English
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.