... Court of , this is to require you to be present at o'clock on the day abovementioned. (Where the accused is in custody complete the following) + And this further requires you, the Superintendent of Prisons at .............. (insert name of prison) to produce the abovementioned accused at the beforementioned date place and time. 100 CRIMINAL PROCEDURE CODE Registrar of court. + If the accused is not in custody delete. Form X. - Witness Summons (Under Art. 124) Criminal case No.......................... P. P. versus ................................. (insert name of accused) To ........................................................... This is to command you to appear before this Court on the .......................... day of' at o'clock to give evidence on behalf of the prosecution/ accused, herein. In the event of your failing to appear you will be liable to arrest. Dated this day of .19........... Registrar of court. + Delete whichever is inapplicable. Form XI. - Bench Warrant (Under Art. 125) + Whereas an accused person having been duly summoned and served has failed to appear in answer to the summons: + Whereas a witness having been duly summoned and Served has failed to appear in answer to the summons, you are directed to arrest (in~rt name of police officer) and to produce him befClrethis court without delay. Judge + Delete whichever is inapplicable. Form XII. - Appeal hearing Notice (Under Art. 192) Criminal Appeal No........................... Appellant (insert name) , Respondent (insert name) This is to require Y01l Appellant/ Respondent (insert name) CRIMINAL PROCEDURE CODE 101 to attend the hearing of the abovementioned appeal at Court of on the day of ........................... at o'clock. + Should the appellant or his advocate fail to appear the appeal may be dismissed. + Should the respondent or his advocate fail to appear the hearing of the appeal may be proceeded witli. Registrar Court. of Appeal. + Delete whichever is inapplicable. Form XIII. - Warrant of commitment after sentence of death (Under Art. 204) To the Superintendent of Prisons , at ............................... Whereas has been (insert name of accused) convicted of """"'"'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' and (insert offence of which he has been convicted) has been sentenced to death, this is to authorise and require you to receive the said "'"'''''''''''''''''''''''''''''''''''''''''''''''''' in your custody and to detain him (insert name of convicted person) until the pleasure of His Imperial Majesty be made known to you. Dated this day of 19 ........... Presiding judge. Form XIV. - Warrant of Commitment after sentence of police arrest +/simple imprisonment + /rigorous imprisonment + /intemment+ / (Under Art. 205). Criminal Case No. ................... Name of prisoner ................... To the Superintendent of Prisons/Superintendent of Police "'"'''''''''''''''''''''' The abovenamed prisoner was convicted by this Court of and sentenced to ...................... This is to order you to carry out the said sentence of police arrest/ simple imprisonment/rigorous imprisonment/internment according to law. Dated this. day of 19 ............ Presiding judge. + Delete whichever is inapplicable. 102 CRIMINAL PROCEDURE CODE Form XV. - Warrant of commitment in respect of irresponsible person (Under Art. 208). Whereas was found not fuIly (insert name of accused person) responsible for his acts, this is to authorise and require you the Superintendent of ~ to re<:eivethe said person into (in8ert name of institution) custody and to give him treatment ...................................................................... (specify the rates of the treatment) Presiding judge. Form XVI. - Warrant in respect of flogging (Under Art. 207)Criminal case No. .................................. To the Superintendent of Prisons Whereas was convicted by this .............................. (insert name of convictedperson) . Court of and sentencedto flogging, This is to order you to carry out the said sentence according to law. The convicted person shall re<:eive ...................................................................... (insert number of lashes to be inflicted) to be inflicted with .......................................................... (specify instrument to be used) The sentence shall be carried out by.................................................................... (specify person who will inflict the flogging) at ......................................................................... (specify place where flogging will be inflicted) on , ;.............................. (specify date when flogging wiIl be inflicted) Dated this day of 19 ........... Presiding judge.
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