{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:penal:2015:article:142","workId":"law:eri:code:penal:2015","expressionId":"law:eri:code:penal:2015:en","title":"Breach of Official Duties","number":"142","language":"en","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/142/","hierarchy":{"part":"PART II — THE SPECIAL PART","book":"BOOK II — OFFENCES AGAINST THE INTERESTS OF THE STATE","title":null,"chapter":"Chapter 5. — Offences Violating Official Duties"},"paragraphs":[{"id":"lead","number":"","text":"A public official who, with intent to unlawfully enrich or incur a direct or indirect advantage for himself or another or to cause harm to another or to the State;","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/142/#lead","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":128,"url":"https://eriatlas.com/sources/penal-code-2015/page/128/?article=142&paragraph=lead#article-142-lead"}]},{"id":"pa","number":"a","text":"exceeds the power with which he is officially vested; or","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/142/#pa","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":128,"url":"https://eriatlas.com/sources/penal-code-2015/page/128/?article=142&paragraph=pa#article-142-pa"}]},{"id":"pb","number":"b","text":"performs official acts when he is not or is no longer, qualified to do so, especially in the case or in consequences of incompetence, suspension, removal from office or its cessation,","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/142/#pb","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":128,"url":"https://eriatlas.com/sources/penal-code-2015/page/128/?article=142&paragraph=pb#article-142-pb"}]},{"id":"u2","number":"","text":"is guilty of breach of official duties, punishable in the following order of graduation:","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/142/#u2","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":128,"url":"https://eriatlas.com/sources/penal-code-2015/page/128/?article=142&paragraph=u2#article-142-u2"}]},{"id":"pi","number":"i","text":"an offence under this Article for an amount not exceeding 100,000 Nakfas, or any other benefit calculated to be equivalent to that amount, shall be punished as a Class 8 serious offence, punishable with a definite term of imprisonment of not less than 3 years and not more than 5 years;","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/142/#pi","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":128,"url":"https://eriatlas.com/sources/penal-code-2015/page/128/?article=142&paragraph=pi#article-142-pi"}]},{"id":"pii","number":"ii","text":"an offence under this Article for an amount between 100,001 and 1,000,000 Nakfas, or any other benefit calculated to be equivalent to that amount, shall be punished as a Class 7 serious offence, punishable with a definite term of imprisonment of not less than 5 years and not more than 7 years;","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/142/#pii","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":128,"url":"https://eriatlas.com/sources/penal-code-2015/page/128/?article=142&paragraph=pii#article-142-pii"}]},{"id":"piii","number":"iii","text":"an offence under this Article for an amount between 1,000,001 and 5,000,000 Nakfas, or any other benefit calculated to be equivalent to that amount, shall be punished as a Class 6 serious offence, punishable with a definite term of imprisonment of not less than 7 years and not more than 10 years;","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/142/#piii","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":128,"url":"https://eriatlas.com/sources/penal-code-2015/page/128/?article=142&paragraph=piii#article-142-piii"},{"sourceId":"penal-code-2015-en","pdfPage":129,"url":"https://eriatlas.com/sources/penal-code-2015/page/129/?article=142&paragraph=piii#article-142-piii"}]},{"id":"piv","number":"iv","text":"an offence under this Article for an amount exceeding 5,000,000 Nakfas, or any other benefit calculated to be equivalent to that amount, shall be punished as a Class 5 serious offence, punishable with a definite term of imprisonment of not less than 10 years and not more than 13 years.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/142/#piv","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":129,"url":"https://eriatlas.com/sources/penal-code-2015/page/129/?article=142&paragraph=piv#article-142-piv"}]}],"caution":"English-language 2015 Ministry of Justice edition. Refworld catalogues this English expression as an unofficial translation; Eri Atlas has not independently verified the translation."}