The Criminal Code of The Federal Democratic Republic of Ethiopia (2004)

8/13/2019 The Criminal Code of The Federal Democratic Republic of Ethiopia (2004)

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Proclamation No.414/2004

THE CRIMINAL CODE OFTHE FEDERAL DEMOCRATIC

REPULIC OF ETHIOPIA

PREFACEIt is nearly half a century since the 1957 Penal Code entered intooperation. During this period, radical political, economic and socialchanges have taken place in thiopia. !mong the ma"or changes arethe recognition #y the Constitution and international agreementsratified #y thiopia of the e$uality #et%een religions, nations,nationalities and peoples, the democratic rights and freedoms ofciti&ens and residents, human rights, and most of all, the rights of

social groups like %omen and children. !fter all these phenomena havetaken place, it %ould #e inappropriate to allo% the continuance of theenforcement of the 19'9 Penal Code.

!nother discerni#le gap in the Penal Code is its failure to properlyaddress crimes #orn of advances in technology and the comple(ities ofmodern life. )he Penal Code does not incorporate crimes such as thehi"acking of aircraft, computer crimes and money laundering. *esides,as regards crimes related to corruption and drugs although they areno%adays,

attracting attention #oth in legislation and follo%+up not only %ithinnational frontiers #ut also on the regional and international levels, dueto the grave crises they are using, the Penal code does not ade$uatelydeal %ith such crimes %ith the degree of seriousness they deserve.

!nother point that should not #e overlooked is the penal Codes failureto ackno%ledge the grave in"uries and sufferings caused to %omen andchildren #y reason of harmful traditional practices. -urely, theconstitution guarantees respect for the cultures of peoples, #ut it doesnot #uttress up those practices scientifically proven to #e harmful. It is

also futile to issue a la% that does not have the trust and support of thepeople for it usually remains impractica#le. *ut it is %ell recogni&ed inthe philosophy of criminal legislation that the legislature should, #y


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the e(istence of a comprehensive Criminal Code %ill put an end to suchpractice.

In order to eliminate the a#ove+mentioned shortcomings and adopt acomprehensive Criminal code, su#stantial activities have #eenundertaken throughout the entire Country. Discussions have #een heldon the draft Criminal Code prepared #y the 2inistry of 3ustice and the

3ustice and 4egal -ystem esearch Institute. 4egal and medicalprofessionals, psychiatrists, different institutions of higher educationand professional associations have made significant contri#utionsthrough the opinions they gave to the enactment of the la%.epresentatives of the people selected from different sectors andassociations have for%arded important vie%s in discussion forums on

the draft la%s conducted in !ddis !#a#a and the regions. It is mainlyon the #asis of pu#lic opinion that punishments have increased inrespect of crimes like rape and aggravated theft. 2oreover, the opinionsof legal scholars and the la%s and e(periences of foreign countries have#een consulted to enrich the content of the Criminal Code.

inally, one point that must not #e left unmentioned is the matterconcerning the determination of sentence. -ince it is essential tofacilitate the method #y %hich Courts can pass similar punishments onsimilar cases, some ma"or changes have #een made in the provisions of

the Code.Provisions of the Penal Code that used to make sentencing complicatedand difficult have #een amended. Provisions have #een inserted %hichena#le the Courts to pass the appropriate penalty for each case #ycarefully e(amining from the lightest to the most severe punishment. !sentencing manual %ill also #e issued to ensure and control thecorrectness and uniformity of sentencing.

!nother point %hich must #e raised in connection %ith thedetermination of sentence is that the purpose of Criminal 4a% is to

preserve the peace and security of society. It protects society #ypreventing the commission of crimes, and a ma"or means of preventingthe commission of crime is punishment.

Punishment can deter %rongdoers from committing other crimes it canalso serve as a %arning to prospective %rongdoers. !lthoughimprisonment and death are enforced in respect of certain crimes themain o#"ective is temporarily or permanently to prevent %rongdoersfrom committing further crimes against society. !nd in such cases %iththe e(ception of the death sentence even criminals sentenced to life

imprisonment can #e released on parole #efore serving the %hole termin certain crimes convicts can #e released on pro#ation %ithout the

t f t ith t th f t f th t


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Articl# 1.7 O'8#ct an( P,r+o%#.

)he purpose of the Criminal Code of the ederal Democraticepu#lic of thiopia is to ensure order, peace and the security ofthe -tate, its peoples, and inha#itants for the pu#lic good.

It aims at the prevention of crimes #y giving due notice of thecrimes and penalties prescri#ed #y la% and should this #eineffective #y providing for the punishment of criminals in orderto deter them from committing another crime and make them alesson to others, or #y providing for their reform and measures toprevent the commission of further crimes.

Articl# 2.7 Princi+l# o* L#alit&.

61 Criminal la% specifies the various crimes, and the penalties andmeasures applica#le to criminals.

6: )he Court may not treat as a crime and punish any act oromission %hich is not prohi#ited #y la%. )he Court may notimpose penalties or measures other than those prescri#ed #yla%.

6> )he Court may not create crimes #y analogy,

6' )he a#ove provisions shall not prevent the Court frominterpreting the la%. In cases of dou#t the Court shall interpretthe la% according to its spirit, in accordance %ith the meaningintended #y the legislature so as to achieve the purpose it has invie%.

65 /o#ody shall #e tried or punished again for the same crime for%hich he has #een already convicted, punished or su#"ected toother measures or ac$uitted #y a final decision in accordance%ith the la%.

Articl# -.7 Ot"#r P#nal L#i%lation.

Not"in in t"i% Co(# %"all a**#ct r#,lation% an( %+#cial la% o* acriminal nat,r#$

Provided that the general principles em#odied in this Code areapplica#le to those regulations and la%s e(cept as other%isee(pressly provided therein.

Articl# 4.7 E9,alit& #*or# t"# La.

Criminal la% applies to all alike %ithout discrimination as

regards persons, social conditions, race, nation, nationality,social origin, colour, se(, language, religion, political or other

i i t #i th th t t


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CHAPTER II

!COPE OF APPLICATION OF THE LA5

!#ction I$7 Con(ition% a% to Tim#

Articl# 3.7 Non7r#tro%+#cti# E**#ct o* Criminal La.

61 If an act, declared to #e a crime #oth under the repealedlegislation and this Code %as committed prior to the coming intoforce of this Code, it shall #e tried in accordance %ith therepealed la%.

6: !n act declared to #e a crime under this Code #ut not under therepealed la% and committed prior to the coming into force of thisCode is not punisha#le.

6> /o act shall #e tried or punished %here it %as a crime committedunder the repealed legislation #ut is not declared so to #e underthis Code. If proceedings have #een instituted they shall #ediscontinued.

Articl# :.7 E;c#+tion$ A++lication o* t"# Mor# Fao,ra'l# La.

?here the criminal is tried for an earlier crime after the cominginto force of this Code, its provisions shall apply if they are morefavoura#le to him than those in force at the time of thecommission of the crime.

)he Court shall decide in each case %hether, having regard to allthe relevant provisions, the ne% la% is in fact more favoura#le.

Articl#


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shall #e #arred if not e(ercised %ithin a period of t%o years afterthe coming into force of this Code.

Articl# .7 En*orc#m#nt o* >,(m#nt% +a%%#( ,n(#r R#+#al#(L#i%lation.

?here a sentence has #een passed in accordance %ith the repealedlegislation its enforcement shall #e governed #y the follo%ing principles8

61 If the Code no longer restrains the act in respect of %hich thesentence %as passed the punishment shall no longer #eenforcea#le or shall forth%ith cease to have effect.

6: ?here a sentence has #een passed for the #reach of a criminal

la% enacting a prohi#ition or an o#ligation limited to a givenperiod of time for special reasons of a transitory nature, thee(piration of the said period shall not #ar the enforcement of thepunishment, norshall the prosecution #e #arred #y such e(piration.

6> Punishments a%arded #efore or after the coming into force ofthis Code shall #e enforced as provided in this Code. )his shallalso apply to the recovery of fines, the suspension of sentenceand conditional release.

6' If a prisoner %ho is undergoing punishment at the time of the

coming into force of this Code is found guilty of an earlier crime%hich remained unkno%n and %as punisha#le #y a penaltyentailing loss of li#erty the Court shall pass an aggregatesentence in accordance %ith the provisions relating toconcurrent, crimes 6!rt. 1A and shall take into account theprovisions regarding the application of the more favoura#le la%6!rt. A.

)he period of imprisonment undergone in pursuance of theearlier "udgment snail #e deducted.

Articl# 10.7 A++lication a% to Canc#llation an(R#in%tat#m#nt.

)he cancellation of entries in the "udgment register as %ell asreinstatement in the case of "udgments given under repealedlegislation shall #e governed #y this Code.

!#ction II.7 Con(ition% a% to Plac#

!,'7%#ction I.7 Princi+al A++lication

Articl# 11.7 Crim#% Committ#( on Et"io+ian T#rritor&$ NormalC


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6: /othing in the provision of su#+article 61 of this !rticle shallaffect immunities of persons en"oying an official status assanctioned #y pu#lic international la%.

6> If the criminal has taken refuge in a foreign country, hise(tradition shall #e re$uested so that he may #e tried underthiopian 4a%.

Articl# 12.7 !+#cial Ca%#$ D#l#ation.

61 ?here a foreigner %ho has committed a crime in thiopia cannot#e tried or punished, #ecause he has taken refuge in a foreigncountry and his e(tradition cannot #e o#tained, the thiopianauthorities may re$uest that he #e tried in the country of refuge.

6: )he accused foreigner cannot #e retried in thiopia for the samecrime if he has #een tried and ac$uitted in the foreign country #ya "udgment %hich has #ecome final or if he has #een grantedpardon or amnesty or if the prosecution or sentence has #een#arred #y limitation.

6> ?here the criminal has not undergone his punishment or onlyundergone part of it in the foreign country, the %hole or theune(pired part thereof shall #e enforced in thiopia, if he isapprehended and the enforcement of the penalty is not #arred #ylimitation under the provisions of this Code.

-hould the punishments differ as to their nature or form, suchpunishment as is the closest to that imposed in the foreigncountry shall #e enforced.

Articl# 1-.7 Crim#% Committ#( aain%t Et"io+ia O,t%i(#It% T#rritor&.

)his Code shall apply to any person %ho outside thiopia hascommitted one of the crimes against the -tate of thiopia, itssafety or integrity, its institutions, essential interests or currencyas defined in *ook III, )itle I, Chapter I, and under )itle of this

*ook 6!rt. :> +:A< and !rt. >55+>7'.

Articl# 14.7 Crim#% Committ#( In a For#in Co,ntr& '& anEt"io+ian En8o&in Imm,nit&.

61 -u#"ect to the provision of !rticle 1>, this Code shall apply to amem#er of the thiopian diplomatic or consular service, anthiopian official or agent %ho cannot #e prosecuted at theplace of commission of the crime #y virtue of internationalprinciples of immunity, %here he committed in a foreign country

a crime punisha#le #oth under the thiopian Code and underthe la% of the country %here it %as committed.

6: ?h di t ith th f i l thi C d th


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61 ?here a mem#er of the thiopian Defence orces in suchcapacity commits a crime against the ordinary la% In a foreigncountry he shall #e su#"ect to the ordinary la% and territorial

"urisdiction if he is arrested and tried in the country %here thecrime %as committed. If he has taken refuge in thiopia, he shall #e tried inaccordance %ith the provision of !rticle :1 6: of this Code.

6: In cases of crimes against international la% and specificallymilitary crimes as defined in !rticle :A9+>::, the mem#er of theDefence orces shall remain su#"ect to national la%, and #e triedunder theprovisions of this Code #y thiopian military courts.

Articl# 1:.7 E**#ct o* For#in !#nt#nc#%.

(1) ?here a +criminal %ho is su#"ect to thiopias principal"urisdiction 6!rts. 11,1>,1' 61 and 15 6: ha-#een sentenced ina foreign country, he may #e tried and sentenced again on thesame charge in thiopia, B he is found in thiopia or %ase(tradited to it.

6: Bis discharge or ac$uittal in a foreign country shall #e no #ar toa fresh trial or sentence #eing passed in thiopia in accordance%ith this Code.

6> ?here #y reason of the crime committed, the criminal hasalready #een convicted In a foreign country and has undergonethe %hole or part of the punishment, the Court shall deduct thepunishment already undergone from the ne% sentence to #epassed.

!,'7%#ction II.7 !,'%i(iar& A++lication

Articl# 1


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61 )his Code shall also apply to any person %ho has committed acrime outside thiopia against an thiopian national or to anythiopian national %ho has committed outside thiopia a crime

.of anotherkind than those specified in the foregoing !rticles, if the criminal%as not tried in the foreign country for the crime, provided that86a the act to #e tried is prohi#ited #y the la% of the -tate %hereit %as committed and #y thiopian la% and6# it is of sufficient gravity under the latter la% to "ustifye(tradition.

6: In the case of all other crimes committed outside thiopia #y aforeign national, the criminal shall, save as other%ise e(pressly

provided, failing e(tradition, #e prosecuted and tried only if thecrime is punisha#le under thiopian la% %ith death or %ithrigorous imprisonment for not less than ten years.

Articl# 1.7 Con(ition% *or !,'%i(iar& A++lication.

61 )his Code shall apply %here86a the complaint #y the victim or his dependants %as lodged %hen itis a condition for prosecution under the la% of the place of

commission of the crime or under thiopian la%,6# the criminal is %ithin the territory of thiopia and has not #eene(tradited, or e(tradition to thiopia %as o#tained #y reason of thecrime committed and6c the crime %as not legally pardoned in the country of commissionand that prosecution is not #arred either under the ta% of thecountry%here the crime %as committed or under thiopian la%.

6: )he condition specified under su#+article 1 6a and 6c of this

!rticle need not necessarily #e satisfied as regards the lands ofcrimes pro%led for under !rticle 17 and 16: of this code.

6> )he prosecution shall consult %ith the 2inister of 3ustice #eforeinstituting proceedings.

6' In case of disparity #et%een the punishments prescri#ed underthis Code and the la% of the country of commission, thepunishment to #e imposed shall #e the one, %hich is morefavoura#le to the accused.

Articl# 20.7 E**#ct o* For#in !#nt#nc#%.

61 In all cases %here thiopian courts have a su#sidiary" i di ti l 6! t 1561 17 d 1 th i i l t #


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not #arred #y limitation under this Code or the la% of ?ecountry of commission. )he provisions of !rticle 1: 6> shallapply mutatis

mutandis to this !rticle.

!,'7%#ction III.7 #n#ral Proi%ion%

Articl# 21.7 E;tra(ition.

61 !ny foreigner %ho commits an ordinary crime outside theterritory of thiopia and %ho takes refuge in thiopia may #ee(tradited in accordance %ith the provisions of the la%, treatiesor international

custom e(tradition shall #e granted on the application made inproper form #y the -tate %here the crime %as committed for thepurpose of trial under the territorial la% %hen the crime does notdirectly and principally concern the thiopian -tate 6!rt. 1>.

6: /o thiopian national having that status at the time of thecommission of the crime or at the time of the re$uest for hise(tradition may #e handed over to a foreign country. Bo%ever,he shall #e tried #y thiopian courts under thiopian la%.

6> In all cases %here a crime raises a $uestion of e(tradition there$uest shall #e dealt %ith In accordance %ith thiopian 4a%

and e(isting treaties.

Articl# 22.7 R#conition o* For#in !#nt#nc#%.

61 oreign criminal sentences may #e taken into account asregards antecedents and aggravating circumstances, thegranting or revocation of an order for conditional release,recidivism and its punishment, the enforcement of safetymeasures, incapacities and forfeitures, conditions as toreinstatement, as %ell as compensation, restoration of property

and other civil effects and all other legal conse$uences provided#y this Code.

6: )he foreign sentence shaft not #e recogni&ed unless passed #yan ordinary Court and not #y a special tri#unal for a crimepunisha#le under this Code and its validity has #een recogni&ed#y the appropriate thiopian authority.

-uch recognition may #e made on the #asis of a certified e(tractfrom the "udgment register of the criminal or of the "udgmentpronounced or #y means of an official attestation delivered #y the

"udicial or e(ecutive foreign authority, or in any other relia#lemanner.


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61 ! crime is an act, %hich is prohi#ited and made punisha#le #yla%.

In this Code, an act consists of the commission of %hat isprohi#ited or the omission of %hat is prescri#ed #y la%.

6: ! crime is only completed %hen all its legal, material and moralingredients are present.

6> /ot%ithstanding the provision of su#+article 6: of this !rticle, a"uridical person shall #e criminally lia#le to punishment underthe conditions laid do%n in !rticle >' of this Code.

6' ! crime is punisha#le %here the Court has found the crimeproved and deserving of punishment.

Articl# 24.7 R#lation%"i+ o* Ca,%# an( E**#ct.

61 In all cases %here the commission of a crime re$uires theachievement of a given result, the crime shall not #e deemed tohave #een committed unless the result achieved is theconse$uence of the act or omission %ith %hich the accusedperson is charged.

)his relationship of cause and effect shall #e presumed to e(ist%hen the act %ithin the provisions of the la% %ould, in thenormal course of things, produce the result charged.

6: ?here there are preceding, concurrent or intervening causes,%hether due to the act of a third party or to a natural orfortuitous event, %hich are e(traneous to the act of the accused,this relationship of cause and effect shall cease to e(ist %hen thee(traneous cause in itself produced the result.If, in such a case, the act %ith %hich the accused person ischarged in itself constitutes a crime he shall #e lia#le to thepunishment specified for such a crime.

6> elationship of cause and effect shall #e presumed to e(ist#et%een each cause specified under su#+article 6: a#ove and theresult achieved, %hen the result is the cumulative effect of thesecauses, even though each cause cannot independently producethe result.

Articl# 23.7Plac# an( Tim# o* t"# Crim#.

61 ! crime is committed at the place %here and at the time %henthe criminal performed or failed to perform the act penali&ed #y

criminal la%.!n attempt is committed at the place %here and at the time %henth i i l f d f il d t f th li i t


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-imilarly, an attempt is deemed to have #een committed #oth atthe place %here the criminal attempted the crime and the placehe intended the result to #e produced.

or purposes of prosecution, the "urisdiction of the place %herethe result %as achieved is su#sidiary to that of the place ofcommission.

6> ?hen a com#ination or repetition of criminal acts is an elementof an ordinary or aggravated crime as provided under !rticle A1,or %hen the act is pursued over a period of time, the place %hereand the time %hen the crime is committed shall #e the place%here and the time %hen one of the com#ined or repeated actsor part of the acts pursued is committed.

CNAPTER II

DEREE! IN THE COMMI!!ION OF THE CRIME

Articl# 2:.7 Pr#+arator& Act%.

!cts %hich are committed to prepare or make possi#le a crime,particularly #y procuring the means or creating the conditions

for its commission are not usually punisha#le, ho%ever, suchacts acepunisha#le %here8

6a in themselves they constitute a crime defined #y la% or6# they e(pressly constitute a special prime #y la% o%ing to theirgravity or the general danger they entail,

Articl# 2


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Articl# 2=.7 R#n,nciation an( Acti# R#+#ntanc#.

61 If a criminal of his o%n free %ill renounces the pursuit of hiscriminal activity the Court shall reduce the punishment %ithinthe limits provided #y la% 6!rt. 179 or %ithout restriction 6!rt.1


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Articl# -2.7 Princi+al Criminal.

61 !ny person shall #e regarded as having committed a crime as aprincipal criminal and punished as such if8

6a he actually commits the crime either directly or indirectly, inparticular #y means of an animal or a natural force or6# he %ithout performing the criminal act itself fully associateshimself %ith the commission of the crime and the intendedresult or6c he employs an infant or a person %ho is mentally deficientor una%are of the circumstances, for the commission of a crimeor

compels another person to commit a crime.

6: ?here the crime committed goes #eyond the intention of thecriminal he shall #e tried in accordance %ith !rticle 56>.

6> ?here t%o or more persons are involved as principal criminalsin the commission of a crime, each shall #e lia#le to thepunishment attaching thereto.

)he Court shall take into account the provisions governing theeffect of personal circumstances 6!rt. '1 and those governing thea%ard of punishment according to the degree of individual guilt

6!rt. .

Articl# --.7 Partici+ation in Ca%#% o* !+#cial Crim#%.

!n accused person may #e prosecuted as a principal criminal%hen, #y his acts, he fully participated %ith kno%ledge andintent in the commission of a crime %hich can #e committed only#y certain specified persons, in particular #y a mem#er of theDefence orces in. the case of military crimes, or #y a pu#licservant in respect of crimes against pu#lic office, or only #y a

male person in the case of rape.

Articl# -4.7 Partici+ation o* a >,ri(ical P#r%on in a Crim#.

61 ! "uridical person other than the administrative #odies of the-tate is punisha#le as a principal criminal, an instigator or anaccomplice %here it is e(pressly provided #y ta%.! "uridical person shall #e deemed to have committed a crimeand punished as such %here one of its officials or employeescommits a crime as a principal criminal, an instigator or an

accomplice in connection %ith the activity of the "uridical person%ith the intent of promoting its interest #y an unla%ful means or# i l ti it l l d t # d l i th " idi l


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6> )he punishment of the "uridical person shall not e(clude thepenalty to #e imposed on its officials or employees for theirpersonal criminal guilt.

6' or the purpose of this !rticle "uridical person means a #ody%hich has governmental or non+governmental, pu#lic or privatestructure and includes any legally recogni&ed institution orassociation set up for commercial, industrial, political, religiousor any other purpose.

Articl# -3.7Coll#cti# Crim#%.

?here t%o or more persons commit a crime in concert, theperson %ho is proved to have taken no part in the commission of

the crime shall not #e punished.Bo%ever, %here a crime such as conspiracy or #ra%l iscommitted #y a group of persons, the person %hose presence inthe group is proved shall #e e(empt from punishment only if heproves that he has taken no part in the commission of the crime.

Articl# -:.7 Incit#m#nt.

61 ?hoever intentionally induces another person %hether #ypersuasion, promises, money, gifts, and threats or other%ise to

commit a crime shall #e regarded as guilty of having incited thecommission of the crime.

6: )he person %ho incited the commission of a crime shall #e lia#leto punishment provided the crime %as at least attempted.

6> )he punishment to #e imposed shall #e that provided #y la% forthe intended crime. It may #e reduced %ithin the limits specified#y la% if the circumstances of the ease "ustify such a reduction6!rt. 179.

6' ?hen the person %ho committed the crime %ent #eyond %hat%as intended #y the instigator, the latter shall #e lia#le to

punishment only for the crime he intended or could foresee 6!rt.56>.

)he actual criminal shall alone #e ans%era#le for the moreserious crime %hich he committed.

Articl# -


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6' )he punishment to #e imposed shall #e the punishment for thecrime in so far as such crime does not go #eyond theaccomplices intention 6!rt. 56> )he Court may, taking into

account thecircumstances of the case, reduce the punishment in respect toan accomplice %ithin the limits specified #y la% 6!rt. 179.

65 ?hen the person %ho committed the crime %ent #eyond %hat%as intended #y the accomplice the latter shall #e lia#le topunishment only for the crime he intended or could foresee 6!rt.56>.

)he actual criminal shall alone #e ans%era#le for the moreserious crime %hich he committed.

Articl# -=.7Criminal Con%+irac&.

61 ?here t%o or more persons enter into an agreement to commit acrime the provisions regarding participation and aggravation ofpunishment due to the a#ove+mentioned circumstances areapplica#le 6!rt. '616d.

6: )he foregoing provision shall, ho%ever, not affect the provisionscontained in the -pecial Part of this Code relating to conspiraciesagainst the essential interests of the -tate and its defence, the

forming of unla%ful associations and the participation therein,as %ell as to the organi&ation of gangs or associations of%rongdoers 6!rt. :57, :7', >>5.6: )he provisions regarding the failure to report to the authorities in

the cases specified under !rticle ''> shall apply.6> )he a#ove+mentioned o#ligations are to #e construed in a

restricted manner.

Articl# 40.7 Acc#%%or& A*t#r t"# Fact.

?hoever after a crime has #een committed assists a criminaleither #y hiding him or helping him to escape prosecution or

punishment or #y receiving the proceeds of his crime, shall #epunished in accordance %ith the provisions of the -pecial Part ofthis Code dealing %ith such acts 6!rts ''5 'A< and A:


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participation, his degree of guilt and the danger %hich his actand his person represent to society.

-pecial circumstances or personal incidents or relationships%hich have the effect of e(cluding punishment or "ustify itsreduction or increase are not transmissi#le to another person.

)hey operate to the #enefit or the detriment sotely of the personto %hom they attach.

CHAPTER I?

PARTICIPATION IN CRIME! RELATIN TO THE MA!! MEDIA

61 /ot%ithstanding the provisions of !rticles >:+'1, the provisionsof this Chapter shall apply in the case of crimes relating to themass media %ith a vie% to ensuring freedom of e(pression %hilepreventing a#use.

6: Crimes relating to the mass media are those %hich arecommitted #y means of ne%spapers, #ooks leaflets, "ournals,posters, pictures, cinemas, radio or television #roadcasting orany other means of mass media.

6> )he crimes may #e committed against the honour of otherpersons, pu#lic or private safety or any other legal right

protected #y criminal la%, and are committed %herecommunication is made to thepu#lic through the mass media.

Articl# 4-.7 Lia'ilit& *or Crim#% Committ#( t"ro," t"# Ma%%M#(ia.

61 Criminal lia#ility for crimes committed through periodicals shall#e as follo%s86a a person %ho %as registered as editor in chief or deputy

editor %hen the periodical %as pu#lished shall #e lia#le6# if no license e(isted %hen the periodical %as pu#lished or if

the editor+in+chief lia#le under su#+article 616a %as no longer$ualified or has other%ise ceased to function as editor+in+chief the pu#lisher shall #e lia#le

6c the pu#lisher shall like%ise #e lia#le in cases in %hich theeditor+in +chief %as appointed merely for the sake ofappearance, or %as other%ise manifestly not in a position ofe(ercising his po%ers at the time the periodical %aspu#lished

6d if a deputy acting as chief editor %as not longer $ualified atthe time the periodical %as pu#lished, or if his appointmenth d th i i d if h i #l t i hi


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printer cannot #e ascertained, the disseminator is lia#le inlieu of the printer

6g in case of periodicals pu#lished a#road, the importer other

than a person %ho imports the products for his personal useor any person %ho disseminates the press product shall #elia#le

6: Criminal lia#ility for crimes committed through non+periodicalprinted matters shall #e as follo%s8

6a %hen crime is committed #y means of printed matter otherthan a periodical the author is lia#le, provided that he has#een named as the author of the matter. )he author shallnot #e lia#le if the matter %as pu#lished %ithout his

consent or if his name, pen+name, or pseudonym appearedtherein against his %ishes

)he $uestion %ho the author is may #e raised in legalproceedings concerning crimes committed throughpu#lications other than periodicals.

6# if the author under su#+article 6:6a of this !rticle is notlia#le for matter %hich includes or is intended to includecontri#utions #y several authors, and if a responsi#leeditor had #een nominated in a manner prescri#ed #y la%,

theresponsi#le editor shall #e lia#le

6c in the case of printed matter other than printed matterunder su#+article 6:6# of this !rticle, the responsi#leeditor shall #e lia#le only if the author %as dead at thetime of pu#lication.Bo%ever, the responsi#le editor is not lia#le if his name,pseudonym, or pen+name appeared against his consent

6d the responsi#le editor of printed matter other than aperiodical is taken to #e the person %ho, %ithout kno%ing

the author, delivers it for printing and pu#lication6e if neither the author nor the responsi#le editor under su#+

article 6:6a, 6#and 6c of this !rticle is lia#le, or if he %asdead %hen the matter %as pu#lished, the pu#lisher islia#lethe pu#lisher of printed matter other than a periodical istaken to #e the person %ho has undertaken to print andpu#lish the %ritings of another

6f if there is no pu#lisher, or the identity of the pu#lishercannot #e ascertained, the printer of the material is lia#le

in lieu of the pu#lisher6g the provision of su#+article 6:6f of this !rticle shall apply

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in the prosecution of the case, lia#ility shall pass to the personne(t lia#le after him.

65 In determining the lia#ility of a person under this !rticle for the

crime committed through the product of mass media, the contentof the matter shall #e deemed to have #een inserted, pu#lishedordisseminated %ith his full kno%ledge and consent./o proof to the contrary may #e admitted in such a case.

Articl# 44.7 !+#cial Criminal Lia'ilit& o* t"# A,t"or Oriinator orP,'li%"#r.

61 ?ithout pre"udice to the provisions of !rticle '>, any person

%ho, #y contri#uting as author, originator or pu#lisher, to theproduct pu#lished or diffused through mass media, participatesin the commission of crimes8 armed rising or civil %ar 6!rt :'>:, disclosureof military secrets 6!rt >>A, #reaches of military and officialsecrecy 6!rts. >9A and >97, inciting the pu#lic through falserumours 6!rt 'A6#, or the deli#erate disregard for an

o#ligation to maintain secrecy specified #y la%, shall #ecriminally lia#le.

6: In such a case the provisions of this Code concerningparticipation shall apply to persons %ho committed the crime asa principal criminal, an instigator or an accomplice.

Articl# 43.7 !#cr#c& o* t"# I(#ntit& o* a !o,rc#.

61 )he editor or pu#lisher of any pu#lication, %hich is notperiodical, may not #e compelled to disclose the name or pen+

name of the author.6: )he pu#lisher or editor of any pu#lication may not #e compelled

to disclose the source of any matter printed in pu#lication.6> /ot%ithstanding the provision of su#+article 6: of this article, the

Court may order the pu#lisher or editor of the pu#lication todisclose the source of information8

6a %here a crime is committed against the ConstitutionalErder, /ational Defence orce or security of the -tateconstituting clear and imminent danger, or

6# in the case of proceedings of a serious crime, %here such

source does not have any alternative and is decisive for theoutcome of the case.


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Articl# 4


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kno%ing that he could commit a crime, intentionally put himselfinto a condition of a#solute irresponsi#ility or of limitedresponsi#ility #y means of alcohol or drugs or any other means.

)he general provisions of this Code are applica#le in such a case.

6: If a criminal #y his o%n fault has put himself into a condition ofa#solute irresponsi#ility or of limited responsi#ility %hile he %asa%are, or could or should have #een a%are, that he %as e(posinghimself, in such a condition, to the risk of committing a crime,heshall #e tried and punished under the ordinary provisionsgoverning negligence, if the crime committed is punisha#le onsuch a charge 6!rt. 59.

6> In the case of a crime %hich %as neither contemplated norintended and %as committed in a state of a#soluteirresponsi#ility into %hich the criminal put himself #y his o%nfault, the provision of !rticle '91 of the -pecial Part of this Code relating to crimesagainst pu#lic safety shall apply.

6' /o person shall #e lia#le to punishment %here he commits acrime %hile in a state of a#solute irresponsi#ility, into %hich hehas #een coerced or for %hich he has no fault on his part.

Articl# 31.7 E;+#rt E;amination in Do,'t*,l Ca%#%.

61 ?hen there is a dou#t as to the responsi#ility of the accusedperson, %hether a#solute or partial, the Court shall o#taine(pert evidence and may order an en$uiry to #e made as to thecharacter, antecedents and circumstances of the accusedperson.-uch evidence shall #e o#tained particularly %hen the accusedperson sho%s signs of a deranged mind or epilepsy, is deaf anddum# or is suffering from chronic into(ication due to alcohol or

due to drugs.6: )he e(pert or e(perts shall #e appointed #y the. Court under the

ordinary rules, of procedure. )he Court shall define their termsof reference and the matters to #e elucidated.

)he e(pert evidence shall descri#e the present condition of theaccused person and its effect upon his faculties of "udgment andfree determination. It shall, in addition, afford guidance to theCourt as to the e(pediency and the nature of medical treatmentor safety measures.

6> En the #asis of the e(pert evidence the Court shall make such

decision as it thinks fit. In reaching its decision it shall #e #oundsolely #y definite scientific findings and not #y the appreciationf th t t th l l i f t # d th f


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Infants %ho have not attained the age of nine years shall not #edeemed to #e criminally responsi#le. )he provisions of this Code-hall not apply to them.

?here a crime is committed #y an infant, appropriate steps may#e taken #y the family, school or guardianship authority.

Articl# 3-.7 !+#cial Proi%ion% A++lica'l# to @o,n P#r%on%.

61 ?here a crime is committed #y young persons #et%een the agesof nine and fifteen years, the penalties and measures to #eimposed #y the courts shall #e only those provided in !rticles157+1A of this Code.

Foung persons shall not #e su#"ect to the ordinary penaltiesapplica#le to adults nor shall they #e kept in custody %ith adultcriminals.

6: )he provisions of !rticles 15+1A of this Code shall not applyunless the criminal is convicted.Bo%ever, %here the young person is irresponsi#le, the provisionsof !rticles 1:9+1>> shall apply.

Articl# 34.7E;+#rt Ei(#nc# an( En9,ir&.

61 or the purpose of assessing sentence the Court may re$uireinformation a#out the conduct, education, position andcircumstances of the young criminal. It may e(amine hisparents as %ell as the representatives of the school,guardianship authorities and the institutions concerned.

)he Court may re$uire from the a#ove+mentioned persons andinstitutions the production of any files, particulars, medical andsocial reports in their possession concerning the young personand his family.

6: )he Court #efore passing penalties or measures may order theyoung criminal to #e kept under o#servation in a medical oreducational centre, a home or any other suita#le institution.

)he Court may re$uire the production of e(pert evidenceregarding the physical and mental condition of the youngperson. )he Court shall put such $uestions as may #enecessary to any e(pert for the purpose of informing itself as tothe physical and mental state of the young person and in$uire%hat treatment and measures of an educational, corrective or

protective kind %ould #e most suita#le.6> In reaching its decision the Court shall #e #ound solely #y

d fi it i tifi fi di d t # th i ti f th


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development of the young criminal, as %ell as the educationalvalue of the penalties or measures to #e applied.

)he Court may vary its order %henever it is of the opinion that

this %ill help to achieve #etter results 6!rt. 1A'.

Articl# 3:.7 Criminal% O#r Fi*t##n ',t Un(#r Ei"t##n@#ar% o* A#.

61 If at the time of the commission of the crime the criminal %asover fifteen #ut under eighteen years of age, he shall #e triedunder the ordinary provisions of this Code.

6: )he Court may, in assessing sentence, take into account thecircumstances of the case, in particular the age of the criminal,

his incorrigi#le or dangerous disposition and the likelihood of hisreform, either #y applying the general provisions regardingordinarymitigation of penalties 6!rt. 179 or #y applying one of the specialpenalties specified for young persons 6!rts. 1AA+1A.

CHAPTER II

CRIMINAL UILT

!#ction I.7 Int#ntion N#li#nc# an( Acci(#nt

Articl# 3


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6> /o person shall #e convicted for %hat he neither kne% of orIntended, nor for %hat goes #eyond %hat he intended eitherdirectly or as a possi#ility, su#"ect to the provisions governing

negligence.

Articl# 3.7 Criminal N#li#nc#.

61 ! person is. deemed to have committed a criminal act negligently%here #e acts8

6a #y imprudence;or in disregard of the possi#leconse$uences of his act %hile he %as a%are that his act%ith cause illegal and punisha#le conse$uences or

6# #y a criminal tack of foresight or %ithout consideration

%hile he should or could have #een a%are that his actmay cause illegal and punisha#le conse$uences.! person is guilty of criminal negligence %hen, havingregard to his personal circumstances, particularly tohis age, e(perience, education, occupation and rank, hefails to take such precautions as might reasona#ly #ee(pected in the circumstances of the case.

(2) Crimes committed #y negligence are lia#le to punishment only ifthe la% so e(pressly provides #y reason of their nature, gravity orthe danger they constitute to society.

)he Court shall assess sentence according to the degree of guiltand the dangerous character of the criminal, and according tohis reali&ation of the possi#le conse$uences of his act or hisfailure to appreciate such conse$uences as he ought to havedone.

!,'7%#ction II.7 Criminal ,ilt in Ca%# o* Conc,rr#nc# an(R#ci(ii%m

Articl# :0.7 Conc,rr#nt Crim#%.

! person commits concurrent crimes8

a in cases of material concurrence, %hen the criminalsuccessively commits t%o or more similar or differentcrimes, %hatever their nature or

# in cases of notional concurrence, %hen the same criminalact simultaneously contravenes several criminal provisionsor results in crimes %ith various material conse$uences or

c in the case of a criminal act %hich, though flo%ing from thesame criminal intention or negligence and violating the

i i l i i th h i t th


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concurrent provisions of the same nature if one legal provisionfully covers the criminal acts.

6: -uccessive or repeated acts against the same legally protected

right flo%ing from the same initial criminal intention ornegligence constitute one crime the criminal shall #e punishedfor the said crime and not for each of the successive acts %hichconstitute it.

-imilarly, %here the repetition or succession of criminal acts orthe ha#itual or professional nature of a crime constitutes anelement of an ordinary or aggravated crime, or %here thecriminal act ispursued over a period of time, the criminal shall #e regarded as

having committed a single crime and not concurrent materialcrimes.

6> In cases %here the criminal is regarded to have intention tocommit a specific crime, in particular %here he committed acrime on property to o#tain unla%ful enrichment or he madecounterfeit currency, used it of put it into circulation or e(ecuteda forgeddocument and used it, the su#se$uent acts performed #y thecriminal himself after the commission of the main crime for the

purpose of carrying out his initial criminal scheme shall notconstitute a fresh crime lia#le to punishment and are merged #ythe unity of intention and purpose.

Articl# :2.7 R#n#al o* ,ilt Entailin a Fr#%" P#nalt&.

?hen a criminal having committed a crime as specified in !rticleA1 commits %ith rene%ed criminal intention or negligenceanother crime of the same kind, %hether against the sameperson or the same legally protected right, such crime constitutes

a fresh crime and the Court shall aggravate the sentence onground of concurrence as provided in !rticle 1'.

Articl# :-.7 ,ilt in Ca%# o* R#lat#( Crim#%.

?hen a criminal commits a crime %ith the intention of causingor facilitating the commission of another punisha#le crime theprovisions regarding aggravation of penalty in case ofconcurrence shall apply 6!rt. 1', %hen this has #een attemptedunless such crime is declared #y la% to #e an aggravated crime.

Articl# :4.7 ,ilt In Ca%# o* Ot"#r Conc,rr#nt Mat#rial Crim#%.


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In case of notional concurrence %here the act simultaneouslycontravenes different legal provisions, the punishment shall #edetermined in accordance %ith !rticle 1761.

Articl# ::.7 ,ilt in Ca%# o* Notional Conc,rr#nc# R#%,ltin inCrim#% 5it" ?ario,% Mat#rial Con%#9,#nc#%.

61 ?hen a given crime implying an in"ury to persons or property, orthe use or arms, instruments or dangerous means, fire ore(plosives, poison or to(ic su#stances, entails an in"ury %here#ythe elements constituting a second crime have materiali&ed,%hether it #e #odily in"ury, in"ury to health, death of a human#eing or the destruction of another persons property, the Court

shall apply the follo%ing principles for determining the. guilt andthe penalty8

6a if the result achieved %as intended or foreseen andaccepted #y the criminal 6!rt. 561. ?hen he committedthe first crime, he shall #e punished for #oth the firstcrime and the resulting crime and aggravation shall applyin accordance %ith the relevant provisions 6!rts.1' andl7 6:6a, due regard #eing had to the com#ination of theelements constituting the t%o intentional crimes

6# if an intentional crime results in a crime committed #y

negligence 6!rt. 5961 there shall #e concurrence #et%eenthe intentional act and the resulting crime due tonegligence, and the Court shall increase the penaltyaccordingly 6!rt.176:6a

6c if the first crime committed #y negligence results inanother crime punisha#le for negligence there shall #econcurrence #et%een the crimes committed #y negligenceand the Court shall aggravate the penalty accordingly6!rt.176:6#.

6: !ggravation shall apply in particular %here criminal result %as

achieved #y means endangering pu#lic safety, such as arson,e(plosion, use of e(plosives or %here communication or pu#lichealth are in danger as %ell as in the case of e(posurepersons, maltreatment, #ra%l, a#ortion, rape se(ual outrages6!rts. 176:6c and 1'.

Articl# :


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!cts re$uired or authori&ed #y la% do not constitute a crime andare not punisha#le in particular8

6a acts in respect of pu#lic, -tate or military duties done

%ithin the limits permitted #y la%6# acts reasona#ly done in e(ercising the right of correction or

discipline or6c acts done in the e(ercise of private rights recogni&ed #y

la%, %here the conditions and limits of the e(ercise of suchrights are not e(ceeded.

Articl# :.7 Pro*#%%ional D,t&.

!n act done in the e(ercise of a professional duty is not lia#le to

punishment %hen it is in accordance %ith the accepted practiceof the profession and the doer does not commit any graveprofessional fault.

!,'7%#ction II.7 >,%ti*ia'l# Act% an( E;c,%#%

Articl# this Code, %hen

any person, having entered into contract of his o%n free %ill%ithout any commercial purposes, donates %hile alive or causesto #e donated after his death, his #ody, a part of his #ody or oneof his organs to another person for person use or to a "uridicalperson for appropriate and necessary scientific research ore(periment, therecipient shall not #e criminally lia#le

Articl#


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Articl#


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Articl#


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61 Ignorance or mistake of la% is no defence.6: )he Court shall, %ithout restriction, reduce the punishment 6!rt.

1 In e(ceptional cases of a#solute and "ustifia#le ignorance andgood faith and %here criminal intent is not apparent, the Courtmay impose no punishment.

!#ction III.7 E;t#n,atin an( Araatin Circ,m%tanc#%

Articl# =2.7 #n#ral E;t#n,atin Circ,m%tanc#%.

61 )he Court shall reduce the penalty, %ithin the limits allo%ed #yla% 6!rt. 179, in the follo%ing cases8

6a %hen the criminal %ho previously of good character acted%ithout thought or #y reason of lack of intelligence,ignorance or simplicity of mind

6# %hen the criminal %as prompted #y an honoura#le and

disinterested motive or #y a high religious, moral or civilconviction

6c %hen he acted in a state of great material or moraldistress or under the apprehension of a grave threat or a

"ustified fear, or under the influence of a person to %homhe o%eso#edience or upon %hom he depends

6d %hen he %as led into grave temptation #y the conduct ofthe victim or %as carried a%ay #y %rath, pain or revoltcaused #y a serious provocation or an un"ust insult or %as

at thetime of the act in a "ustifia#le state of violent emotion ormental distress

6e %hen he manifested a sincere repentance for his acts afterthe crime, in particular #y affording succour to his victim,recogni&ing his fault or delivering himself up to theauthorities, or #y repairing, as far as possi#le, the in"urycaused #y his crime, or %hen he on #eing charged, admitsevery ingredient of the crime stated on the criminalcharge.

6: ?hen the la%, In a special provision of the -pecial Part, hastaken one of these circumstances into consideration as a

tit t l t f t f t ti f i il d


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61 In addition to the cases specified under various provisions of thisCode to #e special mitigating circumstances under !rticle 1


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6: ?hen the la%, in a special provision of the -pecial Part, hastaken one of the same circumstances into consideration as aconstituent element or as a factor of aggravation of a crime, the

Court may not take this aggravation into account again.

Articl# =3.7 !+#cial Araatin Circ,m%tanc#%$ Conc,rr#nc# an(R#ci(ii%m.

In case of concurrence of crimes and recidivism, the penalty shall#e aggravated according to the provisions of !rticles 1'+1 ofthis Code.

Articl# =:.7 Ot"#r #n#ral E;t#n,atin an( AraatinCirc,m%tanc#%.

)he Court shall give reasons for applying general e(tenuating6!rt. 179 or aggravating 6!rt. 1: circumstances not e(presslyprovided for in this Code and shall state clearly its reasons forsuch application.

OO6 II

THE CRIMINAL PUNI!HMENT AND IT! APPLICATION

TITLE IPUNI!HMENT! AND OTHER MEA!URE! AND THEIR

ENFORCEMENT

CHAPTER IENERAL PRO?I!ION!

Articl# =


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6> -u#"ect to the provisions of the -pecial Part of Code, the Courtshall carefully e(amine from lightest to the most severepunishment,

determine only the penalty appropriate for each case.6' In order to ensure the correctness and uniformity sentencing,

the ederal -upreme Court shall issue a manual relating tosentencing.

Articl# =. 7 Minor Crim#%.In cases of minor crimes the Court may apply provisions of !rticle 1::

relating to reprimands or %arning or the provisions of the 4a% of PettyEffences.2inor crimes are crimes %hich are punisha#le %ith simpleimprisonment not e(ceeding three months or fine not more than onethousand *irr.

CHAPTER II

ORDIAR@ PUNI!HMENT! APPLICALE TO ADULT!

!#ction 1.7 Princi+al P,ni%"m#nt%!,'7%#ction I.7 P#c,niar& P#nalti#%

Parara+" I.7 Fin# Con*i%cation an( !#9,#%tration

Articl# 0.7 Fin# Princi+l#% to '# A++li#( 5"#n Fin# Im+o%#(.

61 ine is paid in money, and is forfeited to the -tatesu#"ect to any provision of the la% to the contrary, it may e(tendfrom ten *irr to ten thousand *irr. Bo%ever, in the case of a

"uridical person fine may e(tend from one hundred up to five

hundred thousand *irr.

6: In fi(ing the amount of the fine, the Court shall take intoconsideration the degree of guilt, the financial condition, themeans, the family responsi#ilities, the occupation and earningstherefrom, the age and health of the criminal.

6> ?hen the penalty provided, for #y the -pecial Part of this Code isonly imprisonment and the criminal is a "uridical person, thepunishment shall #e a fine not e(ceeding ten thousand *irr for acrime punisha#le %ith simple imprisonment not e(ceeding five

years, a fine of up to t%enty thousand *irr for a crimepunisha#le %ith rigorous imprisonment not e(ceeding five years,

fi f t fift th d *i f i i h #l ith


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6' ?here only fine is provided for in the -pecial Part of this Code,and %here the criminal is a "uridical person, the fine shall #e fivefold.

Articl# 1.7 T"# Im+o%ition o* Fin# in A((ition Im+ri%onm#nt.

?here the -pecial Part of this Code provides for a fine or imprisonmentas an alternative punishment for a crime, and it appears to the Courtthat, having regard to the degree of guilt and the circumstances of thecriminal, it is e(pedient so to do, it may impose #oth fine andimprisonment.

Articl# 2.7 Moti# o* ain a% an Araatin Circ,m%tanc#.

61 ?ithout pre"udice to any special provision of the prescri#ing ahigher ma(imum, %here the criminal has acted %ith a motive ofgain or %here he makes a #usiness of crime in a %ay that heac$uires or tries to ac$uire a gain %henever a favoura#leopportunity presents itself, and %here it appears to the Courtthat, having regard to the financial condition of, and the profitmade #y, the criminal, it is e(pedient so to do, it may impose afine %hich shall not e(ceed one hundred thousand *irr.

)he fine shall al%ays #e in addition to the confiscation of the

profit made.6: /ot%ithstanding that no provision is specifically made in the

-pecial Part of this Code, %here although gain is not an essentialelement of a crime, the criminal %as motivated #y gain in thecommission of such crime, the Court may impose a fine inaddition to imprisonment or measures provided #y la%.

Articl# -.7 R#co#r& o* Fin#.

61 ine shall #e paid forth%ith.

6: ?here the criminal cannot pay the fine forth%ith, the Court mayallo% a period of time for payment such period may e(tend,according to circumstances, from one to si( months.

6> ?here, having regard to the circumstances of the criminal, itappears to the Court that it is e(pedient so to do, it may directthe payment of the fine to #e made #y installments. In fi(ing theamount and the date for payment of each installment, the Courtshall take into consideration the actual means of the criminal.

)he period of payment shall not e(ceed three years.

Articl# 4.7 !t#+% Ta#n '& t"# Co,rt 5"#n Fin# i% not Pai(Fort"it".


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6: In default of payment of the fine %ithin the fi(ed period, theCourt shall give the appropriate order for the surety or securityto #e deposited.

6> ?hen the criminal is una#le or deli#erately fails to producesurety or security his property shall #e sei&ed and sold inaccordance %ith the la%. )he sale of property shall #e carriedout su#"ect to theprovision of !rticle 96>.

Articl# 3.7 Con#r%ion o* Fin# into La'o,r.

In default of payment of the fine as provided under !rticles 9>and 9', the Court shall order the criminal to settle the fine #y

doing %ork for the -tate or for any pu#lic authority.)he Court shall, taking into account the amount of the fine,determine the period %ithin %hich the fine is to #e settled.Bo%ever, the period to #e determined shall not e(ceed t%o years.

Articl# :.7 Con#r%ion o* Fin# into Com+,l%or& La'o,r.

?here the criminal is not a#le to fulfill as re$uired under !rticles9>+95, the Court shall order the conversion of the fine intocompulsory la#our.

)he period of compulsory la#our determined #y the Court underthis !rticle shall not e(ceed t%o years.

Articl#


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Court, having regard to the particular circumstances of thecase and for reasons to #e given in its "udgment, considers

"ust

6c goods, forming part of a family inheritance, of %hich thecriminal cannot freely dispose #y gift, %ill or in any othermanner

6d half of the common property %ith regard to the innocentspouse of the criminal, as %ell as the personal goods of theinnocent spouse, children or other persons of %hich thecriminal has, #y la% or custom, the charge,administration, management or po%er to dispose.

Articl# .7 !#9,#%tration o* Pro+#rt&.

?here the criminal has #een convicted and sentenced in hisa#sence for conspiring or engaging in hostile acts against theconstitutional order or the internal and e(ternal security of the-tate, the Court may in addition to any other penalty order these$uestration of his property.

)he provisions of !rticle 96> shall apply to an order ofse$uestration.

Parara+" II. Ot"#r P#c,niar& E**#ct%

Articl# 100.7 For*#it,r# to t"# !tat#.

61 !ny material #enefits given or intended to #e given to an criminalto commit a crime shall #e forfeited to the -tate.If they no longer e(ist in kind the person %ho received themshall refund their value.

6: !ny fruits of a crime shall #e forfeited to the -tate %here itso%ner or any other claimant is not found %ithin five years

starting from the date of pu#lication of notice having #een madeconcerning the recovery of the property in accordance %ith theusual procedure.?here the property is likely to #e spoiled or #ecome unfit for useit shall #e sold in accordance %ith the usual procedure and themoney shall #e entrusted to a competent authority for a periodnot e(ceeding five years.

Articl# 101.7 R#%tit,tion o* Pro+#rt& Com+#n%ation *or Dama#%( C t


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-uch claim shall #e governed #y the provisions laid do%n in theCriminal Procedure Code.

Articl# 102.7 Com+#n%ation to In8,r#( Part&.

61 ?here it appears that compensation %ill not #e paid #y thecriminal or those lia#le on his #ehalf on account of thecircumstances of the case or their situation, the Court may orderthat the proceeds or part of the proceeds of the sale of thearticles distrained, or the sum guaranteed as surety, or a part ofthe fine or of the yield of the conversion into %ork, or confiscatedproperty #e paid to the in"ured party.

6: )he claim of the in"ured party %ho has #een compensated shall

#e assigned to the -tate %hich may enforce it against the person%ho caused the damage.

!,'7%#ction II.7 Com+,l%or& La'o,r an( P#nalti#% Entailin Lo%% o*Li'#rt&Parara+" I.7 Com+,l%or& La'o,r

Articl# 10-.7 Com+,l%or& La'o,r it" D#(,ction o* 5a#% to t"##n#*it o* t"# !tat#.

61 ?here the crime is of minor importance and is punisha#le %ith

simple imprisonment for a term not e(ceeding si( months, theCourt may, if the criminal is healthy and is not a danger tosociety, sentence him to compulsory la#our %ithout anyrestriction of personal li#erty su#"ect ho%ever to supervision.

)his penalty may e(tend from one day to si( months.6: )he criminal shall serve his sentence of compulsory la#our at the

place %here he normally %orks or is employed or in a pu#licesta#lishment or on pu#lic %orks.

!n amount not e(ceeding one third of the criminals %ages orprofits shall #e deducted and forfeited to the -tate.

6> )he amount to #e deducted, the place %here the sentence is to#e served, and the period thereof and the nature of thesupervision shall #e stated in the "udgment.

Articl# 104.7 Com+,l%or& La'o,r 5it" R#%triction o* P#r%onalLi'#rt&.

61 ?here the circumstances of the case sho% that it is proper ornecessary so to do, especially %here the criminal fails todi h hi #li ti ifi d d ! ti l 161 #


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-uch restriction may re$uire the criminal to discharge thecompulsory la#our #y remaining in a particular place of %ork, or%ith a particular employer, or in a particular esta#lishment, or

%ithout leaving his residential area or a restricted area under thesupervision of government officials.

6> If the criminal fails to comply %ith any such re$uirement, heshall #e lia#le to simple imprisonment for a period e$ual to anyunfinished period of the sentence of compulsory la#our.

Articl# 103.7 !,%+#n%ion o* !#nt#nc# D,rin Illn#%%.

?hen the criminal apart from the conditions laid do%n under!rticle 97 of this Code, falls ill during the period of his sentence

of compulsory la#our, he shall not #e re$uired to do any %orkuntil he recovers.?hen the criminal recovers he shall #e ordered to resume thecompulsory la#our if he is not a#le to resume the compulsoryla#our he shall #e ordered to carry out another %ork %hich issuita#le to his health and personal circumstances. ?here it isimpossi#le to give or implement such an order, the Court maynot impose another penalty on the criminal.

Parara+" II.7 P#nalti#% Entailin Lo%% o* Li'#rt&

Articl# 10:.7 !im+l# Im+ri%onm#nt.

61 -imple imprisonment is a sentence applica#le to crimes of a notvery serious nature committed #y persons %ho are not a seriousdanger to society.

?ithout pre"udice to conditional release, simple imprisonmentmay e(tend for a period of from ten days to three years.Bo%ever, simple imprisonment may e(tend up to five years

%here, o%ing to the gravity of the crime, it is prescri#ed in the-pecial Part of this Code, or %here there are concurrent crimespunisha#le %ith simple imprisonment, or %here the criminal has#een punished repeatedly.)he Court shall fi( the period of simple imprisonment in its"udgment.

6: )he sentence of simple imprisonment shall #e served in suchprison or in such section thereof as is appointed for the purpose.

Articl# 10


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insteadof the sentence of simple imprisonment.

)he provisions of this !rticle shall have effect not%ithstanding that no

provision is made in the -pecial Part for the application of a sentence ofcompulsory la#our instead of one of simple imprisonment.

Articl# 10=.7 Rioro,% Im+ri%onm#nt.

61 igorous imprisonment is a sentence applica#le only to crimes ofa very grave nature committed #y criminals %ho are particularlydangerous to society.*esides providing for the punishment and for the reha#ilitationof the criminal, this sentence is intended also to provide for a

strict confinement of the criminal and for special protection tosociety.?ithout pre"udice to conditional release, the sentence of rigorousimprisonment is normally for a period of one to t%enty+five years#ut %here it is e(pressly so laid do%n #y la% it may #e for life.

6: )he sentence of rigorous imprisonment shall #e served in suchprisons as are appointed for the purpose.

)he conditions of enforcement of rigorous imprisonment are

more severe than those of simple imprisonment.

Articl# 10.7 Common Proi%ion%.

)he follo%ing provisions are common to #oth forms of imprisonment.)hey shall have, as their aim, the achievement of the purpose thedetermination of the penalties had in vie%.

egulations relating to prisons shall provide for the manner of

e(ecution of sentences, the admission to prison, the segregation ofprisoners, the contact of prisoners %ith persons outside, the internaldisciplinein the prisons, and for the education and spiritual %elfare of theprisoners.

Articl# 110.7 !#+aration o* !#;#% an( !#r#ation.

61 Prisoners of different se(es shall serve their sentences indifferent prisons and, in default of this, prisoners of different

se(es shall #e kept in different sections of the same prison andshall not #e allo%ed to mi( %ith prisoners of the other se(.

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detained for civil de#t shall #e kept separate from prisonersserving sentence.

111.7 O'liation to Do 5or an( #n#*it% Accr,in T"#r#*rom.

61 ! prisoner serving a sentence %ith deprivation of personal li#ertyshall #e under an o#ligation to do %ork and such o#ligation is anessential element in the sentence.! prisoner in good health shall #e compelled to do such %ork as%ill #e assigned #y the Director of Prisons. -uch %ork shall #esuita#le to the prisoners a#ility and shall #e of such nature as toreform and educate the prisoner and to #e conducive to hisreha#ilitation.

6: ! prisoner compelled to %ork shall, if his %ork and conduct aresatisfactory, #e entitled to receive compensation for every days%ork.

)he amount of such daily compensation, the manner of keepingit during the period of imprisonment and the manner of itspayment upon release from imprisonment shall #e governed #yregulations relating to prisons.

Articl# 112.7 ?ariation o* Con(ition% o* Im+ri%onm#nt.

?ith a vie% to ensuring that the sentence has the effect ofreforming the prisoner and of ena#ling him to resume a normalsocial life on his release, the e(ecution of the sentence shall #ecarried out in accordance %ith the follo%ing provisions in this!rticle and %ith such other provisions as may #e laid do%n #yregulations relating to prisons8

61 )he prison administration may, %henever it appears necessaryso to do, impose solitary confinement at the #eginning or in the

course of the e(ecution of the sentence for a ma(imum of threemonths.*efore imposing solitary confinement the prison administrationshall determine the measure and duration of such confinementafter consultation %ith a medical doctor and, %here necessary, apsychiatrist.

6: )he prisoner shall #e #ound to %ork either alone or together%ith others according to the re$uirements and conditionsprevailing at the time.

Eutside periods of %ork and during the night, prisoners shall, asfar as possi#le, #e kept isolated.


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Articl# 11-.7 Con(itional R#l#a%# '#*or# E;+ir& o* P#rio( o*!#nt#nc#.

61 *efore the e(piry of a sentence of imprisonment, the prisonermay #e released on pro#ation, if his conduct has #eensatisfactory and other conditions laid do%n #y la% 6!rt. :


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Death sentence shall not #e carried out on fully or partiallyirresponsi#le or seriously ill person or on a pregnant %oman,%hile they continue to #e in that -tate.

Articl# 120.7 Comm,tation o* !#nt#nc# o* D#at".

61 In the case of a %oman %ith child and such child is #orn aliveand the mother has to nurse such child, the death sentence may#e commuted to rigorous imprisonment for life.

6: ! sentence of death may #e commuted or remitted #y %ay ofpardon or amnesty in accordance %ith the provisions of thisCode 6!rts. ::9 and :>

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criminal has, #y his unla%ful act or omission, sho%n himselfun%orthy of the e(ercise of any of the follo%ing rights, the Courtmay make an order depriving the criminal of8

6a his civil rights, particularly the right to vote, to take part inany election or to #e elected to a pu#lic office or office ofhonour, to #e a %itness to or a surety in any deed ordocument, to #e an e(pert %itness or to serve as assessoror

6# of his family rights, particularly those conferring the rightsof parental authority, of tutorship or of guardianship or

6c his rights to e(ercise a profession, art, trade or to carry onany industry or commerce for %hich a license or authorityis re$uired.

Articl# 124.7 P#rio( o* D#+riation.

6l !ny deprivation 6!rt. 1:> may #e permanent or temporary and%here temporary shall #e from si( months to five years.In fi(ing the period in each case the Court shall take intoconsideration the gravity of the crime, the antecedents andcharacter of the criminal, the danger of a relapse into crime, theneed for, and utility of the deprivation or the pro#a#le effect of thepunishment and the interests of society.

6: ! sentence of death or of rigorous imprisonment carries %ith it thedeprivation of all civil rights. ?hen deciding a sentence of rigorousimprisonment, the Court shall determine the duration of thedeprivation of civil rights. -u#"ect to the e(ercise of pardon 6!rt.::9 and amnesty 6!rt. :>:+:>7 suchdeprivation shall #e permanent in the case of a sentence of death orof rigorous imprisonment for life.

Articl# 123.7 Dat# *rom 5"ic" D#+riation !"all "a# E**#ct.

61 !ny deprivation shall have effect from the day on %hich the"udgment #ecomes final.

6: In the case of temporary deprivation the period fi(ed shall #eginto run from the day of e(piry of the term of the principalsentence or the day on %hich the principal sentence %asremitted or #arred #y limitation.In the case of conditional release from a sentence restrictive ofpersonal li#erty, and %here the criminal has #een of good

conduct during the period of such release, the deprivation orsuspension of the e(ercise of rights shall #egin to run from thed f l


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! criminal may #e reinstated into the e(ercise of his rights in thecases and under the conditions laid do%n #y la% 6!rts. :>:+:>7.

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a#use of narcotics or any other pathological deficiency andre$uires to #e treated or placed in a hospital or asylum theCourt shall order his treatment in a suita#le institution or

department of an institution.6: ?here the Court is satisfied that the criminal is not dangerous

and can #e treated as an out+patient, it shall order accordingly.)he Court shall then order that the criminal #e kept underproper supervision and control either #y the medical e(pert incharge of the case or #y some other competent authority. !norder made under this !rticle may #e revoked at any time %hereit is kno%n that it is unrelia#le or cannot produce positive result.*efore revoking the order or taking other appropriate measures,the Court may re$uire from the medical e(perts or other

competent authority such report as it considers necessary.

Articl# 1-2.7 D,ration o* Con*in#m#nt or Tr#atm#nt.

61 )he competent administrative authority shall carry out theCourts decision concerning treatment and confinement.

)reatment and confinement shall #e of indefinite duration #utthe Court shall revie% its decision every t%o years.!s soon as, according to e(pert opinion, the reason for themeasure has disappeared the administrative authority shall,

after having referredthe matter to the Court and upon its decision, put an end to themeasure ordered.

6: !lthough the cause due to %hich the measure %as ordered is notfully eliminated, the Court may, at any time during theenforcement of the treatment or confinement, order thetemporary suspension of such a measure in accordance %ith theadministrative authoritys report %here its propriety has #eenconfirmed #y e(pert opinion.

)he Court shall release the criminal to the supervision of aselected protector for not less than one year and shall in additionimpose such conditions as may #e necessary 6!rt. : !ny order made under this !rticle may at any time #e revoked%here pu#lic safety or the condition of the released person sore$uires.If the pro#ation period is successfully undergone, the releaseshall #e final.

Articl# 1--.7 E**#ct o* Limit#( R#%+on%i'ilit& ,+on P#nalt&.

61 I th f i i l f li it d i#ilit #" t t th


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penalty is still necessary and determine in accordance %ith theprovision of !rticle 11A of this Code %hether or not the period ofconfinement or treatment should #e deducted from the sentence

unserved.)he Court shall take into account the gravity of the crimecommitted, the antecedents and character of the criminal, theeffect the internment or treatment had upon his condition andthe likelihood of his permanent recovery.

6> /o penalty shall #e enforced %here the Court considers itine(pedient so to do.

!#ction II.7 ENERAL MEA!URE! FOR PURPO!E! OFPRE?ENTION AND PROTECTION

Articl# 1-4.7 Princi+l#.

)he general preventive and protective measures provided in thisChapter may #e applied together %ith the principal penalty orafter the principal penalty has #een undergone %hen, in theopinion of the Court, the circumstances of the case "ustify.!ll such measures must #e specifically ordered #y the Court onsuch conditions and in all such cases as it deems necessary,not%ithstanding that no provision is made in the -pecial Part of

this Code for their application.

!,'7%#ction I.7 M#a%,r#% o* a Mat#rial Nat,r#

Articl# 1-3.7 ,arant## o* oo( Con(,ct Princi+l#.

(1) ?hen a convicted person indicates his intention to commit afurther crime or %hen it is likely that he %ill commit a furthercrime as in a case of declared hostility or threat, the Court mayre$uire him to enter into a recogni&ance to #e of good #ehaviour

together %ith a surety or sureties.6: )he recogni&ance shall #e for a period of from one to five years.

)he surety shall #e in the form of a personal or monetaryguarantee.

6> )he Court shall determine the duration of the recogni&ance andthe value of the guarantee according to the nature and gravity ofthe threat and having regard to the personal and materialcircumstances of the criminal or his guarantors.

)he recogni&ance of the guarantee shall #e recorded in the

"udgment.

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6: )he Court shall at the same time determine the duration of suchdetention. -ave in e(ceptional circumstances such as a rene%alof the threats or the o#vious persistence of the dangerous

disposition or ill+%ill of the person concerned, the detention shallnot e(ceed three months.

)he Court may, on application for good reason release theconvicted person under supervision 6!rt 61' or grant a furtherdetention for a period of not more than three months, if safety sore$uires. )hetotal period of detention may in no case e(ceed si( months.

6> ?hen ade$uate sureties or guarantees are furnished the prisonershall #e set free.

Articl# 1-


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#een o#tained as the result of a crime, %hen they endangerpu#lic order, safety, health or decency.

It may order that the sei&ed articles #e either destroyed,rendered useless or handed over to a police or a criminologicalinstitute.

6: Interests of innocent third parties shall #e protected and%eapons or instruments the possession of %hich is not for#idden#y la% shall #e returned to their o%ner.

Articl# 141.7 Common Proi%ion$ #n#ral Pr##nti# A++lication.

! person may, #efore prosecution or during trial, #e re$uired toenter into a recogni&ance to #e of good #ehaviour %here suchperson #ehaves or is likely to #ehave in a manner %hichthreatens peace or security of the pu#lic or a mem#er thereof.

!n order for sei&ure of any dangerous article may %herecircumstances so "ustify #e made on any person in accordance%ith !rticle 1'< even in cases %here such person cannot #echarged or convicted.

!,'7%#ction II.7 M#a%,r#% Entailin R#%triction% on Actiiti#%

Articl# 142.7 !,%+#n%ion an( 5it"(raal o* a Lic#n%#.

In the case of a grave or repeated crime committed #y any physical or"uridical person holding an official license entitling him;it to carry outany profession or activity the Court may, in addition to the penaltyimposed, order the %ithdra%al of the license for a period of from one

monthto one year.

In cases of recidivism or of a particularly grave danger the license may#e revoked for good.

/othing in this !rticle shall affect the provisions of !rticle 1:>6c.

Articl# 14-.7 Pro"i'ition an( Clo%in o* an Un(#rtain.

In addition to the penalty imposed upon the criminal the Court mayorder that any undertaking or esta#lishment %hether commercial,i d t i l


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oneyear.

Articl# 144.7 E**#ct o* Non7o'%#ranc#.

61 2easures prescri#ing closing do%n, suspension or prohi#itionmay #e general or limited to a specified time, place or area asdetermined in the "udgment.

)hey imply a prohi#ition of the continuance of the for#iddenactivity either #y the convicted person or a third party #y%hatever name or management.

6: Infringements of a prohi#ition under this !rticle shall #epunished under !rticle '59.

?here an esta#lishment or centre has #een reopened in violationof a prohi#ition it shall #e %ound up and the assets disposed ofaccording to la%.

!,'7%#ction III.7 M#a%,r#% Entailin a R#%triction on P#r%onal

Li'#rt&

Articl# 143.7 Pro"i'ition *rom R#%ortin to C#rtain Plac#%.

61 In addition to the penalty the Court may restrain the convictedperson from having access to or remaining in certain places theresorting to %hich contri#uted to the commission of the crime ormay e(pose the criminal to committing fresh crimes, inparticular pu#lic+houses, inns, entertainment halls, markets andother pu#lic places.

6: )he Court shall specify in its "udgment the e(tent and durationof the restraint %hich may #e from three months to one year.

Articl# 14:.7 Pro"i'ition to !#ttl# Don or R#%i(# in a Plac#.

61 ?here it #ecomes necessary for purposes protection as laiddo%n in !rticle 1'5, a similar prohi#ition may #e ordered inrespect of settlement or residence in a to%n, village or a specifiedarea.

6: It shall #e of a temporary nature having regard to the gravity of

the crime, the character of the criminal and the circumstances ofthe case. ! temporary prohi#ition may #e for a period of from

t t


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imprisonment of three years or more, or to an irresponsi#le orpartially responsi#le criminal recogni&ed #y e(pert opinion as adanger to pu#lic order.

)he duration of e(pulsion shall #e specified in the "udgment.

6: )he Court shall, prior to its decision, consult the competentpu#lic authority.

/othing in this !rticle shall affect the provisions of internationalconventions.

6> )he application of any other measure does not preclude

e(pulsion.Articl# 131.7 En*orc#m#nt.

61 )he enforcement of an order of e(pulsion shall #e the duty of thecompetent pu#lic authority and shall #e effected in accordance%ith the relevant administrative regulations.

6: In the case of a sentence entailing loss of li#erty the order ofe(pulsion shall #e carried out after the sentence has #een servedor remitted through pardon or amnesty.

6> In the case of a criminal %hose responsi#ility is limited and%hen circumstances so "ustify the penalty may #e first enforcedand e(pulsion su#stituted for the ordinary measures of safety6!rt.1>1.

In the case of an irresponsi#le person e(pulsion may, ifappropriate in the circumstances of the case, #e su#stituted forthe measures of confinement or treatment.

Articl# 132.7 !,%+#n%ion o* t"# M#a%,r#% '& a& o* Pro'ation.

?hen a criminal has #een sentenced to a penalty entailing loss ofli#erty and his conditional release is ordered, the suspension ofthe order concerning prohi#ition from residing in a specifiedplace, o#ligatory residence or e(pulsion may #e ordered #y theCourt #y %ay of pro#ation and su#"ect to possi#le revocation, onsuch general terms and under such guarantees as are provided#y la% 6!rt. :


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!,'7%#ction I?.7 M#a%,r#% *or P,r+o%#% o* In*ormation

Articl# 134.7 Noti*ication to t"# Com+#t#nt A,t"orit&.

In every case %here the Court pronounces a secondary penalty ora protective or preventive measure as provided in the foregoing-ections, it shall notify %ithout delay the administrative, civil,military or police authority concerned or any other competentpu#lic authority %ith a vie% to the enforcement of the decisionand the control of its o#servation.

It shall, in each case, determine to %hat e(tent the decision shall#e made pu#licly kno%n in order to ensure its efficacy.

Articl# 133.7P,'lication o* t"# >,(m#nt.

61 ?henever the general interest or that of the accused or of thein"ured person so re$uires the Court shall order the pu#licationof the "udgment or parts thereof.

-uch pu#lication shall #e ordered as a matter of course %hen itserves the pu#lic interest it shall #e effected only on a %rittenre$uest #y the interested party %hen it serves private interests.

6: )he Court shall determine the conditions under %hich thepu#lications shall take place and their num#er, according tousage, the circumstances of the case and e(pediency.

Pu#lication may #e effected #y means of posters in a pu#licplace, or through other mass media.

Articl# 13:.7 Entr& in >,(m#nt R#i%t#r.

61 Penalties and measures pronounced in a "udgment shall #eentered in the "udgment register of the person concerned incases %here such an entry is re$uired #y la% and in accordance%ith the provisions of the order relating thereto.

)hese provisions shall also determine the particulars to #eincluded in the entries and their duration, the e(tent to %hichthey may #e communicated to other people having a "ustifiedinterest therein, as %ell as the conditions under %hich they may#e cancelled and the effect thereof in case of reinstatement.

6: !s a general rule, e(tracts from entry in "udgment register arei t d d t #l th t t " di i l th iti t t i


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CHAPTER I?

MEA!URE! AND PENALTIE! APPLICALE TO @OUN PER!ON!

!#ction I.7 P#rio( #t##n A#% o* Nin# an( Fi*t##n

!,'7%#ction I.7 Or(inar& M#a%,r#%.

Articl# 13, the Courtshall order one of the follo%ing measures having regard to thegeneral provisions defining the special purpose to #e achieved6!rt. 55 and after having ordered all necessary in$uiries for itsinformation and guidance 6!rt. 5'.

Articl# 13=.7 A(mi%%ion to a C,rati# In%tit,tion.

If the condition of the young criminal re$uires treatment and

%here he is fee#le minded, a#normally arrested in hisdevelopment, suffering from a mental disease, epileptic oraddicted to drink, a#use of narcotic and psychotropic su#stancesor other plants %ith similar effect the Court shall order hisadmission to a suita#le institution %here he shall receive themedical care re$uired #y his condition.Bis treatment shall %here possi#le include education andinstruction.

Articl# 13.7 !,+#ri%#( E(,cation.

61 If the young criminal is morally a#andoned or is in need of careand protection or is e(posed to the danger of corruption or iscorrupted, measures for his education under supervision shall#e ordered.

Be shall #e entrusted either to relatives or if he has no relativesor if these have proved to #e incapa#le of ensuring his education,to a person 6guardian or protector, a relia#le person, ororgani&ation for the education and protection of children.

)he supervisors mentioned in the preceding paragraph shalld t k i iti # f th C t th t th ill d th i


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6: -pecific conditions such as regular attendance at a school or theo#ligation to undergo an apprenticeship for a trade, theprohi#ition to associate %ith certain persons or resort to certain

places, the o#ligation to appear personally #efore, or to report oncertain dates to the supervisory authority may #e imposed.

-uch conditions may, according to their nature and purpose, #eordered either in respect to the young person or to the persons%ho vouch for his good conduct.

6> ! recall or a formal admonition may, if necessary, #e sent tosuch persons #y the supervisory authority or the Court.

)he custody and education of an infant may at all times #e%ithdra%n from the person or organi&ation entrusted there%ith ifthey prove to #e incapa#le of discharging their trust in a propermanner.

Articl# 1:0.7 R#+riman( C#n%,r#.

61 ?hen such a course seems appropriate and designed to producegood results the Court may reprimand the young criminal.

It shall direct his attention to the conse$uences of his act andappeal to his sense of duty and his determination to #e of good#ehaviour in the future.

6: )his measure may #e applied alone %hen the Court deems itsufficient for the reform of the young criminal, having regard tohis capacity of understanding and the not serious nature of thecrime or the circumstances of its commission.

If e(pedient, it may #e coupled %ith any other penalty or

measure.

Articl# 1:1.7 !c"ool or Hom# Arr#%t.

In cases of small gravity or %hen the young criminal seems likelyto reform, the Court may order that he #e kept at school or in hishome during his free hours or holidays and perform a specifictask adapted to his age and his circumstances.

)he Court shall determine the duration of the restraint in a

manner appropriate to the circumstances of the case and thedegree of gravity of the crime committed.


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account the #ad character, antecedents or disposition of theyoung criminal as %ell as the gravity of the crime and thecircumstances under %hich it %as committed.

)he young criminal shall there receive, under appropriatediscipline, the general, moral and vocational education6apprenticeship needed to adapt him to social life and thee(ercise of an honest activity.

Articl# 1:-.7 D,ration o* t"# M#a%,r#%.

61 2easures for treatment 6!rt. 15 and supervised education 6!rt.159

The Criminal Code of The Federal Democratic Republic of Ethiopia (2004)

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