Article 323

A spouse bound by a union recognised under civil law who has voluntary sexual intercourse with a person other than his spouse and such other person who knows that his partner is married, are each guilty of adultery, a Class 2 petty offence, punishable with a definite term of imprisonment of not less than 1 month and not more than 6 months, or a fine of 5,001 – 20,000 Nakfas, to be set in intervals of 1,000 Nakfas.

Adultery may only be prosecuted upon the preferring of charges by the injured spouse.

No Criminal proceedings shall follow where the complainant has provoked the adultery, consented to it, condoned it or derived profit from it.

The Court may without restriction mitigate the punishment (Article 66) where at the time at which the adultery was committed, the two spouses had already ceased to cohabit, or where the complainant himself has committed adultery or has been guilty of any other conduct constituting legal ground for divorce or separation.