From the day Prime Minister Abiy Ahmed came to power, the slogan, politics or patriotism that Ethiopia has been saying will not fall apart? Who said Ethiopia will be destroyed or Ethiopia will be destroyed? Why did Prime Minister Abiy Ahmed, with his tribute to Isaias Afewerki, repeatedly use slogans unless he himself had the intention of destroying Ethiopia? Apart from Eritrean President Isaias Afewerki, who wants Ethiopia to fall apart? In the absence of a party that wants to overthrow it, Prime Minister Abiy Ahmed. Why do they always shout “Ethiopia will not fall apart”? The Prime Minister says Ethiopia will not fall apart. It is not a scientific political analysis, but a mediation that tells us that Ethiopia will not fall apart like any other country because God protects it. Once the egg yolk is shed, it is useless. God, who created in His image and sacrificed His only begotten Son, killed innocent people who raped women with their soldiers and massacred innocent people, and killed innocent people on TV and radio. They are pretending to be believers and trying to deceive people. The fact that Ethiopia did not fall under the Italian invasion does not mean that Ethiopia will not fall apart. The slogan “Ethiopia will not fall” is determined by the hammer of the destroyer. There is no reason why Ethiopia should not fall apart, as the current negative and unhappy government is a corrupt government and a group of very fast-moving genocides. Ethiopia will collapse like any other country. This means that it cannot continue to be a country until it is in the hands of a murderous and murderous government. ጠ/ም አብይ አህመድ ወደ ስልጣን ከመጡበት ቀን ጀምሮ ኢትዮጵያ አትፈርስም እያሉ የሚያሰሙን መፈክር፣ ፖለትካ ወይስ ሀገር ወዳድነት? ማንስ ኢትዮጵያ ትፍረስ ወይም ኢትዮጵያን እናፈርሳለን ብሎ ተናገረ? ጠቅላይ ሚንስትር አብይ አህመድ ከግብራቸው ኢሳያስ አፈወርቅ ጋር ሆኖ እራሳቸው ኢትዮጵያን የማፍረስ አላማ ይኖሯቸው ካልሆነ በስተቀር ለምን ደጋግሞ መፈክር ማሰማታቸው ተፈለገ? ከኤርትራ ፕሬዝዳንት ኢሳያስ አፈወርቂ ውጪ ማንስ ኢትዮጵያ እንዲትፈርስ ፈላጎት አለው? እንድትፈርስ ፍላጎት ያለው ተከራካሪ ወገን በሌለበት ሁኔታ፣ ጠቅላይ ሚንስቴር አብይ አህመድ። ሁልጊዜም ኢትዮጵያ አትፈርስም የሚል መፈክር የሚያሰሙን ለምንድነው? እንግዲህ ጠቅላይ ሚንስቴሩ ኢትዮጵያ አትፈርስም የኢትዮጵያ አምላክ ኢትዮጵያን ይጠብቃታል፣ የሚሉት የኢትዮጵያ አምላክ ከሌሎች የተለየ ነው? የሚሉና እግዚአብሔር አብዝቶ ህዝቧንና ራሷን እንዲባርክ የሚማልዱላት ኢትዮጵያ ከሌሎች ሃገራት ሁሉ ተለይታ የማትፈርሰው እግዚአብሔር ስለሚጠብቃት እንደሆነ የሚነግሩን ሽምገላ እንጂ ሳይንሳዊ የፖለቲካ ትንተና አይደለም። አንድ እንቁላል አስኳሉ ከፈሰሰ በኋላ ጥቅም አይሰጥም። እግዚአብሔር በአምሳሉ የፈጠረውን እና አንድ ልጁን የሰዋለትን የሰው ልጅ እንዲገደል ትዕዛዝ እየሰጡ፣ በወታደሮቻቸው ሴቶችን አስገድዶ የሚደፍሩ ንጹሃንን በእሳት የሚያቃጥሉና ህዝብን በቁም የምረሽን መንግሥት፣ ከዚያም አልፎ የንጹሃን ህይዎት ቀርጥፈው ገደልነው፣ ብሎም በቴሌቪዥን እና በራዲዮ ገደልናቸውገደልናቸው፣ ተደመሰሱ ብሎም ለህዝብ የሚነግሩ ሰዎች ኢትዮጵያን እግዚአብሔር ይጠብቃል ኢትዮጵያ አትፈርስም ወዘተ፣ የሚሉት አማኝ መስሎ ህዝብን ለማታለል ነው። በጣልያንም ወረራ ኢትዮጵያ አልፈረሰችም ማለት ኢትዮጵያ አሁንም አትፈርስም ማለት አይደለም። ኢትዮጵያ አትፈርስም የሚል መፈክርን ውሳኔ የሚወስነው አፍራሹ የያዘው መዶሻ ነው። የአሁኑ አፍራሽ ደግሞም የሰው ልጆች በህይወት መኖር ደስታ የማይሰጠው አፍራሽ መንግሥትና በጣም ፈጣን ሃገር አጥፊዎች ስብስብ ሹማምንት ስለሆነ ኢትዮጵያ የማትፈርስበት ምክንያት የለም። ኢትዮጵያ እንደማንኛውም ሃገር ትፈርሳለች። ይህ ማለትም ጨፍጫፊና ገዳይ መንግስት እጅ ውስጥ አስከካለች ድረስ ሃገር ሆና መቀጠል አትችልም።
From the day Prime Minister Abiy Ahmed came to power, the slogan, politics or patriotism that Ethiopia has been saying will not fall apart? Who said Ethiopia will be destroyed or Ethiopia will be destroyed? Why did Prime Minister Abiy Ahmed, with his tribute to Isaias Afewerki, repeatedly use slogans unless he himself had the intention of destroying Ethiopia? Apart from Eritrean President Isaias Afewerki, who wants Ethiopia to fall apart? In the absence of a party that wants to overthrow it, Prime Minister Abiy Ahmed. Why do they always shout “Ethiopia will not fall apart”? The Prime Minister says Ethiopia will not fall apart. It is not a scientific political analysis, but a mediation that tells us that Ethiopia will not fall apart like any other country because God protects it. Once the egg yolk is shed, it is useless. God, who created in His image and sacrificed His only begotten Son, killed innocent people who raped women with their soldiers and massacred innocent people, and killed innocent people on TV and radio. They are pretending to be believers and trying to deceive people. The fact that Ethiopia did not fall under the Italian invasion does not mean that Ethiopia will not fall apart. The slogan “Ethiopia will not fall” is determined by the hammer of the destroyer. There is no reason why Ethiopia should not fall apart, as the current negative and unhappy government is a corrupt government and a group of very fast-moving genocides. Ethiopia will collapse like any other country. This means that it cannot continue to be a country until it is in the hands of a murderous and murderous government. ጠ/ም አብይ አህመድ ወደ ስልጣን ከመጡበት ቀን ጀምሮ ኢትዮጵያ አትፈርስም እያሉ የሚያሰሙን መፈክር፣ ፖለትካ ወይስ ሀገር ወዳድነት? ማንስ ኢትዮጵያ ትፍረስ ወይም ኢትዮጵያን እናፈርሳለን ብሎ ተናገረ? ጠቅላይ ሚንስትር አብይ አህመድ ከግብራቸው ኢሳያስ አፈወርቅ ጋር ሆኖ እራሳቸው ኢትዮጵያን የማፍረስ አላማ ይኖሯቸው ካልሆነ በስተቀር ለምን ደጋግሞ መፈክር ማሰማታቸው ተፈለገ? ከኤርትራ ፕሬዝዳንት ኢሳያስ አፈወርቂ ውጪ ማንስ ኢትዮጵያ እንዲትፈርስ ፈላጎት አለው? እንድትፈርስ ፍላጎት ያለው ተከራካሪ ወገን በሌለበት ሁኔታ፣ ጠቅላይ ሚንስቴር አብይ አህመድ። ሁልጊዜም ኢትዮጵያ አትፈርስም የሚል መፈክር የሚያሰሙን ለምንድነው? እንግዲህ ጠቅላይ ሚንስቴሩ ኢትዮጵያ አትፈርስም የኢትዮጵያ አምላክ ኢትዮጵያን ይጠብቃታል፣ የሚሉት የኢትዮጵያ አምላክ ከሌሎች የተለየ ነው? የሚሉና እግዚአብሔር አብዝቶ ህዝቧንና ራሷን እንዲባርክ የሚማልዱላት ኢትዮጵያ ከሌሎች ሃገራት ሁሉ ተለይታ የማትፈርሰው እግዚአብሔር ስለሚጠብቃት እንደሆነ የሚነግሩን ሽምገላ እንጂ ሳይንሳዊ የፖለቲካ ትንተና አይደለም። አንድ እንቁላል አስኳሉ ከፈሰሰ በኋላ ጥቅም አይሰጥም። እግዚአብሔር በአምሳሉ የፈጠረውን እና አንድ ልጁን የሰዋለትን የሰው ልጅ እንዲገደል ትዕዛዝ እየሰጡ፣ በወታደሮቻቸው ሴቶችን አስገድዶ የሚደፍሩ ንጹሃንን በእሳት የሚያቃጥሉና ህዝብን በቁም የምረሽን መንግሥት፣ ከዚያም አልፎ የንጹሃን ህይዎት ቀርጥፈው ገደልነው፣ ብሎም በቴሌቪዥን እና በራዲዮ ገደልናቸውገደልናቸው፣ ተደመሰሱ ብሎም ለህዝብ የሚነግሩ ሰዎች ኢትዮጵያን እግዚአብሔር ይጠብቃል ኢትዮጵያ አትፈርስም ወዘተ፣ የሚሉት አማኝ መስሎ ህዝብን ለማታለል ነው። በጣልያንም ወረራ ኢትዮጵያ አልፈረሰችም ማለት ኢትዮጵያ አሁንም አትፈርስም ማለት አይደለም። ኢትዮጵያ አትፈርስም የሚል መፈክርን ውሳኔ የሚወስነው አፍራሹ የያዘው መዶሻ ነው። የአሁኑ አፍራሽ ደግሞም የሰው ልጆች በህይወት መኖር ደስታ የማይሰጠው አፍራሽ መንግሥትና በጣም ፈጣን ሃገር አጥፊዎች ስብስብ ሹማምንት ስለሆነ ኢትዮጵያ የማትፈርስበት ምክንያት የለም። ኢትዮጵያ እንደማንኛውም ሃገር ትፈርሳለች። ይህ ማለትም ጨፍጫፊና ገዳይ መንግስት እጅ ውስጥ አስከካለች ድረስ ሃገር ሆና መቀጠል አትችልም።
Supreme Court Cassation Hearing Case No. 207036 on Election Issue between the Harari National Regional State Government and the Electoral Board of Ethiopia
Harari National Regional State Harari National Assembly The Ethiopian Electoral Board of Ethiopia (NEBE) has ruled that the Harari National Assembly, which has been living outside the region, has appealed to the Electoral Board of Ethiopia (NEBE). The Harari People’s State Government has appealed to the Federal Supreme Court against the decision of the Harari National Assembly. The Court of Appeals rejected the decision of the Electoral Board in the case number 205809 on April 19, 2013 and decided that the Board should exercise the right to vote for Hararis outside the region in accordance with the established system. Dissatisfied with this decision, the National Electoral Board of Ethiopia (NBE) appealed to the Federal Supreme Court, citing a fundamental error of law. The appellate court upheld the decision.
Supreme Court Cassation Hearing Case No. 207036 on Election Issue between the Harari National Regional State Government and the Electoral Board of Ethiopia
Harari National Regional State Harari National Assembly The Ethiopian Electoral Board of Ethiopia (NEBE) has ruled that the Harari National Assembly, which has been living outside the region, has appealed to the Electoral Board of Ethiopia (NEBE). The Harari People’s State Government has appealed to the Federal Supreme Court against the decision of the Harari National Assembly. The Court of Appeals rejected the decision of the Electoral Board in the case number 205809 on April 19, 2013 and decided that the Board should exercise the right to vote for Hararis outside the region in accordance with the established system. Dissatisfied with this decision, the National Electoral Board of Ethiopia (NBE) appealed to the Federal Supreme Court, citing a fundamental error of law. The appellate court upheld the decision.
The solution is to face the bitter truth! ………………………………………….. .. It is the historic responsibility of this generation to abandon the “generation” that claims to be dead if we do not burn the American flag. To do this, we must first evict all forces that violated Ethiopia’s sovereignty and ensure that we do not need any interference. Next you need to look inside and close your home in a polite manner. The world is solving the problem through dialogue, negotiation, and acceptance, not by making excuses and by fighting. Failure to do so is a second death, especially for my generation!
Basic Rules of International Humanitarian Law in Armed Conflicts The seven fundamental rules which are the basis of the Geneva Conventions and the Additional Protocols: 1 – Persons hors de combat and those who do not take a direct part in hostilities are entitled to respect for their lives and their moral and physical integrity. They shall in all circumstances be protected and treated humanely without any adverse distinction. 2 – It is forbidden to kill or injure an enemy who surrenders or who is hors de combat. 3 – The wounded and sick shall be collected and cared for by the party to the conflict which has them in its power. Protection also covers medical personnel, establishments, transports and equipment. The emblem of the red cross or the red crescent is the sign of such protection and must be respected. 4 – Captured combatants and civilians under the authority of an adverse party are entitled to respect for their lives, dignity, personal rights and convictions. They shall be protected against all acts of violence and reprisals. They shall have the right to correspond with their families and to receive relief. 5 – Everyone shall be entitled to benefit from fundamental judicial guarantees. No one shall be held responsible for an act he has not committed. No one shall be subjected to physical or mental torture, corporal punishment or cruel or degrading treatment. 6 – Parties to a conflict and members of their armed forces do not have an unlimited choice of methods and means of warfare. It is prohibited to employ weapons or methods of warfare of a nature to cause unnecessary losses or excessive suffering. 7 – Parties to a conflict shall at all times distinguish between the civilian population and combatants in order to spare civilian population and property. Neither the civilian population as such nor civilian persons shall be the object of attack. Attacks shall be directed solely against military objectives.
In recent years, the government has been known to harass, intimidate, and exert political pressure on politicians by claiming that the government is a terrorist who has disturbed the country, or that it has disturbed the country. I repeat, yes, the war in Tigray is not a crime to oppose the massacre of innocent Tigray, the rape of women. Violation of civil rights / denial of civil rights has become a major function of government. The government should be aware that it has no interest in enforcing the law and has no interest in enforcing the law. Still urgently # Mr. Lidetu is obliged to allow Ayale to leave the country for treatment. We apologize to Lidetu Ayalew for complying with the decision of the Federal Court of First Instance’s Arada Anti-Terrorism Tribunal today.
YE ABESHA MEDHANIT Facebook page. I listened to a woman who is an activist and she is an amazing woman. I couldn’t help but admire her. This brilliant, beautiful and good activist is brilliant and her thinking as a girl is amazing. The sincerity of her heart is evident. This beautiful, decent woman is sharing all her thoughts and knowledge with us in a very balanced and unbiased way. It is incumbent upon all of us to encourage and support such courageous and positive women as role models for other women.
Basic Rules of International Humanitarian Law in Armed Conflicts
The seven fundamental rules which are the basis of the Geneva Conventions and the Additional Protocols:
1 – Persons hors de combat and those who do not take a direct part in hostilities are entitled to respect for their lives and their moral and physical integrity. They shall in all circumstances be protected and treated humanely without any adverse distinction.
2 – It is forbidden to kill or injure an enemy who surrenders or who is hors de combat.
3 – The wounded and sick shall be collected and cared for by the party to the conflict which has them in its power. Protection also covers medical personnel, establishments, transports and equipment. The emblem of the red cross or the red crescent is the sign of such protection and must be respected.
4 – Captured combatants and civilians under the authority of an adverse party are entitled to respect for their lives, dignity, personal rights and convictions. They shall be protected against all acts of violence and reprisals. They shall have the right to correspond with their families and to receive relief.
5 – Everyone shall be entitled to benefit from fundamental judicial guarantees. No one shall be held responsible for an act he has not committed. No one shall be subjected to physical or mental torture, corporal punishment or cruel or degrading treatment.
6 – Parties to a conflict and members of their armed forces do not have an unlimited choice of methods and means of warfare. It is prohibited to employ weapons or methods of warfare of a nature to cause unnecessary losses or excessive suffering.
7 – Parties to a conflict shall at all times distinguish between the civilian population and combatants in order to spare civilian population and property. Neither the civilian population as such nor civilian persons shall be the object of attack. Attacks shall be directed solely against military objectives.
Between the two world wars, three types of dictatorships have been described: constitutional, counterrevolutionary and fascist. Since World War II, a broader range of dictatorships has been recognized, including Third World dictatorships, theocratic or religious dictatorships and dynastic or family-based dictatorships.
Characteristics. Authoritarianism is characterized by highly concentrated and centralized government power maintained by political repression and the exclusion of potential challengers. It uses political parties and mass organizations to mobilize people around the goals of the regime.
Dictatorships are often characterised by some of the following: suspension of elections and civil liberties; proclamation of a state of emergency; rule by decree; repression of political opponents; not abiding by the rule of law procedures, and cult of personality.
– Variation of Orders Contained in Sentences Art.216. – Principle.
(1) Where any order as defined in sub-art. (2) requires to be made, such order shall be made by the court having passed the sentence in relation to which such order is to be made.(2) The provisions of sub-art. (1) shall apply in cases of:(a) enforcement of internment (Art. 132 Penal Code); and(b) revision of orders made in respect of offenders not fully responsible (Art. 136 and 137 Penal Code); and(c) extension of detention (Art. 140 (2) Penal Code); and(d) revocation of probation or variation of rules of conduct (Art. 198, 202 (3) and 204 Penal Code); and(e) conditional release (Art. 131, 207, 209 – 112 Penal Code); and(f) orders under Art. 124(2) and 156 Penal Code.(3) Orders made in respect of young persons may be varied in accordance with the provisions of Art. 180 of this Code. Art.217. – Procedure and decision. (1) The court shall not make an order under this Chapter unless an application to this effect is made by the convicted person or his legal representative, the public prosecutor or any person or authority charged with executing or supervising the execution of the sentence.(2) Prior to making its decision, the court shall summon the person in respect of whom the order is to be made and such other person as is likely to give information to assist the court. The court may, where appropriate, order such inquiries to be made as appear necessary.(3) The court shall make its decision after having heard all the persons summoned and obtained the required information. Where the person in respect of whom the decision is to be made fails to appear, the court shall make its decision in his absence.(4) Any statement made and the decision of the court shall be recorded.(5) No appeal shall lie from a decision under this Article and such decision shall be carried out in accordance with the provisions of Chapter I of this Book.
(1) Whenever the police know or suspect that an offence has been committed, they shall proceed to investigate in accordance with the provisions of this Chapter. (2) Investigation into offences committed by young persons shall be carried out in accordance with instructions given by the court under Art. 172 (2) .
Art. 23. __ Duty of police to investigate.
Investigating police officers shall carry out their duties under this Chapter not withstanding that they are of opinion that the accusation, complaint or information they may have received is open to doubt.
Art. 24. __ recording of statement.
After having recorded an accusation or complaint in the manner laid down in Art. 14, the investigating police officer shall elicit from the person making the accusation or complaint all relevant facts and dates, the name or description of the offender, the names and addresses of principal witnesses and all other evidence which may be available and shall record them.
Art.25.___ Summoning of accused or suspected person.
Where the investigating police officer has reason to believe that a person has committed an offence, he may be written summons require such person to appear before him.
Art 26. __ Arrest
(1) Where the accused or the suspect has not been arrested and the offence is such as to justify arrest or where the person summoned under Art. 25 fails to appear, the investigating police officer shall take such steps as are necessary to effect his arrest. (2) Where the arrest cannot be made without warrant, the investigating police officer shall apply to the court for a warrant of arrest in accordance with the provisions of Art. 53.
Art. 27.__ Interrogation.
(1) Any person summoned under Art. 25 or arrested under Art. 26,50 or 51 shall, after his identity and address have been established. Be asked to answer the accusation or complaint made against him. (2) He shall not be compelled to answer and shall be informed that he has the right not to answer and that any statement he may make may be used in evidence. (3) Any statement which may be made shall be recorded. (4) Where the arrested person is unable properly to understand the language in which his answers are to be recorded, he shall be supplied with a competent interpreter, who shall certify the correctness of all questions and answers.
Art. 28. __ Release on bond.
(1) Where the offence committed or complained of is not punishable with rigorous imprisonment as a sole or alternative punishment; or where it is doubtful that an offence has been committed or that the summoned or arrested person has committed the offence complained of, the investigating police officer may in his discretion release such person on his executing a bond with or without sureties that he will appear at such place, on such day and at such time as may be fixed by the police. (2) Where the accused is not released on bond under this article, he may apply to the court to be released on bail in accordance with the provisions of Art. 64.
Art. 29__ Procedure after arrest
(1) Where the accused has been arrested by the police or a private person and handed over to the police (Art. 58) the police shall bring him before the nearest court within forty eight hours of his arrest or so soon thereafter as local circumstances and communications permit. The time taken in the journey to the court shall not be included. (2) The court before which the accused is brought may make any order it thinks fit in accordance with the provisions of Art. 59.
Art. 30__ Examination of witnesses by the police.
(1) The investigating police officer may, where necessary, summon and examine any person likely to give information on any matter relating to the offence or the offender. (2) Any person so examined shall be bound to answer truthfully all questions put to him. He may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge. (3) Any statement which may be made shall be recorded.
Art. 31.___ No inducement to be offered.
(1) No police officer or person in authority shall offer or use or make or cause to be offered, made or used any inducement, threat, promise or any other improper method to any person examined by the police. (2) No police officer or other person shall prevent or discourage by whatever means any person from making or from requiring to be recorded in the course of the police investigation any statement relating to such investigation which he may be disposed to make of his own free will.
Art. 32. __ Searches and seizures.
Any investigation police officer or member of the police may make searches or seizures in accordance with the provisions which follow; (1) No arrested person shall be searched except where it is reasonably suspected that he has about his person any articles which may be material as evidence in respect of the offence with which he is accused or in suspected to have committed. A search shall be made by a person of the same sex as the arrested person. (2) No premises may be searched unless the police officer or member of the police is in possession of a search warrant in the form prescribed in the third schedule to this code except where; (a) An offender is followed in hot pursuit and enters premises or disposes of articles the subject matter of an offence in premises; (b) Information is given to an investigating police officer or member of the police that there is reasonable cause for suspecting that articles which may be material as evidence in respect of an offence in respect of which an accusation or complaint had been made under art. Of this Code and the offence is punishable with more than three years imprisonment, are concealed or lodged in any place and he has good grounds for believing that by reason of the delay in obtaining a search warrant such articles are likely to be removed.
Art. 33.__ Issue of search warrant.
(1) A search warrant may be issued by any court. No search warrant shall be issued unless the court is satisfied that the purposes of justice or of any inquiry, trial or other proceedings under this code will be served by the issue of such warrant. (2) Every search warrant issued shall specify the property to be searched for and seized and no investigating police officer or member of the police may seize any property other than that specified in such warrant. (3) On seizing any property such investigating police officer or member of the police shall make a list of the property seized and where possible shall have the list checked and signed by an independent person. Any property seized which is required for the trial shall be preserved in a safe place until handed over to the court as an exhibit. Any property not so required may be returned to the person from whom it was taken and a receipt shall be taken (4) In effecting a search the investigating police officer or member of the police may use such force as is necessary and may where access to premises is denied use reasonable force to affect entry. (5) Unless otherwise expressly ordered by the court, searches shall be carried out only between the hours of 6 A.M. and 6 P.M. Art. 34.__ Physical examination (1) Notwithstanding the provisions of Art. 20 Civil Code where an investigating police officer considers it necessary, having regard to the offence with which the accused is charged, that a physical examination of the accused should be made, he may require a registered medical practitioner to make such examination and require him to record in writing the results of such examination. Examination under this Article shall include the taking of a blood test. (2) An investigating police officer may, with the agreement of the victim of an offence or, where he is incapable with the consent of the parent or guardian, require a registered medical practitioner to make such physical examination as the offence being inquired into would appear to require. He shall require the registered medical practitioner to record in writing the results of such examination. Art.35. Power of court to record statements and confessions (1) Any court may record any statement or confession made to it at any time before the opening of a preliminary inquiry or trial. (2) No court shall record any such statement or confession unless, upon questioning the person making it, it ascertains that such person voluntarily makes such statement or confession. A note to this effect shall be made on the record. (3) Such statement or confession shall be recorded in writing and in full by the court and shall thereafter be read over to the person making the statement or confession, which shall sign and date it. The statement shall then be signed by the president of the court. (4) A copy of the record shall then be sent to the court before which the case is to be inquired into or tried, and to the public prosecutor. Art. 36 __ Diary of investigation (1) Every police officer making a police investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary setting forth: (a) The day on which he started and closed his investigation and (b) All the steps taken in the course of the investigation; and (c) The circumstances which the investigation disclosed; and (d) All the means of evidence which may have been collected. (2) He shall enter in the diary any order which he may have received from a court or the public prosecutor in the course of the investigation. Art. 37 Repot of police investigation. (1) Every police investigation under this Chapter shall be completed without unnecessary delay. (2) As soon as the investigation is completed, the investigation police officer shall forward to the public prosecutor a report setting forth; (a) The name of the parties; and (b) The nature of the information and the names of all persons who appear to be acquainted with the circumstances of the case; and (c) All the means of evidence which have been collected. (3) The report shall specify all the steps which may have been taken with a view to preservation or otherwise. Art. 38. – Action by public prosecutor on receiving report. On receiving the report under Art. 37 the public prosecutor may: A) Prosecute the accused on a charge drawn up by him under Art.109-122; or B) Order that a preliminary inquiry be held under Art.80-93;or C) Order further investigations; or D) Refuse to institute proceedings under Art. 42 Art. 39. Closure of police investigation file (1) The public prosecutor shall close the police investigation file where the accused: (a) Has died ;or (b) Is under nine years of age or (c) Cannot be prosecuted under any special law or under public international law (diplomatic immunity) (2) The provisions of art. 43-45 shall not apply where the case file is closed under this article. (3) On closing the case file. The public prosecutor shall send a copy of his decision to the Advocate General. The private complainant, if any and the investigating police officer. Chapter 3. Institution of Proceedings
Art. 40 Duty to institute proceedings
(1) Subject to the provisions of Art. 42 the public prosecutor shall institute proceedings accordance with the provisions of this Chapter whenever he is of opinion that there are sufficient grounds for prosecution the accused. (2) The public prosecutor shall not institute proceedings against a young person unless instructed so to do by the court under Art. 172.
Art. 41 Doubtful cases.
Where it is not clear whether proceedings should be instituted, the public prosecutor shall refer the matter for instructions to the Advocate General. Art 42. Cases where proceedings shall not be instituted (1) No proceedings shall be instituted where: (a) The public prosecutor is of opinion that there is not sufficient evidence to justify a conviction; or (b) There is no possibility of finding the accused and the case is one which may not be tried in his absence; or (c) The prosecution is barred by limitation or the offence is made the subject of a pardon or amnesty: or (d) The public prosecutor is instructed not to institute proceedings in the public interest by the Minister by order under his hand. (2) On no other grounds may the public prosecutor refuse to institute proceedings. (3) The public prosecutor shall institute proceedings in cases affecting the Government when so instructed by the Minister. Art. 44 Effect of refusal. (1) Where the public prosecutor refuses to institute proceedings under Art. 42 (1)(a) in relation to an offence punishable on complaint only, he shall authorize in writing the appropriate person mentioned in Art.47 to conduct a private prosecution. A copy of such authorization shall be sent to the court having jurisdiction. (2) Where the public prosecutor refuses to institute proceedings under Art. 42 (1) (a) in relation to an offence which is not punishable on complaint only, the appropriate person mentioned in art, 47 may, within thirty days from having received the decision of the public prosecutor apply for an order that the public prosecutor institute proceedings. Art. 45 form of and decision an application (1) An application under Art. 44(2) shall be made to the court to which an appeal lies from decisions of the court which would have had jurisdiction, had proceedings been instituted. (2) The court shall, after considering the refusal of the public prosecutor to institute proceedings under Art.42(1) and the reasons therefor either confirm the decision of the public prosecutor or order him to institute proceedings ; Art. 46 Liability of private prosecutor. The private prosecutor authorized to conduct a private prosecution under art. 44(1) shall conduct the private prosecution at his peril and at his own expense. Art. 47 Persons entitled to conduct private prosecutions. No person other than: (a) The injured party or his legal representative; or (b) The husband or wife on behalf of the spouse; or (c) The legal representative of an incapable person; or (d) The attorney or a body corporate; May conduct a private prosecution. Art. 48 Stay of proceedings in private prosecution pending institution of proceedings by public prosecutor. Where the evidence in a private prosecution discloses that a more serious offence has resulted than has been charged in a private prosecution, the public prosecutor may apply to the court to stay the proceedings pending the institution of fresh proceedings by the public prosecutor and the court shall thereon stay the proceedings
(1) Any court having passed a sentence in a criminal case shall issue the necessary warrants or orders requiring the appropriate authorities to carry out or supervise the carrying out of the sentence in accordance with the provisions of this Book.(2) Nothing in this Article shall affect the provisions of Art. 188. Art.204. – Warrant in respect of person sentenced to death. (1) Where any person is sentenced to death, the presiding judge shall by warrant under his hand in the form prescribed in the Third Schedule to this Code order such person to be detained until the pleasure of His Imperial Majesty shall be made known.(2) Where the sentence is confirmed, it shall be carried out in accordance with the conditions laid down in the order of confirmation.(3) Where the sentence is commuted, the order of commutation shall be sufficient authority for carrying into effect the terms of such order. Art.205. – Warrant in respect of person sentenced to loss of liberty. (1) Where any person is sentenced to arrest, imprisonment of internment, the presiding judge shall by warrant under his hand in the form prescribed in the Third Schedule to this Code order the sentence to be carried out.(2) Such warrant shall be sufficient authority for the officer in charge of the prison and all other persons to carry out the sentence described in the warrant. Art.206. – Execution may be postponed in certain cases. Where a person who has been sentenced to arrest or simple imprisonment not exceeding one year is:(a) a pregnant woman; or(b) the sole support of his family,and such person is not likely to be a danger to public security, the court may postpone the execution of the sentence for a period not exceeding six months on production of guarantors for his good behaviour. Art.207. – Warrant in respect of person sentenced to flogging. Where any person is sentenced to be flogged for an offence under Art. 635 (3) or 637 (1) Penal Code, the presiding judge shall by warrant under his hand in the sixteenth form prescribed by the Third Schedule to this Code order that the sentence be carried out in accordance with Art. 120A Penal Code by such person and at such place as shall be specified in the warrant. Art.208. – Warrant in respect of irresponsible persons. Where any person is found to be not fully responsible for his acts and the court decides that he be confined or treated in accordance with the provisions of Art. 134 or 135 Penal Code, the presiding judge shall by warrant under his hand in the fifteenth form prescribed in the Third Schedule to this code order that the accused be remanded to a suitable institution for confinement or treatment. Art.209. – Recovery of fines. (1) Fines shall be recovered on the order of the court by the execution officer in accordance with the provisions of Art. 91,171, (1), 703 and 710 Penal Code.(2) Where a fine or any part thereof has not been recovered, the execution officer shall refer the matter to the court and thereupon the court shall make the appropriate orders for execution or for the fine to be converted into labour, arrest or simple imprisonment in accordance with the provisions of Art. 92, 94, 96, 171 (2) and 709 Penal Code.(3) Where a person has been sentenced in his absence to pay a fine, the provisions of sub-art. (1) shall not apply and the court shall forthwith order that execution be levied on the convicted person’s property. Art.210. – Payment of costs and compensation. Where a judgment given by a criminal court contains provisions for the payment of legal costs or compensation, such part of the judgment as contains such provisions shall be executed in the same manner as a civil judgment. Art.211. – Confiscation of property. (1) Where an order for confiscation of property has been made under Art. 272 Penal Code, the court shall make an order requiring the execution officer to seize such property as is seizable under the provisions of Art. 97 Penal Code and shall specify in such order the property to be seized.(2) On seizing such property, the execution officer shall hold it until he receives an order from the competent authority requiring him to hand over such property to a person or persons named in such order and on so handing such property, the execution officer shall be given a detailed receipt by such person or persons.(3) The family of the convicted person may apply to the court for the release of any property wrongly confiscated. Art.212. – Sequestration of property. (1) Where a person is sentenced in his absence to have his property sequestrated for an offence as defined in Art. 272 Penal Code, the court shall make an order:(a) requiring the execution officer to attach such property as may be attached under Art. 98 Penal Code and shall specify in such order the property to be attached; and(b) appointing a trustee to manage the property and on such appointment the execution officer shall hand over the property to such trustee against a detailed receipt.(2) The execution officer shall be responsible for ensuring that none of the property mentioned in Art. 97 (3) Penal Code be attached. The family of the convicted person may apply to the trustee for the release of any property wrongly attached.(3) An order or attachment made under sub-art. (1) shall remain in force until an application for its removal is made to the court by the competent authority and thereupon the court shall order the attachment to be removed and the trustee discharged on submitting proper accounts. Art.213. – Orders in respect of young persons. (1) Where an order is made in respect of a young person under Art. 162, 165, 166, 173 or 703 Penal Code, the presiding judge shall sign and send an order to the responsible official, headmaster, director or officer in charge, as the case may be, and such order shall be sufficient authority to deal with young person on the conditions laid down in the order.(2) Where an order is made in respect of a young person under Art. 163 Penal Code, the presiding judge shall sign and send an order to one of the persons mentioned in Art. 163 Penal Code and such order shall be sufficient authority to deal with the young person on the conditions laid down in the order.(3) Where a young person is sentenced to caning under Art. 72 Penal Code, the presiding judge shall cause the young person to be medically examined as to his fitness to undergo corporal punishment and, where he has been found fit, he shall cause the caning to be carried out in a private place by a family elder or such other suitable person as the presiding judge shall appoint, in the presence of himself, the person who has examined the young person and the young person’s parents, relatives or guardian, if any. Art.214. – Compulsory labour, secondary penalties and measures. Where an order is made under Art. 102, 103, 122, 144, 146, 147, 149-154-158-160, 178, 179, 715, 716, or 718-720 Penal Code, the court shall cause a copy of the operative part of the judgment to be served on the appropriate authorities and require them to carry the order into effect. Art.215. – Recording of orders for execution. The court shall record any order it may have made with a view to the sentence being executed. A note shall be made of the day on which such order was executed and, where appropriate, of the reasons why such order could not be executed.
‘Administrative act’ (Verwaltungsakt) is a core concept of the German administrative law. It covers most of the actions of the administrative authorities through which they affect the legal interests of an individual. The origin of this concept is traced from the French concept of acte administratif from which it was borrowed by the German jurists and developed into a German concept since 1826 onwards.a
Administrative act is every order, decision or other sovereign measure taken by an authority for the regulation of a particular case in the sphere of public law and directed at immediate external legal consequences.b
order means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensing.c
Administrative Decision means any decision, order or award of an agency having as its object or effect the imposition of a sanction or the grant or refusal of relief, including a decision relating to doing or refusing to do any other act or thing of an administrative nature, or failure to take a decision
