PROCEDURE IN CASES CONCERNING YOUNG PERSONS


Procedure incases Concerning Young Persons

Art.171- Principle.

Criminal case concerning young persons shall be tried in accordance with the provisions of the Chapter.

Art.172-institution of proceedings.

(1) In any case where a young person is involved. He shall be taken immediately before the nearest Woreda Court by the police, the public prosecutor, the parent or guardian or the complainant.

(2) The court shall ask the person bringing the young person to state the particulars and the witnesses, if any, of the alleged offence or to make a formal complaint, where appropriate, and such statement or complaint shall be recorded . The court may give the police instructions as to the manner in which investigations should be made.

(3) Where the accusation relates to an office punished with rigorous imprisonment exceeding ten years or with death (Art.173 penal Code) the court shall direct the public prosecutor to frame a charge.

(4) Where the case requires to be adjourned or to be transferred to a superior court for trial, the young person shall be handed over to the care of his parents, guardian or relative and in default of any such person to a reliable person who shall be responsible for ensuring his attendance at the trial The witnesses shall be bound over to appear at the trial.

Art.173-Summunig of young person’s guardian.

Where the young person is brought before the court and his parent, guardian or other person in loco parentis is not present, the court shall immediately inquire whether such person exists and shall summon such person to appear without delay.

Art.174-Young person may be assisted by counsel.

The court shall appoint an advocate to assist the young person where;

(a) No parent, guardian or other person in loco parentis appears to represent the young person, or

(b) The young person is young is charged with an offence punishable; with rigorous imprisonment exceeding ten years or with death.

Art.175-Removal of young person from chambers.

Where any evidence or comments are to be given or made which it is undesirable that the young person should hear, he shall be removed from the chambers while such evidence or comments are being given or made.

Art.176-Hearing

(1) Where the young person is brought before the court all the proceedings shall be held in chambers. Nobody shall be present at any hearing except witnesses, experts, the parent or guardian or representatives of welfare organizations. The public prosecutor shall be present at any hearing in the High Court.

(2) All proceedings shall be conducted in an informal manner.

(3) The accusation or complain under Art.172 (2) or the charge under Art.172(3) shall be read out to the young person and he shall be asked what he has to say in answer to such accusation or charge.

(4) If it is clear to the court from what the accused says that he fully understands and does not admits the accusation or charge, the court shall record what the young person has said and may convict him immediately.

(5) If it is clear to the court from what the accused says that he fully understands and does not admit the accusation or charge, the court shall inquire as to what witnesses should be called to support such accusation or charge. The young person, his representative or advocate may cause any witnesses to be summoned.

(6) All witnesses shall be examined by the court and may thereupon be cross examined by the defence. All depositions shall be recorded.

(7) When the evidence is concluded, the defence may sum up and there—after the court shall give judgment.

Art.177-Judgment.

(1) The judgment shall specify the provisions of the law on which it is based. Where the young person is found not guilty, he shall be acquitted and set free forthwith. Where he is found guilty, the court shall impose the appropriate measure or penalty under Art.162. et seq. Penal Code.

(2) The court may call before it any person or representative of any institution with a view to obtaining information concerning the character and antecedents of the young person so as to arrive at a decision which is in the best interest of the young person.

(3) After these persons have been heard, the defence may reply and call his witnesses as to character, who shall be interrogated by the court and thereupon the defence shall address the court as to sentence.

(4) Judgment shall be given as in ordinary cases. The court shall explain its decision to the young person and warm him against further misconduct.

Asdrt.178-Order which may be made against parents and guardians.

Where it thinks fit the court may warn, admonish or blame the parents or other person legally responsible for the young person where it appears that they have failed to carry their duties.

Art.179-Cost of upkeep of young person in certain circumstances.

(1) The parents or other person legally responsible for the care of a young person may be ordered to bear all or part of the cost of his upkeep and training where owing to their failure to exercise proper care and guardian ship the court has ordered the young person to be sent to the care of another person or to a corrective or curative institution.

(2) The scope and duration of such obligation shall be specified in the judgment.

Art.180-Variation or modification of order made in respect of young person.

Any court which has sentenced a young person to a measure may at any time of its own motion or on the application of the young person, his legal representative or the person or institution to which he was entrusted, vary or modify such order if the interest of the young person so requires.

 

PROCEDURE IN CASE OF DEFAULT


Procedure in Case of Default

Art 160-Principle.

(1) The provisions of this Chapter shall apply where the accused fails to appear whether the prosecution is public or private but shall not apply to young offenders.

(2) Where the accused does not appear on the date fixed for the trail and no representative appears satisfactorily to explain his absence, the court shall issue a warrant for his arrest.

(3) Where the warrant cannot be executed, the court shall consider trying the accused in his absence. Where an order to this effect is made the provisions of the following articles shall apply.

Section 1-Failure to appear in public proceedings

Art.161- Conditions for trying accused person in his absence.

(1) Where the accused fails without good cause to appear on the day fixed for the bearing, the court shall record his absence and may direct that he be tried in his absence in accordance with provisions of this Section.

(2) No accused person may be tried in his absence under the provisions of this Section unless he is charged with;

(a) An offence punishable with rigorous imprisonment for not less than twelve years: or

(b) An offence under Art.354-365 penal Code punishable with rigorous imprisonment or fine exceeding five thousand dollars.

Art.162- Publication of summons.

Where the court decides to hear the case in the absence of the accused it shall order the publication of the summons which shall show the date fixed for the hearing. It shall contain a notification to the accused that he will be tried in his absence if he fails to appear.

Art.163. Hearing and judgment.

(1) Where the accused fails to appear after publication of the summons in accordance with Art.162 the case shall continue as in ordinary cases.

(2) The prosecution witnesses shall then be heard and the public prosecutor shall make his final submission.

(3) The court shall give judgment as in ordinary cases.

Art.164- Setting aside of judgment.

An application to set aside the judgment may be made on the conditions laid down in Art.197-202.

Procedure in Cases of Petty Offences


Procedure in Cases of Petty Offences

Art.167-Summoning of accused.

(1) Where a petty offence has been committed, the public or private prosecutor shall apply to the court having jurisdiction to summon the accused to appear.

(2) The application and the summons shall contain the name of the accused, the circumstances of the petty offence committed and the law and articles of the law to be applied.

Art.168-Accused may plead guilty in writing to petty offence.

The accused may return the summons to the court endorsing thereon that he pleads guilty to such offence. Such endorsement shall be dated and signed by the accused. In such a case and without prejudice to the provisions of Art.189 (3), he shall be dispensed with the necessity of appearing in court in answer to the summons.

Art.169- Proceedings and judgment.

(1) On receipt of the summons so endured, the court shall record the plea of guilty and, having ascertained the facts of the case from the prosecutor, shall sentence the accused and send him a copy of the judgment.

(2) Where the court proposed to impose a fine only, it shall do so forth with

(3) Where the court intends to impose a sentence of arrest, compulsory labor, a warning or reproof, it shall summon the accused to appear and shall give the accused an opportunity to defend himself before sentence is passed.

 

Art.170-procedure where accused appears before the court charge with petty offence.

 

(1) Where the accused does not endorse on the summons that he pleads guilty, he shall appear on the day and at the time fixed for the hearing.

(2) The prosecutor and the accused shall take such steps as are necessary to secure the attendance of their witnesses, if any.

(3) The procedure shall be oral. The court shall only record the salient part of the evidence of each witness. It shall give judgment orally recording briefly the reasons for its judgment and mentioning the provisions of the law under which judgment is given.

(4) Where the accused fails without good cause to appear in private proceedings the court shall give judgment forthwith.

FAILURE TO APPEAR IN PRIVATE PROCEEDINGS


Failure to appear in private proceedings

Art.165-Absence of private prosecutor.

(1) Where the private prosecutor fails without good cause to appear on the date fixed for the hearing, the court shall strike out the case and order the discharge of the accused.

(2) Where a case has been struck out under sub-art (1), the private prosecutor may, within fifteen days of such striking out, apply to the court to have a fresh hearing date fixed. No application shall be granted unless the private prosecutor satisfies the court that his failure to attend on the day of the hearing was due to causes beyond his control.

(3) Where no application is made within fifteen days or it is dismissed, the striking out shall be final with regard to the private prosecutor.

Art.166-Absece of accused.

Where the accused is absent, the provisions of Art. 162 and 163 shall not apply and a bench warrant shall be issued.

Appeals and Applications to Set Aside Judgments Given in Default


Appeals and Applications to Set Aside Judgments Given in Default

TITLE 1

Appeal


Art.181-Principle

 

(1) An appeal shall lie in accordance with the provisions of his Book from a judgment of a criminal court whether it be a judgment convicting, discharging or acquitting an accused person.

(2) A second appeal shall lie in accordance with the provisions of Art. 182.

 

Art.182- Courts having appellate jurisdiction.

 

(1) An appeal shall lie from the decision of:

(a) A Woreda Court to the Awradja Court in whose area of jurisdiction such Woreda Court lies.

(b) An Awradja Court to the High Court:

(c) The High Court to the Supreme Imperial Court.

(2)A second appeal shall lie from a decision of:

(a) the Awradja Court in its appellate jurisdiction to the High Court:

(b) the High Court in its appellate jurisdiction to the supreme Imperial Court.

 

Art.183-Applicaton to His Imperial Majesty’s Chilot.

 

(1) Nothing in Art.182 shall prevent an appellant who has exhausted his rights of appeal under Art.182 from applying to His Imperial Majest’s Chilot for a review of the case.

(2) The application to His Imperial Majesty Chilot shall be accompanied by:

(a) A copy of the judgment or judgment with which the applicant is dissatisfied; and

(b) A reasoned memorandum setting forth clearly and concisely the reasons on which the applicant bases his request for a review.

 

Art.184-No interlocutor appeals.

 

No interlocutory appeal shall lie from a decision of the court:

(a) Granting or refusing an adjournment under Art.94:0r

(b) Regarding an objection under Art.131;or

(c) Regarding the admissibility or non-admissibility of evidence under Art.146.but any such decision may form the subject of a ground of appeal where an appeal is lodged against conviction, discharge or acquittal.

 

Art.185-Appeal against conviction and sentence.

 

(1) A convicted person may appeal against his conviction sentence; Provided that no appeal may be lodged by a convicted person who has pleaded guilty and has been convicted on such plea except as to the extent or the legality of the sentence.

(2) The public prosecutor may appeal against a judgment of acquittal, discharge or on the ground of inadequacy of sentence.

(3) Where a prosecution is conducted by a private prosecutor the private prosecutor may appeal in the same manner as is provided in sub-article (2).

(4) An appeal by a young person or by an incapable person shall be through his legal representative.

 

Art.186-Appeal where injured party claims compensation

 

(1) Where the court refuses to grant compensation under Art.100 penal Code the injured party may appeal against such decision.

(2) Where the court grants compensation the accused may appeal against such decision.

(3) An appeal shall lie against the amount of compensation awarded in accordance with the provisions of Art.2153 Civil Code.

(4) An appeal under this Article shall be heard by the criminal court of appeal where there is an appeal against conviction or sentence, but shall be heard by the civil court of appeal where there is no appeal against conviction or sentence or such appeal is withdrawn.

 

Art.187.Notice of appeal and memorandum of appeal.

 

(1) Notice of appeal against a judgment shall be given by the appellant or his advocate within fifteen days of the delivery of the judgment appealed against. On receipt of such notice of appeal, the registrar shall cause the judgment appealed against to be copied and handed to the appellant or his advocate and where the appellant is in custody the copy shall be sent to the superintendent of the prison in which he is confined for service on the appellant. Such copy shall be dated when completed and the date on which it is handed to the appellant or his advocate or is sent to the superintendent of the prison shall be certified by the registrar .

(2) The memorandum of appeal under Art, 189 shall be filed within thirty days of the receipt of the copy of the decision appealed against. The notice and memorandum of appeal shall be field in the registry of the court which gave the judgment appealed against.

(3) Where the appellant is in custody the superintendent of the prison in which he is confined shall forward the memorandum of appeal without delay to the curt against whose decision an appeal is made.

(4) A copy of the memorandum of appeal shall be served on the respondent to the appeal.

 

Art.188-Stay of execution.

 

(1) Where a convicted person has given notice of appeal no sentence of flogging shall be carried out until the appeal has been heard or abandoned by the appellant.

(2) Where an accused person is released on bail pending the hearing of his appeal the sentence of imprisonment shall not commence until the court of appeal delivers its judgment.

(3) Any measures which have been ordered by the court against whose judgment an appeal has been filed shall be carried out notwithstanding an appeal.

(4) There shall be no stay of execution in respect of the payment of compensation or costs.

(5) An application for stay of execution may be make to the court of appeal at any time before the appeal is heard or at the hearing of the appeal.

 

Art.189-Content of memorandum of appeal.

 

(1) The memorandum of appeal shall set forth concisely and under distinct heads the grounds of objection to the judgment appealed against without and arguments and such ground shall be numbered consecutively. The memorandum shall be accompanied by a copy of the judgment appealed against. The memorandum of appeal shall state the nature of the relief that is sought.

(2) The memorandum of appeal shall be signed by the appellant and his advocate, if any.

 

Art.190-Record and exhibits to be forwarded to court of appeal.

 

(1) On receipt of the memorandum of appeal the court against whose judgment an appeal has been filed shall prepare without delay within fifteen days a copy of the record and forward it together with the appeal record (if any ), the notice and the memorandum of appeal and all exhibits to the court of appeal.

(2) The court of appeal may dispense with the making of a copy of the record where the making of such copy may delay unduly the hearing of the appeal and the Court may order the original file to be produced.

 

Art.191- Application for leave to appeal out of time.

 

(1) Where notice of appeal or a memorandum on appeal is filed out of time, the court against whose judgment the appeal is filed shall refuse to accept such notice or memorandum and shall require the person submitting such notice or memorandum to apply in writing to the court of appeal for leave to appeal out of time.

(2) The application shall state clearly the reasons why the appeal should be heard out of time and the reasons which occasioned the delay.

(3) The court of appeal shall not give leave to appeal out of time unless it is satisfied that the delay was occasioned by the default of the applicant.

(4) Where leave to appeal out of time is given the court of appeal shall fix the date by which the memorandum of appeal is to be filed.

 

Art.192-Hearing

 

The president of the court of appeal shall fix a day on which the appeal will be heard and the parties to the appeal shall be notified. The appellant shall open the appeal, the respondent shall reply and the appellant shall be entitled to reply.

 

Art.193-Absence of a party to the appeal.

 

(1) Where the appellant or his advocate is not present on the day fixed for the appeal and he has been notified of the hearing date, the appeal shall be struck out:

Provided that the appeal may be restored to the list where the appellant or his advocate can show that he was not present owing to circumstances beyond his control.

(2) Where the respondent or his advocate is not present the appeal shall proceed in his absence.

 

Art:194-Additional evidence.

 

(1) In dealing with an appeal the court of appeal, if it thinks additional evidence is necessary , shall record its reasons and may take such evidence itself.

(2) Evidence taken in pursuance of sub-art (1) shall be taken as if it were evidence taken at the trial in the court of first instance.

 

Art.195- Power 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 consider 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:

(i) reverse the finding and sentence and acquit the accused: or

(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 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.

 

Art.196-where one appeal in case concerning several convicted persons.

 

(1) Where a court of appeal hears an appeal which concerns several convicted persons but only one of them appeals, it may direct that its judgment be applied to those other accused as though they had appealed where:

(a) The judgment is to the benefit of the appellant, and

(b) Had the accused appealed they would have benefitted similarly,

(2) No order made to the prejudice of an appellant may be applied to a person who has not appealed.

Preliminary Inquiry and Committal for Trial


Preliminary Inquiry and Committal for Trial

 

Art.80.—Principle.

 

(1) Where any person is accused of an offence under Art. 522 (homicide in the first degree) or Art. 637 (aggravated robbery) a preliminary inquiry shall be held under the provisions of this Book.

Provided that nothing in this Article shall prevent the High Court from dispending with the holding of a preliminary inquiry where it is satisfied by the public prosecutor that the trial can be held immediately.

(2) Where any person is accused of any other offence triable only by the High Court no preliminary inquiry shall be held unless the public prosecutor under Art. 38 (b) so directs.

(3) The provisions of this Book shall not apply to offences coming within the jurisdiction of the High Court which have been committed by young persons.

 

Art.81.—Court having jurisdiction.

 

(1) Without prejudice to the provisions of Art. 99-107, the preliminary shall be held before the Woreda Guezat Court within whose area of jurisdiction the offence was committed.

 

Art.82.—Procedure.

 

(1) All preliminary inquiries shall be held in the manner provided by the following Articles.

(2) An adjournment may be granted on the conditions laid down in Art. 94.

 

Art.83.—Opening of preliminary inquiry.

 

(1) Where the public prosecutor decides under Art. 80 (2) that a preliminary inquiry shall be held, he shall send a copy of his decision to the Woreda Guezat Court having jurisdiction and, where appropriate, to the public prosecutor acting before such court.

(2) The court shall fix the day on which the inquiry shall be held and cause to be summoned such witnesses as the prosecutor may wish to call in support of the prosecution.

(3) The case for the prosecution shall be conducted by the public prosecutor acting before the committing court.

 

Art.84.—Taking evidence for prosecution.

 

(1) Where the accused person appears or is brought before it, the court shall require the prosecutor to open his case and to call his witnesses.

 

Art.85.—Accused asked whether he wishes to make a statement.

 

(1) After the witnesses for the prosecution have been heard and their evidence recorded, the court shall ask the accused whether he wishes to make a statement in answer to the charge.

(2) He shall be informed that the preliminary inquiry does not constitute a trial and that the decision as to his guilt or innocence will be taken by the High Court and not by the committing court.

(3) He shall be informed that he is not bound to say anything but that any statement he may wish to make will be taken down in writing and may be put in at his trial.

 

Art.86.—Statement of accused.

 

(1) If the accused elects to make no statement, he shall forthwith be committed for trial before the High Court.

(2) If the accused elects to make a statement, such statement shall be taken down in writing, read over to him, signed by the accused and kept in the file.

 

Art.87.—Additional witnesses.

 

The court may at any time call any witness whose testimony it thinks necessary in the interests of justice, notwithstanding that the prosecutor has not applied for such witness to be summoned.

 

Art.88.—Recording of evidence.

 

Evidence shall be recorded in accordance with Art. 147 and the evidence of each witness shall be recorded on separate sheets of paper.

 

Art.89.—Committal for trial.

 

(1) After the statement, if any, of the accused has been taken down, the court shall commit the accused for trial before the High Court without specifying the charge or charges on which he is committed for trial.

(2) Such charge or charges shall be specified in the charge framed by the public prosecutor in accordance with Art. 109-122 of this Code.

(3) The court shall then require the accused to give a list of the witnesses he wishes to call at his trial together with their addresses.

 

Art.90.—Bond of witnesses.

 

(1) All witnesses who have given evidence at the preliminary inquiry shall execute before the committing court bonds binding themselves to be in attendance before such court and on such date as they shall be summoned to appear.

(2) Any witness who refuses to execute the bond may be kept in custody until the trial or until he binds himself.

 

Art.91.—Record to be forwarded to registrar.

 

(1) When the accused is committed for trial, the committing court shall send the original record and the exhibits (if any) to the registrar of the High Court. Any exhibit which from its bulk or otherwise cannot conveniently be forwarded to the registrar of the High Court may remain in the custody of the police.

(2) A list of all exhibits showing which of them are forwarded with the record and which remain in the custody of the police shall be sent to the registrar of the High Court with the record.

(3) The registrar of the High Court shall be responsible for making copies of the record and sending one to the public prosecutor and one to the accused.

 

Art.92.—Contents of record.

 

(1) The record shall contain the following particulars:-

(a) The serial number of the case; and

(b) The date of the commission of the offence; and

(c) The date of the accusation, if any; and

(d) The name and address of the accuser, if any; and

(e) The name, address occupation and age, if known, and nationality of the accused; and

(f) The offence shown and, where appropriation, the value of the property in respect of which or the special status of the person against whom the offence was committed; and

(g) The date of the warrant of arrest, if any, or on which the accused was first arrested; and

(h) The date on which the accused was first brought before a court; and

(i) The name of the prosecutor and, where appropriate, of the advocate for the defense; and

(j) The date of and reasons for any adjournment that may have been granted; and

(k) The date on which the preliminary inquiry was completed; and

(l) All statements made in the course of the preliminary inquiry, including those which may have been made by the accused; and

(m) the list of defense witnesses.

 

(2) The same particulars shall appear in the copy of the proceedings sent to the public prosecutor and the accused.

 

Art.93.—Accused may be remanded.

 

Without prejudice to the provisions of this Code relating to release on ball the committing court may order that the accused be kept on remand until the trial.

 

Costs in Criminal Cases


Costs in Criminal Cases

Art.220. – Costs of public prosecution.

 

(1) All the costs of public prosecutions, including appeals, shall be borne by the government.

(2) Where exceptional costs have been incurred by the prosecution for a reason attributable to the convicted person and he is a person of property, the court may, in addition to any other lawful punishment, order him to pay the whole or any of the costs incurred by the prosecution as taxed by the registrar of the court.

(3) Where a public prosecution has been instituted in respect of an offence. punishable on complaint and the injured party withdraws his complaint (Art. 221 Penal Code), he shall be liable for all the costs of the prosecution.

 

Art.221. – Costs of private prosecution.

 

(1) The costs of private prosecution shall be borne by the private prosecutor in accordance with Art. 46.

(2) Where in a private prosecution the accused is acquitted and the court is on opinion that the charge was not made in good faith, it may order the private prosecutor to pay the whole or any part of the costs incurred by the accused.

(3) Where a private prosecution is stayed as provided in Art. 48, all the costs of the private prosecution shall be borne by the government.

 

Art.222. – Injured party.

 

(1) Where the injured party claims compensation in a criminal case, he shall pay:

(a) the court fees on the sum claimed as though it were a civil case; and

(b) the costs of summoning witnesses and calling experts.

(2) Where the injured party succeeds in his claim, the court shall order the accused to pay the court fees and costs mentioned in sub-art. (1).

Lidetu Ayalew


Lidetu to continue to defend two charges related to alleged attempt to challenge the constitutional order forcefully



Ethiopian Democratic Party announced on Friday that the leader, Lidetu Ayalew, is released from prison on 30,000 birr bail.  He was charged with “illegal possession of firearms,” and ‘attempting to overthrow federal and regional government forcefully. He has been in jail since the days following the assassination of singer Hachalu Hundesa on June 29.  His party announced that it was the supreme court in the Oromo region of Ethiopia that ruled Lidetu be released on 30,000 Ethiopian Birr bail.  It means that he will continue to defend himself against the charges mentioned above from outside the prison cell.  A court in East Show zone ruled a few months ago that he be released on 100,000 birr bail for the charge related to “illegal possession of firearms.”  However, police defied the court order and Lidetu had to remain in prison until Friday morning this week.  He is said to have appeared in court about 41 times since his arrest about five months ago.  The second charge was laid after police retained him against court order, according to information from his party. He was particularly implicated in alleged involvement in coordinating Youth in Bishoftu (Debre Zeit), where he lives, for protest. Lidetu denied the charges.  “On behalf of my party and our members, I would like to express sincere gratitude to lifeline lawyers Abduljabar Hussien,Mohammed Jimma, Gemechu Gutema and Ashenafi Anteneh,” said Adane Tadesse who is president of Ethiopian Democratic Party.  Lidetu Ayalew is founder of Ethiopian Democratic Party and led  the party for many years. He tends to be critical towards Prime Minister Abiy Ahmed’s government.  He thinks Abiy Ahmed’s mandate as Prime Minister of the country ended on September 30 of this year — a position that the nearly defunct Tigray People’s Liberation Front (TPLF) strongly held. The political stand is based on the view that postponement of the sixth general election was illegal for “it violates the constitution.