Chimdesa F.

Class 5 Criminal Law Notes

Chapter 1: Criminal Law: Definition, Scope and Purpose

Criminal Law: Definition
o Can be Substantive and Procedural
o Substantive- lays down the principles of criminal liability, defines offences
and prescribes punishments for the same
 Prescribes- duty to do
 Proscribes- duty to abstain from doing
o Procedural criminal law is to administer the substantive criminal law and
give enforcement to it.
 How to prosecute, jurisdiction, etc

Criminal Law- Four main features

o Politicality-only the violations of rules made by the state are regarded as
crimes
o Specificity- defines the act to be treated as crime/specific elements of crime
o Uniformity -uniform application to all alike without any discrimination
o Penal Sanction
Criminal Law: Objectives
o Public Safety and Security
o Deterrence- discourage criminal behaviour- How?
o Punishment- Retributive aspect
o Rehabilitation-
 Criminal biology- criminal behaviour is innate/hereditary
 Criminal sociology- Social environment as cause- A criminal is not
born, he is made
 Article 1- “The purpose of the Criminal Code of Federal Democratic Republic of
Ethiopia is to ensure order, peace and the security of the state, its peoples, and its
inhabitants for the public good”.
 Art 1 (2) incorporates prevention, deterrence and rehabilitation as purposes of the
Ethiopian criminal code. However, hierarchy in purpose because Prevention is the
ultimate objective and deterrence and rehabilitation presupposes the failure to attend
the ultimate objective. “should this be ineffective…”
 Primary Purpose- Prevention. How? Giving due notice of crimes and respective
penalties
Concept of Crime: Wrongs Vs Crimes
o Wrongs- activities proscribed
 Moral Wrongs- by society
 Legal Wrongs
 Civil- depends on the injured party
 Criminal- Considered an act prejudicial to public interest.
 Crime= a wrong + by law + State primary enforcer

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Chimdesa F. Class 5 Criminal Law Notes

Main Features of the 2005 Criminal Code (Proc 414/2004)

 Preceded by the 1957 Penal Code- the first modern criminal code adopted by the
country as part of the modernization and codification process- Swiss
 ‘Crime’ is defined under 23(1) of Criminal Code- “A crime is an act which is
prohibited and made punishable by law. In this Code, an act consists of the
commission of what is prohibited or omission of what is prescribed by law.”

 Why?
o Modernization- the country had progressed a lot since 1957 particularly in
terms of the values and international norms brought into the legal system.
Ratification of international hrts treaties and FDRE Constitution.
o Gaps- the 1957 Penal Code failed to address technology related crimes such
as money laundering and hijacking. Also didn’t abolish HTPs.
o Enhancing the sentencing mechanism- because it used to be discretionary
under the 1957 Penal Code- No similar punishments to similar crimes.
Introduced a range of punt from the lightest to most severe depending on
circumstances of the case
o Redefining the objective of punishment- from Retribution to focus on
deterrence & rehabilitation. System of Parole, vocational trainings, etc.
Exception- death penalty for some severe crimes.
Scheme of the Criminal Code: Three main parts
Part 1: General Principles of Criminal Liability
 Two parts
o Book I (Arts 1-86): Crimes and Criminals
 Major principles of Ethn Criminal Law
 Scope, crimes and their commission including participation in
criminal activities & Conditions of liability
o Book II (Arts 87-237): The Criminal Pun’t and Its Application
 Sentencing (Calculation and Types (imprisonment, fine, etc)).
Eg. Probation, Parole…
Part 2: Special Part i.e Specific Crimes
 Defines specific crimes by proving elements of crimes
 Categorized crimes into four
o i. Crimes against the State or National or International Interests
o ii. Crimes against Public Interest or the Community
o iii. Crimes against Individuals and the Family
o iv. Crimes against Property
Part 3: Petty Code i.e Petty Offences
 Two parts

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o General Part- principles of liability

o Special Part- specific petty offences
NB: The General part lays down rules/principles of liability common to all crimes. Hence the
penalties enshrined for each offence under the Special Part only applies if the principles of
liability under the general part are fulfilled. In order to ascertain whether or not a person who
violated the provisions of the Special Part is punished, first we need to ensure the principles
of liability under the General Part is fulfilled.
BASIC PRINCIPLES OF CRIMINAL LAW
 Criminal law- deal with acts that are considered to be against the core of the society.
That is why the ‘actor’ is subjected to punishments resulting in the loss of liberty and
in some exceptional cases, loss of life.
 Due to the severity nature of the subject of criminal law, it should be vital to ensure
that the person accused of committing a crime is in fact the criminal. “let hundreds of
criminals run away than punish an innocent”
 That is why it is paramount to have safeguards for the accused.
 The basic principles are safeguards provided to ensure that the accused is not treated
unjustly by the State, who is the primary enforcer of the criminal law.
 Three major PRINCIPLES of Criminal Law
o The Principle of Legality (Art 2
o The Principle of Equality
o The Principle of Individual Autonomy
 Each Principle is a bundle of sub-principles
THE PRINCIPLE OF LEGALITY
 No law, No Crime, No Punishment- There is no crime or punishment without a pre-
existing law that prohibits that crime‟.
 Incorporates-
o No Law No Crime
o No Law No Punishment
o Prohibition of Double Jeopardy
No Law No Crime (nullum crimen sine lege)
 No person may be deemed to have been committed an offence if his act is not in
violation of Criminal Law in force at the time of its commission, at the place where
the act is performed- Due warning
 Four rules
 Certainty in Legislation- Criminal law shall be sufficiently defined so that the
people could easily understand what is prohibited or not. The criminalized act shall be
defined using precise, certain and unambiguous language.
 Accessibility of the Law- Criminal law shall be properly publicized so that the
people know and ascertain it- Reach, Language…

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 Rules of Strict Construction- the court is limited to the plain meaning of the
provision defining the crime in question. No extending/modifying the meaning of the
provision. No case falls under a provision unless it satisfies the elements of the crime.
o No Crime by Analogy
o In case of doubt, the interpretation that favors the accused shall be applied.
 Non-retroactivity of Criminal Law- Prohibition of ex-post facto criminal law.
Applies to;
o The definition of crime/prohibition of conduct- the act criminalized during
the commission of the crime
o The type/gravity of the punishment- the punishment prescribed at the time
of the commission of the crime
o The procedural aspect- in accordance with the procedure applicable at the
time of the commission of the crime
o Exception to Non-retroactivity- If the latter law is more favourable to the
accused.
Principle of Legality in the Ethiopian Criminal Code
 Art 2(1)- certainty
 Art 2(2-3) - strict construction
 Art 5- Non retroactivity of criminal law + Art 22 of FDRE Con.
 Art 6- exception to non retroactivity

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PRINCIPLE OF EQUALITY
 Historical contribution of Roman law= Jus Civilis (Romans) v Jus gentium (Subjects)
o Gradually recognized the equal rights of subjects- so jus civilis became law
applicable for all under the Roman Empire
 Equality does not mean the absence of discrimination rather the absence of arbitrary
discrimination
o Signals the recognition of ‘legitimate discrimination’
 Two sub-principles
o Equality Before the Law
o Equal Protection of the Law
 Equality Before the Law
o The law applies to everyone- is about the application of the law, not the nature
of the law
o About the absence of privileges and the absence of arbitrary discrimination
(based on grounds like sex, race, religion, opinion, color, etc
o Also connotes the notion of impartiality of tribunals
o Generally, it is a notion that similar cases should be treated alike.
o So, equality before the law is mostly about the procedural requirement, not the
substantive content of the law.
 Equal Protection of the Law
o Focuses on both the procedural and substantive contents of the law
o Laws should be just and equal
o Political and legal measures could be adopted in order to create just and fair
society. As long as it is to achieve such objective, legitimate distinctions could
be made between persons, things and situations.
o So in principle, all persons must be treated alike but whenever there is a
difference in treatment, the differential treatment should be proved to be
relevant to achieve fair and just treatment in the society.
 When applied to criminal law, the two principles of equality means that
o Victims of same crimes are entitled to equal protection
o All persons (both the accused and the victim) shall be tried exclusively in
accordance with the provisions of the law
o But exceptions are possible as long as they are legitimate/justified.
The Principle of Equality under the Criminal Code
 Art 4 of the Criminal Code incorporates both principles. Para 1 is about the equality
before the law while para 2 denotes equal protection of the law.
 Exceptions

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o Immunities by PIL,
o Immunities under Constitutional Law &
o Requirements of Individualization of Criminal Justice
o Immunities (PIL)
 Diplomatic Immunity-
 Derived from the principle of respect for sovereignty i.e one
sovereign should not be subjected to the law of another
sovereign
 foreign officials who engage in diplomatic functions
 is about territorial jurisdiction not non-prosecution
 Heads of state/govt, ambassadors, Consular staff, employees of
IOs, war-ships, etc
 Controversial issues on immunities under PIL:
o Functional Immunity vs Absolute Immunity
o Does it apply to ‘international crimes’?
 Different international instruments govern the nature of
immunity of those diplomatic community.
o Vienna Convention
o Immunities (Constitutional Law)
 The FDRE Const provides for immunities of certain government
officials
 Art 54/5,6- for Members of HPR
 Art 63- for Members of HoF
o Exceptions
 Permission of the respective House
 Flagrant Delicto
THE PRINCIPLE OF INDIVIDUAL AUTONOMY
The factual element- individuals in general have the capacity and sufficient free will to
make meaningful choices.
 We all have a free will and our actions are the choice we made based on our free will.
 Sometimes doesn’t hold true- threats, force majeure, etc
o Might not apply equally especially between the poor and priviledged.
 But criminal law balances this by accepting, as a defense, circumstances in which the
individual was acting because of matters outside their control.
The Normative element- individuals should be respected and treated as agents capable of
choosing their acts and omissions, and that without recognizing individuals as capable of
independent agency they could hardly be recognized as moral persons.
 Self-determination- individual freedom shall be respected.
 State shall
o Recognize autonomy
o Prevent and promote conditions of its realization
o Ensure one’s autonomy is not at the expense of the other

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 Sometimes it raises very difficult moral questions

o Abortion
o Euthanasia
 The principle results in Individualization of Criminal Justice- Art 88
 Criminal penalty is based on individual guilt.
 Age of the offender, nature of the crime, personal attributes and
Circumstances of the case could warrant differential treatment
CHAPTER 3- JURISDICTION UNDER THE ETHIOPIAN CRIMINAL CODE
Jurisdiction- legal competence of a court to entertain a case.
 As a rule, jurisdiction is territorial. So, a Court has jurisdiction over certain
geographical area.
Principles of Jurisdiction
 In principle, there are two major grounds through which a State assumes jurisdiction.
These are: Territoriality and nationality. However, there are other grounds that
could enable the State to assume jurisdiction even though the crime is not committed
in its territory nor by/against its nationals.
I. Territoriality
 Principally jurisdiction is territorial. So nationally speaking, if a crime is committed in
Ethiopia, Ethiopian courts have jurisdiction over the case.
 Art 11 provides for territorial jurisdiction
II. Nationality Principle
 The nationality principle has two elements: Active nationality and passive personality
 Active nationality- If the crime is committed by an Ethiopian national.
 Passive nationality- If the victim of the crime is an Ethiopian national. This is a very
controversial and least accepted principle.
o Arts 14, 15 & 18- Active personality
o Art 18 (1)- Passive personality
III. Protective Principle
 Also called Security/quasi-territoriality
 Crimes by foreigners outside Ethiopia but the crime affects essential interest or
security of the State.
 Usually economic crimes (eg. Counterfeiting, money laundering) and political crimes
(eg. Attempted coup det at)
o Art 13- provides for protective principle
IV. Universality Principle
 Based on the severity of the crime- crimes considered to have been committed against
international community.
 International crimes such as war crimes, Crimes against humanity, genocide, ethnic
cleansing, torture, hijacking, etc
 Usually the circumstances of exercising jurisdiction are defined through international
treaties. Usually required if/when the criminal is within the territory of the State.

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 For crimes under universal jurisdiction, States have the duty to ‘Prosecute or
Extradite’
o Art 17 & 18(2)- even though the crime is committed outside Ethiopia and
neither the criminal nor the victim is an Ethiopian national, Ethiopian courts
can assume jurisdiction.
PRINCIPAL AND SUBSIDIARY JURISDITION UNDER THE CRIMINAL CODE
 Classification is based on the need to avoid conflict of jurisdiction by establishing
which Court has the primary rights to exercise competence.
 Conflict could arise in the form of;
o negative (two courts fail/refuse to exercise jurisdiction) or
o positive (two courts claim to have jurisdiction) conflict of jurisdiction.

1. Principal (Original) Jurisdiction (Arts 11, 12, 13, 14, 15(2))

 Means Ethiopian courts have primacy over foreign Courts to entertain the case.
 Can be territorial and extra-territorial
Territorial Principal Jurisdiction (Art 11& 12)
 Applies in the following two cases;

 Crimes committed on Ethiopian territory (Art 11)

o Crime within territory irrespective of nationality (Any person)
o Only requirement- territory AND criminalization under Ethiopian Law
o Exception- Immunities under PIL
o Territory=land, air, water= substantiated by Art 104 of Criminal Code
i. Land= Ethiopian territory Plus Ethiopian Embassies abroad
ii. Water= Territorial waters Plus Ethiopian ship (flag state doctrine)
iii. Air= Ethiopia aerospace Plus Ethiopian aircrafts (flag State doctrine)
NB- for Water and Air- if crime is committed ON the ship/aircraft, not
BY the ship/aircraft.
 Criminal Foreigner on the run (Art12)
o Art 11 is rendered impossible because the criminal foreigner is no more within
Ethiopian territory.
o Art 11(3) provides that as a rule Extradition shall be requested.
o If extradition is not possible, the original jurisdiction of Ethiopian courts shall
be delegated to a foreign court as the Ethiopian authorities shall request that
he be tried in the country of refuge.
i. The Courts of the country of refuge will exercise the principal
jurisdiction of Ethiopian courts through delegation.
o Effect of delegation=
i. Art 12 (2)- no retrial even if the accused is subsequently found in
Ethiopia (Prohibition of Double Jeopardy)
 No retrial if he
o Is tried AND convicted or acquitted
o Sentenced but pardoned or granted amnesty

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o Barred by period of limitation.

ii. Art 12 (3)- Retention of principal jurisdiction if the delegated court
fails to try the accused
 Except if barred by Period of Limitation
Extraterritorial Principal Jurisdiction (Arts 13-16)
 Ethiopian courts’ jurisdiction for Crimes committed outside Ethiopia
 Applies to cases of crimes committed outside Ethiopia under;
o Art 13-Protective Principle- by any person against essential interests of
Ethiopia and
o Arts 14&15- Active Personality- by an Ethiopian who committed crime
outside Ethiopia who
 enjoys immunity or
 is a member of armed forces of Ethiopia
 Conditions of application for
o Art 13- the criminal has to be found in Eth
o Art 14-Immunity- the act has to be a crime under the law of both States
o Art 15-Defense Forces- for international crimes and military crimes.
Principal Jurisdiction and the Prohibition of Double Jeopardy
 In principle, principal jurisdiction hall be applied in light of the protection against
Double Jeopardy under Art 2(5) of the criminal code and Art 23 of the FDRE
Constitution.
 Double Jeopardy- No retrial or punishment if the accused is
o Tried and sentenced or
o Tried and Acquitted
 However, art 16 provides;
o If tried and sentenced in a foreign country, he may be tried and sentenced
again for same crime in Ethiopia.
o But sentence served shall be deducted.
o If tried and acquitted, fresh proceedings can be instituted for same crime.
 Why? Because from the very beginning the original jurisdiction belongs to Ethiopian
courts. So why would a Court that has a primacy right over a foreign court be
absolutely bound by a decision of a foreign court? Do not forget that the exercise of
jurisdiction by a national court is a fundamental aspect of the expression of national
sovereignty.

2. Subsidiary (Derivative) Jurisdiction (Arts 15,17,18,19)

 Criminal cases on which the Ethiopian courts exercise the principal jurisdiction of
foreign courts.
 Relates to criminal cases where the crime is committed outside Ethiopia but the
criminal has taken refuge in Ethiopia.
o Art 15(1)- Crimes committed by members of the Defence Forces against the
ordinary law of a foreign country.
o Art 17(1/a)- Universal jurisdiction for international crimes committed abroad

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o Art 17/1/b- Crimes committed in a foreign country against public health and
morals
o Art 18(1)- Passive personality- abroad against an Ethiopian national
o Art 18(1)- crimes committed by Ethiopians while abroad- if the crime is
punishable under both the laws and is grave enough to justify extradition.
 Conditions of application
o That the criminal is within the territory of Ethiopia
o Not extradited
o the crime was not legally pardoned in the country of commission of the crime
o prosecution is not barred either under the law of the country where the crime
was committed or under the Ethiopian law
o Prosecution under subsidiary jurisdiction shall be instituted only after
consultation with the Minister of Justice.
o The punishment imposed is the one that is more favourable to the accused.
 Unlike cases of principal jurisdiction, for subsidiary jurisdiction if the criminal is
tried and acquitted for the crime in a foreign country, no fresh proceedings shall be
instituted.
Extradition
 Based on treaty or reciprocity
 Two States (requesting State and surrendering State)
 Crime committed in/against requesting State and criminal found in the surrendering
State
 Four requirements
i. Extraditable Person
o Determined by national laws- there should be an extradition agreement.
o In principle, a criminal is extraditable but usually States do not extradite their
own nationals- Art 21(2)- having the status of citizenship at the time of
commission or extradition- No extradition
ii. Extraditable Crime
 Depends on bilateral agreement
 Usually for serious crimes. However, if the crime is an international crime for
which extradition is required under international law, it is an obligation to
extradite.
iii. Double Criminality
 The crime is punishable in both States.
 Exceptionally, States could agree otherwise.
iv. Speciality
 Only punished for a crime to which the extradition is agreed upon.
 Exceptionally, the surrendering State could agree to additional crime.
Extradition under the Criminal Code
 Art 21/1- Extradition is only possible if;
o The criminal is a foreigner
o The crime was committed outside Ethiopia

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o The crime is an ordinary crime i.e non-political crimes

o The criminal is physically in Ethiopia
o Based on the law, treaties or international agreements
o To the State where the crime is committed
o That State has made application in proper form
o For trial purpose
o The crime was not against the essential interest of Ethiopia

CH-4 CONDITIONS OF CRIMINAL LIABILITY

 What elements need to be fulfilled for a person to be liable under criminal law.
 The mere fact that a person committed a wrong conduct doesn’t make it a criminal
conduct. Remember the differences between criminal wrong and other wrongs.
 Refers mainly to three major elements: Legal Element, Material Element & Moral
Element.
o Art 23 (2)- A crime is only completed when all its legal, material and moral
ingredients are present.
 These three elements are generally categorized into two: Actus reus (Legal + Material
elements) and Mens rea (Moral element).
ACTUS REUS
 Includes legal and material elements: Hence, it refers to the commission or omission
of a conduct prohibited by criminal law.
 The two requirements are;
o the conduct must have been prohibited by law. There shall be a clear law that
criminalizes the conduct (Principle of legality), and
o there must be some form of harm resulting from the commission of the
prohibited conduct.
 NB: A guilty mind, irrespective of the nature of evil, does not make a man punishable
unless it ends in a harmful result. (It should manifest itself in some harmful way).

1. Legal Element
 Requires the existence of a law of a criminal nature that is violated by the conduct of
a person.
 This law shall be applicable both at the time of commission of the crime and at the
time of punishment.
 Reasserts the principle of legality that No Law-No Crime-No Punishment.
 Art 23 (1)- A crime is an act which is prohibited and made punishable by law.

2. Material Element
 Requires a conduct by the perpetrator that violated the legal element.
o Art 23 (1)- Act= Commission (doing what is prohibited by the law) +
Omission (failing to do what is required by the law)

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 Commission means a positive act/conduct.

 Omission has two types:
o Crime of Omission- failure to comply with a duty imposed by the law
 There is a clear duty that requires individuals to perform i. e a
mandatory act that needs to be performed.
 Presupposes a negative conduct (no conduct)= Failure
 Non-performance of such duty is a crime.
 Eg. Failure to report a crime (art 39), failure to help someone in
distress (art 575), failure to appear before court (art 448), etc
o Commission by Omission- a duty recognized by law
 The law recognizes a duty that already exists because of for eg.
Professional reasons.
 Can include a positive conduct that expresses unwillingness= Refusal
 Eg. Duty of doctor to provide service (art 537).
 Material element is more than just the conduct per se. It encompasses the
circumstances and facts surrounding the case.
For eg. The crime of homicide requires more than the act of killing someone.
We need to consider the weapon, the nature, the part of body etc…
 Therefore, criminal law punishes not the conduct/activity that produced the result but
the ‘event’ or ‘the result’ provided that the harm (result) is prohibited by the law.
o For eg. Even if the conduct of killing results in the harm (someone’s loss of
life), it is not a crime if the harm is not prohibited by the law. Eg. War, self
defense, etc
MENS REA (Moral Element)
 Refers to the state of mind of the perpetrator.
 Guilt is mandatory for a crime. The conduct shall be carried out with guilty state of
mind- blameworthiness.
o Art 57- No one can be punished for an offence unless he has been found guilty
thereof under the law. A person is guilty if, being responsible for his acts; he
committed an offence either intentionally or by negligence.
 Art 57 (2)- No guilt (eg. Accident, force majeure)= No punishment.
 Guilt shall be proved, not presumed. Presumption of innocence- art 20 FDRE
Constitution.
MENS REA under the Criminal Code
 Two major state of mind are required: Intention or Negligence
 Art 57- crime is committed either intentionally or by negligence.
 Art 58- intention, art 59-negligence
Intention
Art 58(1a)- Direct Intention
 Willful action to bring about the result. So the harm caused was the objective of the
perpetrator.
 Perpetrator has both Full Knowledge and Foresight.

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 Full Knowledge-
o The perpetrator is aware of the consequence of his action.
o Even if he did not desire the result.
o Awareness means the ability to foresee the nature, factual circumstances and
consequence of one‘s act or omission.
o Has to be ascertained on case by case basis depending on the elements of the
crime as defined under the special part of the code.
o Eg. Incest (art 654)- performance of a sexual act intentionally between persons
whose marriage is forbidden by law on the grounds of blood relationship.
 Sexual act
 Blood relatives
 Marriage between them Forbidden by law
 Intent
o Will/volition
o Will involves a desired objective or active desire, i.e. desiring the result as an
objective of the act or omission.
 The act is voluntary (objective)
 There is foresight
 The result is desired (the motive is to cause the result)
o Intent also exists when the perpetrator is certain that the result will occur
irrespective of whether or not he wanted it.
Art 58(1b)- Indirect intention (Dolus Eventualis)
 Here the result is not desired but accepted as a possibility. This is about Risk Taking
 There is foresight in this case too but not for certain. The result is not desired because
he was not acting to bring about the result.
 So he doesn’t desire/want the result. He accepted the possibility that the harm could
follow his action.
 There is foresight because he knows his action could lead to some harm.
 Also called recklessness.
Criminal Negligence (Art 59)
 Lower gravity than intention.
 Presupposes failure to exercise necessary care that a reasonable person is expected to
exercise- this is ascertained having regard to the facts and circumstance of the case.
 Could be advertent or Inadvertent negligence
Art 59(1a,b)- Advertent Negligence
 Also called Conscious negligence
 Like indirect intention, there is foresight. So the criminal foresees the consequences
of his action. But he disregards or rejects the occurrence of the harm.
 So there is awareness about the possibility of the harm.
Art 59(1a,b)- Inadvertent Negligence
 Also called Unconscious negligence.

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 There is no foresight The perpetrator genuinely believes that his action does not lead
to the harm. But he still fails to exercise reasonable care in the circumstances.
 He could have been or should have been aware of the consequences of his action.
 The liability is therefore not for the effect he produced (because he neither knew nor
intended it) but for his blameworthy attitude.

Proof of mens rea

 Different Standards of Proof in different jurisdictions
For intention- Art 58(3)- Objective Standard- No conviction if no knowledge or no
intent. Especially for Dolus eventualis= Reasonable person
 Voluntariness of Conduct
o The movements of his body in producing the harmful result were willful
movements then his mens rea was established.
o Whether or not he exercised his free will while inflicting the harm.
o Usually the accused has to show external interference that resulted in him
inflicting the harm.

For negligence- Art 59(1b)- Subjective Standard- having regard to his personal
circumstances such as age, experience, education, occupation and rank- reasonably
expected precaution.
 Foresight of Consequences
o Whether or not he could have reasonably contemplated the consequences of
his actions.
o A subjective test- given the circumstances of his action, was he aware that his
action might lead to mischievous results.
o The facts of each case were studied to see whether the accused‘s behavior did
or did not reach the moral standard generally accepted and approved in the
period.
o What could have any reasonable person done in the circumstances? Accepted
ethical standards of everyone.
Absence of Criminal Guilt
 Accident(Art 57(2)- No one can be convicted under criminal law for an act
penalized by law if it was performed or occurred without there being any guilt on his
part, or was caused by force majeure, or occurred by accident.

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 Accident presupposes;
o Absence of both intention and negligence
o Exercise of necessary care and caution
 So there is neither awareness nor foresight during accident.
CAUSATION
 A mandatory requirement for criminal liability
 A person is only liable for a criminal conduct if and only if there is a cause and effect
relationship between his conduct and the harm.
 It means had the criminal not behaved in that particular way, the criminal harm would
not have occurred.
 The function of the law of causation is to identify the conditions under which the
result may nevertheless be attributed to the accused.
 Causation is one of the most challenging part of establishing criminal guilt.

 Causation is a bifurcated Test: Two major steps

o Step One: Factual Causation- is any connection between a person’s conduct
and the result alleged to constitute an offence.
o Step Two: Imputable causation’ or legal Causation- If yes, ask whether the
connection is sufficiently strong to justify attributing causal responsibility to
that person.
o A causal connection between conduct and a result is not by itself sufficient to
make that conduct the legally recognised cause of the result. The conduct
causes the result only where the connection is sufficiently strong to justify the
attribution of causal responsibility.
o The assessment of the strength of a connection involves weighing it against
any other factors which contributed to the result.
Tests for Causation
 Two generally accepted tests Necessary or Sufficient
 Sine Qua Non/Absolute Causation/But For Test
o without which not– a prerequisite or necessary condition
o An act in the absence of which the result would not have been achieved is
deemed to be the cause of such result
o It goes too far. A injured B and B on his way to hospital was killed by a car
crush. Had it not been for the injury…
 Substantial Clause Test
o A retrospective test
o looking backwards from a result in order to determine whether, in the light of
all that happened, a particular causal factor has played a substantial role in
bringing about that result.
o a defendant will only be responsible when the degree of his causal
contribution to a given harm has reached some non-de minimis or ‘substantial’
magnitude.
 Reasonable Foreseeability/Proximate Cause Test

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Chimdesa F. Class 5 Criminal Law Notes

o A prospective test
o Adopting the position of the person who was alleged to have caused the result
and then looking forward from the conduct towards the result.
o Whether or not the conduct made the result a reasonably foreseeable
consequence, in the sense that it was within the normal range of expected
outcomes.
o Art 24 (1)- …would, in the normal course of things produce the result
charged.
o So if the circumstance of the act is not Capable of Bringing the Result in the
Normal Course of Things, it is excluded.
o Presumption of causation- art 24/1/2- if the act would in the normal
circumstances produce the result.
 Effect of presumption- shifts burden of proof
o The concern is with the foreseeability of the consequence which is an
ingredient of the offence (eg a death) and not with the foreseeability of the
manner of its occurrence.
 Two Examples
o A hijacked B and was driving fast.
 Case 1: B broke the window and jumped out of the car that resulted in
her death.
 Case 2: A’s car crushed and B died.
Exceptions to Factual Causation
 The Doctrine of Innocent Agency- An innocent agent is a person who is
unwittingly used by someone else to achieve an unlawful end. An example would be
the postman who delivers a bomb which has been sent through the mail. If the bomb
explodes and kills the recipient, the death would not have occurred but for the
delivery by the postman (and the actions of a string of other ’innocent agents’).
 Preceding, Concurrent & Extraneous Causes -Art24(2)
 Preceding Causes
o A cause that existed before the accused’s conduct that has materially
contributed to the result
o Should have made a big difference in producing the result.
o Has to be independent of the relevant act
o Eg. Medical Condition. A was chasing B with the objective of beating him
up. While running away B died of heart failure.
o A beat up B who suffered a minor injury (wound). But due to existing medical
condition B was suffering from, B died in hospital.
 Concurrent Causes
o When two or more causes exist at the time of (simultaneously with) the
conduct and the result can be attributed to these causes.
o We have to identify which of the causes made material contribution
o Two guys beat up A at the same time. Or Two guys shot A at the same time.
 Extraneous Causes
o When the result can be attributed to multiple, mutually exclusive, causes

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Chimdesa F. Class 5 Criminal Law Notes

o A strangled B by suffocating him & left him for dead on B’s farm. B trying to
avoid police attention, proceeds to dispose of the boy in a nearby waterway,
submersing the boy in the water. During the autopsy it is found that the boy
has water in his lungs, which could indicate that he was still alive when he
was submerged and drowned. However, it is also found that the injuries on
the neck might very well be sufficient to explain the cause of death as
strangulation. The juxtaposition is obvious: if the boy was strangled to death,
he could not have drowned, whereas if he drowned, he was not strangled to
death.
 Cumulative Effect (Art 24 (3))
o More than one cause together
o Taken independently they would not cause the result but the cumulative effect
of both caused it
o Presumption in favour of prosecution- As if both caused the result
o Eg. One shot him on the leg and the other stabbed him on his arm
 Victim’s Fault
o Also called Contributory Negligence
o Not accepted as a defense in criminal law

CONCURRENT CRIMES
 Concurrent presupposes several’ So it is either the act that is several (material
concurrence) or the violation that is several (Notional Concurrence)
 The rule is that concurrent crimes flow from single guilt (unity of guilty) and
therefore there should be a unity of penalty.
 can be Notional or Material
Material Concurrence (art 60(a))
 Concurrence of offences
 When several unlawful acts result in the violation of one or more provisions
 the unlawful acts can be Independent or Related
 Related- committing a crime with intent of causing or facilitating the commission of
another crime
 Independent- committing unlawful acts that are independent of one another
Notional Concurrence (art 60(b))
 Concurrence of Provisions
 A single unlawful act that violates several provisions of the law
 Can be Simultaneous or Non-simultaneous
 Simultaneous- crimes resulting from a single casual connection- proof of one of the
crimes proves other crimes
o Eg. A Married Man raped his brother-in-law (Adultery, Rape, Incest,
Homosexuality)
 Non-Simultaneous

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Chimdesa F. Class 5 Criminal Law Notes

o Eg. A man burnt down a house which also killed 2 and injured 5 (Arson,
Homicide, Bodily Injury)
Art 61- Seemingly concurrent acts
 Imperfect concurrence
 Repetitive and successive acts
Art 61(1)- Imperfect Concurrence
 Not technically a concurrence because the criminal acts are the ingredient of a single
crime which is covered by a single provision
 The acts flow from a single guilt of mind (Single criminal fault)
 So when such apparent criminal acts occur, the single provision which covers all the
criminal acts shall apply.
 Robbery includes theft but also implies violence or homicide implies bodily injury or
rape implies coercion
o Should be committed once flowing from a criminal intention and
o Should be committed against a single person
 Or someone blew up a bomb in a market
Art 61(1,2)- Repeated and Successive acts,
o If repeated or successive but still against same protected right, it doesn’t
amount to a new offence rather serves as ground of aggravation
 Eg. Stealing 1o birr per day from workplace
o If successive acts are acts of execution that are ingredients of the crime
 Main Crime+ other unlawful acts
 If A commits financial crimes such as forgery and used the forged
document, no independent crime for circulation
Art 62- Renewal of guilt- exception to art 61
 The act is could be independent, successive or repetitive. From the circumstances we
have to determine if the act is part of the first state of mind or a fresh one.
o Eg. A, planning to rape B, broke into B’s house and,
o Scenario I- committed the act. He also found B’s sister and raped her.
o Scenario II- raped B 5 times
o Scenario III- B run away. After a month, he went back and raped her
Punishment in case of concurrence
 Rule- art 85- concurrent acts are grounds of aggravation of penalty. So cumulative
punishment is not allowed.
 Art 184- Talks about the details of sentencing
o If one of the crimes- capital punishment or life imprisonment then it overrides
o If the crimes result in same forms of punishment then;
 If SI (art 106)- 5 Years
 If RI (art 108)- 25 years

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