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ETHIOPIAN LAW GUIDE · CRIMINAL LAW

Ethiopian criminal law and procedure

Ethiopian criminal law is codified in the Criminal Code (Proclamation No. 414/2004), with procedure governed by the Criminal Procedure Code (Proclamation No. 185/1961). Special proclamations create offences in areas such as computer crime and hate speech, and the Constitution protects the rights of persons arrested, accused and held in custody.

Checked against the cited texts on Legal information, not legal advice

KEY POINTS

  • The Criminal Code No. 414/2004 is divided into Books: general principles and punishment (Books I and II), specific crimes (Books III to VI) and petty offences (Books VII and VIII).
  • Articles 19 to 21 of the Constitution protect the rights of persons arrested, accused, held in custody and convicted.
  • Article 22 of the Constitution prohibits retroactive criminal law, and Article 23 prohibits double jeopardy.

The Criminal Code

The Criminal Code of the Federal Democratic Republic of Ethiopia (Proclamation No. 414/2004) has eight Books. Book I deals with crimes and criminals, and Book II with criminal punishment and its application. Books III to VI define crimes against the State or national or international interests, against the public interest or the community, against individuals and the family, and against property. Books VII and VIII cover petty offences.

Procedure and the rights of the accused

Criminal investigations, charges, trials and appeals follow the Criminal Procedure Code (Proclamation No. 185/1961). The Constitution sets the minimum guarantees: the rights of persons arrested (Article 19), of persons accused (Article 20), and of persons held in custody and convicted (Article 21), the non-retroactivity of criminal law (Article 22) and the prohibition of double jeopardy (Article 23).

Special criminal laws

Some offences are defined outside the Code, including in the Computer Crime Proclamation No. 958/2016 and the Hate Speech and Disinformation Prevention and Suppression Proclamation No. 1185/2020. Check whether a special law applies before relying on the Code alone.

Frequently asked questions

What is the Ethiopian Criminal Code?

The Criminal Code of the Federal Democratic Republic of Ethiopia, Proclamation No. 414/2004. It sets out general principles of criminal liability and punishment, specific crimes and petty offences.

Which law governs criminal procedure in Ethiopia?

The Criminal Procedure Code, Proclamation No. 185/1961, read together with the constitutional rights of persons arrested and accused (Articles 19 to 21).

Can a criminal law in Ethiopia apply retroactively?

Article 22 of the Constitution prohibits retroactive criminal law. Read the article for its exact terms, including its treatment of laws that benefit the accused.

This page is general legal information about Ethiopian law, prepared from the published texts it cites. It is not legal advice and does not confirm whether a provision is still in force or has been amended. Federal laws are published in the Federal Negarit Gazeta in Amharic and English, and the Amharic version prevails where they differ. Consult a qualified Ethiopian lawyer about your situation.

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