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rehabilitation (Articles 206–212). The conditions upon which anticipatory release may be granted are set forth in Article 207. Article 207. Conditions for Release
The Court may, on the recommendation of the Management of the institution order conditional release :
(a) if, during the requisite period of performance of the penalty or the measure entailing loss of liberty, the offender, by his work and conduct, gave tangible proof of his improvement; and
(b) if he has repaired, as far as he could reasonably be expected to do, the damage found by the Court or agreed with the aggrieved party; and
(c) if the character and behaviour of the offender, as well as the living conditions he may expect to find upon his discharge, warrant the assumption that he will be of good conduct when released and that the measure will be effective.
If the released person is of good behavior until the expiration of the period of probation, his release is final and his penalty extinguished. The minimum period of probation is five years in the case of the release of a prisoner sentenced to rigorous imprisonment for life. It is usually for a period of from two to five years (Article 209).
There are special provisions for dealing with “dangerous felons.” In certain enumerated instances (Article 81), called “general aggravating circumstances,” or “ordinary aggravation" (Article 188), the court must increase the sentence which it would normally impose. The court is still bound by the maximum sentences specified for each crime. Article 81. General Aggravating Circumstances
(1) The Court shall increase the penalty as provided by law (Art. 188) in the following cases :
(a) when the offender acted with treachery, with perfidy, with a base motive such as envy, hatred, greed, with a deliberate intent to injure or do wrong, or with special perversity or cruelty ;
(b) when he abused his powers, or functions or the confidence, or authority vested in him ;
(c) when he is particularly dangerous on account of his antecedents, the habitual or professional nature of his offence or the means, time, place and circumstances of its perpetration, in particular if he acted by night or under cover of disturbances or catastrophes or by using weapons, dangerous instruments or violence;
(d) when he acted in pursuance of a criminal agreement, together with others or as a member of a gang organized to commit offences and, more particularly, as chief, organizer or ringleader;
(e) when he intentionally assaulted a victim deserving special protection hy reason of his age, state of health, position or function, in particular a defenceless, feeble-minded or invalid person, a prisoner, a relative, a superior or inferior, a minister of religion, a representative or a duly constituted authority, or a public servant in the discharge of his duties.
(2) When the law, in a special provision of the Special Part, has taken one of the same circumstances into consideration as a constituent element or as a factor of aggravation of an offence, the Court may not take this aggravation into account again. Article 188. Ordinary Aggravation
In general cases of aggravation provided by law (Art. 81) the court shall determine the penalty within the limits specified in the relevant provision of the Special Part, taking into account the nature and the multiplicity of grounds of aggravation, as well as the degree of guilt of the offender, if necessary by going to the extent of imposing the maximum sentence enacted. Such maximum is binding upon it.
In addition, the court must give written reasons for finding extenuating or aggravating circumstances which are not expressly provided for by the Code (Article 83). Some aggravating circumstances are included in the definition of the crime. In such cases, the aggravated crime will carry the greater penalty. For example, "aggravated homicide homicide in the first degree" (Article 522) carries greater penalties than "homicide in the second degree" (Article 533), and the difference stems from the manner in which the offense is carried out. Aggravated homicide is punishable with rigorous imprisonment for life, or death. There is a compulsory death sentence where the offender has committed murder in the first degree while serving a sentence of rigorous imprisonment for life. The motive of this law is obviously to find a means of controlling the behavior of convicts serving life sentences.
A comparison of the penalties for homicide by negligence (Article 526) with those of $1603, negligent homicide, shows that the Ethiopian Penal Code imposes a less severe penalty. Article 526. Homicide by Negligence
(1) Whosoever, by criminal negligence, causes the death of another, is punishable with simple imprisonment or fine.
(2) Simple imprisonment shall not exceed five years where the homicide is caused by a person who has a special professional duty to safeguard life.
Likewise, although “extenuated homicide" (Article 524) is roughly equivalent to manslaughter under $1602 of the proposed Federal Code, it carries a much milder sentence of simple imprisonment not exceeding five years. In the area of unintentional homicide, the committee should ask what reasonable purpose is served by the imposition of lengthy prison sentences.
The Ethiopian Penal Code contains mandatory minimum prison sentences for some offenses. For example, there is an article making it a crime to fail to give aid to others in certain circumstances. If the offender was under an obligation to provide such aid, then there is a mandatory minimum imprisonment. Article 547. Failure To Lend Aid to Another
(1) Whosoever intentionally leaves without help a person in imminent and grave peril of his life, person or health, when he could have lent him assistance, direct or indirect, without risk to himself or to third parties, is punishable with simple imprisonment not exceeding six months, or fine.
(2) Simple imprisonment shall be in addition to the fine, and shall be from one month to one year, where :
(a) the victim has been wounded by the offender himself no matter in what circumstances or by what means; or
(b) the offender was under an obligation, professional or contractual, medical, maritime or other. to go to the victim's aid or to lend him assistance.
The Ethiopian Penal Code contains an article on publicity for judgments. It is not, however, limited in its applicability to convicted organizations. Article 159. Publication of the Judgment
(1) Whenever the general interest or that of the accused or of the injured person so requires the Court shall order the publication of the judgment or parts thereof.
Such publication shall be ordered as a matter of course when it serves the public interest; it shall be effected only on request when it serves private interests.
Where an accused person is convicted he shall be liable for the costs of such publication. In case of acquittal they shall be borne by the complainant or informer or, failing such, by the State.
(2) The Court shall determine the conditions under which the publications shall take place and their number, according to usage, the circumstances of the case and expediency.
Publication may be effected by means of posters in a public place, notices issued in an official or a privately owned gazette, or by the town-crier.
Another article gives the court authority to order the offender to make a public apology to the victim of the offense. Article 121. Caution, Reprimand, Admonishment, and Apology
(1) Where the court considers that an appeal to the honour of the offender will have beneficial effects on the offender and on society at large, it may in open court, either during the trial or in its judgment, caution, admonish or reprimand the offender.
The Court may also order the offender to make a public apology to the person injured by the offence, or to the persons having rights from such injured person.
(2) The Court may apply any of the punishments mentioned in this Article instead of the principal punishment where it is specifically laid down by law that such punishments apply to minor offences; or where extenuating circumstances are present (Art. 79 and 80); or where the law provides for a free mitigation of the punishment (Art. 185); or where enforcement of the sentence is postponed (Art. 196).
There is a section in the Ethiopian Code called "Measures against Recidivists and Habitual Offenders.” Such persons are sent to special institutions where they are "interred” and are subject to stricter supervision than ordinary facilities can offer. Applicable articles on this subject are as follows. Article 128. Internment
(1) Where an offender who has served several sentences involving loss of liberty and who shows an ingrained propensity to evil doing, misbehavior or incurable laziness, or habitually derives his livelihood from crime, is convicted for a further offence punishable with imprisonment not exceeding five years the Court shall order internment in place of any other penalty of loss of liberty.
(2) Internment may be ordered where the new offence is intentional and denotes the dangerous disposition of the offender, notwithstanding that it is not serious or not of the same kind as the previous offences. Article 129. Conditions of Enforcement
(1) Internment shall be undergone in an institution, labour colony, or place of relegation used for such purpose.
Persons interned shall perform the work assigned to them.
(2) Conditions in such institutions shall be analogous to those applied in penitentiary institutions in general (Art. 109–111) subject to such restrictions or stricter measures of supervision as may be justified.
Particulars of such measures shall be laid down in regulations. Article 130. Duration
(1) Internment shall be ordered without fixing its duration. But no offender shall be kept to internment for less than two years or more than ten years. Internment shall always be subject to conditional release.
The period of remand shall not be taken into consideration (Art. 114).
(2) At any time after two years of internment have been completed the Court, having regard to the gravity of the case may, on the recommendation of the Director of the institution where the offender is interned, order his conditional release on the usual conditions (Art. 206–212).
In addition, there is an article which provides for increased penalties in cases where a sentence has been previously served by the offender for the same offenses. Article 193. Aggravation in Case of Recidivism
(1) Where an offense is committed after a sentence has been served in whole or in part in respect of a former offence (Art. 83 (b)), the Court shall aggravate the penalty and is not bound by the provisions of the Special Part of this Code. It may exceed the penalty provided for the offence, haying regard to the circumstances of the new offence, the degree of guilt and the danger represented by the offender and is bound solely by the general maximum specified for the kind of penalty imposed.
(2) Nothing in this Article shall affect the provisions relating to internment in cases specified under Article 128 of this Code.
As previously discussed, a court in Ethiopia may find extenuating or aggravating circumstances which are not mentioned in the Code. In such cases, the court's reasons must be stated in writing. Article 83. Other Circumstances
The Court shall give reasons for applying extenuating or aggravating circumstances not expressly provided for in this Code and shall state clearly its reasons for taking this exceptional course. Article 84. Cumulation of Extenuating and Aggravating Circumstances
(1) If there exists both extenuating and aggravating circumstances the Court shall take both into consideration in determining the sentence.
(2) In the event of concurrent aggravating and extenuating circumstances the Court shall first fix the penalty having regard to the aggravating circumstances and then shall reduce the penalty in light of the extenuating circumstances.
Sentences may be reviewed on appeal by a higher Ethiopian court. The powers of appellate courts are stated in the Criminal Procedure Code of The Empire of Ethiopia of 1961. Article 195. Powers of Court of Appeal
(1) At the hearing of an appeal the court of appeal shall dismiss the appeal where there is no sufficient ground for interference.
(2) Where it considers that there is sufficient ground for interference, the court of appeal may :
(a) on an appeal from an order of acquittal or discharge reverse such order and direct that the accused be retried by a court of competent jurisdiction or find him guilty and sentence him according to law; or
(b) on an appeal from conviction and sentence:
(ii) with or without altering the finding, maintain, increase or reduce the sentence;
(c) on an appeal from conviction only reverse the finding and sentence and acquit the accused ;
(d) on an appeal from sentence only maintain, increase or reduce the sentence.
(3) Where the court of appeal confirms the conviction but alters the sentence or vice versa a second appeal shall lie only in respect of the conviction or sentence which has been altered.
Sentencing for concurrent offenses is governed by the provisions of Article 82 (1) (a), which defines "material concurrence" (when the offender successively committed several offenses, whatever their nature) and “notional concurrence" (when the act simultaneously contravenes several criminal provisions). Generally, only one penalty, the most severe, is allowed. In these cases, "the penalty shall be aggravated under the relevant special provisions [Articles 189–193].” The major provisions are as follows. Article 189. Circumstantial Aggravation in Case of Concurrent Offences
(1) In case of material concurrence of offences (Art. 82 (a)) the court shall determine the penalty on the basis of the general rule set out hereafter, taking into account, for the assessment of the sentence, the degree of guilt of the offender:
(a) where capital punishment is provided for one of the concurrent offences this penalty shall override any other penalties entailing loss of liberty :
(b) in case of several penalties entailing loss of liberty being concurrently applicable the court shall pass an aggregate sentence as follows: it shall impose the penalty deserved for the most serious offence and shall increase its length taking into account the provisions of the law or the concurrent offences; it may, if it thinks fit, impose a penalty exceeding by half the basic penalty without, however, being able to go beyond the general maximum fixed by law for the kind of penalty applied ;
(c) in case of concurrence between a penalty entailing loss of liberty and a fine the court may impose both penalties taking into account the various provisions applicable or the concurrent offences; it may not exceed the general maximum prescribed by law for each kind of penalty ;
(d) in cases where several fines have to be applied the Court shall impose a single fine the amount of which shall not exceed the aggregate amount of the separate fines, nor the general maximum amount provided by law, save in cases where the offender acted for gain (Art. 90).
(e) where the court orders the forfeiture of the property owned by the offender it may not, in case of concurrence, impose a fine either as principal or as secondary penalty.
(2) Any secondary penalty or preventive, corrective or safety measure may be applied even though its application is justified under only one of the relevant provisions or in respect of only one of the concurrent offences. Article 192. Simultaneous Breach of Several Provisions
Where by one and the same act the offender committed a breach of several criminal provisions (notional concurrence Art. 82 (a)), the Court may aggravate the penalty according to the provisions of Art. 189 where the offender's deliberate and calculated disregard for the law justifies aggravation; it shall he bound to do so in cases of aggravation expressly provided by law (Art. 63 (2)).
In other cases, the Court may only impose the maximum penalty prescribed by the most severe of the relevant provisions.
Under Article 195 of the Criminal Procedure Code, supra, the appellate court may impose an appropriate sentence in the case of a partial reversal.
The Ethiopian Penal Code has a special provision for economic crimes which has a broader application when the court finds that the offender had an economic motive for commission of any crime. Article 90. Motive of Gain as an Aggravating Circumstance
(1) Without prejudice to any special provision of the law prescribing a higher maximum, where the offender has acted with a motive of gain or where he makes a business of crime in a way that he acquires or tries to acquire a gain whenever a favourable opportunity presents itself, and where it appears to the Court that, having regard to the financial condition of, and the profit made by, the offender, it is expedient so to do, it may impose a fine which shall not exceed ten thousand dollars.
The amount of the fine shall always be in addition to the confiscation of the profit made.
(2) Notwithstanding that no provision is specifically made in the Special Part of this Code, where although gain is not an essential element of an offence, the offender was motivated by gain in the commission of such offence, the Court may impose a fine in addition to imprisonment or other punishment provided by law.
The Ethiopian Penal Code contains provisions for the collection of fines and includes conversion of the fine into simple imprisonment upon default of payment. An alternative means of collection is the conversion of the fine into labor for the State at a certain rate, the minimum of which is provided by law. The amount to be earned per day by the offender's labor is set by the court in each case. The ability of the offender to pay is the criterion be applied. Article 91. Recovery of Fine
(1) Where the offender cannot pay the fine forthwith the court may allow a period of time for payment; such period may extend, according to circumstances, from one to three months.
(2) Where, having regard to the circumstances of the offender, it appears to the court that it is expedient so to do, it may direct the payment of the fine to be made by installments within a period not longer than two years.
In fixing the amount and the date for payment of each installment, the court shall take into consideration the actual means of the offender. Article 92. Conversion of Fine Into Labour
In default of payment of the fine in the manner aforementioned, the Court may allow the offender to settle the fine by doing work for the State or for any public authority and in such case the period within which the fine is to be settled shall be determined.
The Court shall fix an amount, which in no case shall be less than one dollar for each day's work and in fixing such amount it shall have regard to the circumstances of the offender and particularly to his average daily earnings. Article 93. Security or Surety for the Payment of Fine
Whenever a fine is not paid forthwith, the court may require the offender to produce such security or sureties as is sufficient to ensure the payment of the fine within the stated period.
The security or sureties shall be determined having regard to the circumstances of the case, the condition of the offender and the interests of justice. Article 94. Conversion of Fine Into Simple Imprisonment in Default of Pay
ment. (1) The fine, or any part thereof, which remains unpaid within the stated period may be levied by the seizure of the offender's goods.
(2) If there are no goods liable to seizure or if such seizure will cause hardship to the offender or to his family, the fine or any part thereof which remains unpaid shall be converted into simple imprisonment.
The period of simple imprisonment shall be at the rate of one day for such amount as may be specified in the judgment having regard to the personal and financial condition of the offender.