Penal Code

Short Title and Repeal

Purpose

Entry into Force

Transition

Application to Other Laws

Definitions and References

Principles of Legality

Principle of Personal Liability

Principle of Criminal Fault

Elements of Conduct

Causation

Elements of Criminal Fault

Definition of Criminal Intent

Guilt in Case of Combination of Offences

Definition of Criminal Negligence

Express Requirement of Negligence

Strict Liability

Age of Responsibility

Involuntary Conduct

Intoxication

Mental Impairment

Limitation on Consent

Mistake of Fact

Ignorance of the Law

Absolute Coercion

Resistible Coercion

Necessity

Excess of Necessity

Self-Defense and Defense of Another

Defense of Property

Excess in Self- Defense

Authorized Acts

Professional Duty

Responsibility of A Person Giving an Order

Responsibility of the Subordinate

Mistake in Defences

Participants

Secondary Participants

Non-Transmissibility of Personal Circumstances

Business Organizations

Attempts

Punishments for Attempts

Jurisdiction - Offences Committed On Eritrean Territory

Jurisdiction - Offences Committed Outside of Eritrean Territory

Limitation on Punishment

Limitations on Bringing Prosecutions

Suspension of Limitation on Bringing Prosecutions

Limitations on Executing Punishments

Right of Complaint or Accusation in General

Offences Depending Upon a Formal Complaint

Right to Preferring of Charges

Collective Complaint

Time within Which to Preferring Charges and Formalities

Withdrawal of Preferring of Charges

Indivisibility

Suspension of Limitation on Executing Punishment

Death of the Accused, the Offender or the Injured Person

Purposes of Sentencing

Proportionality of Sentences

Presumption against Imprisonment

Authority of the Court in Determining Sentence

Authorized Sentences

Classification of Offences

Limitations on Capital Punishment

Fines, Imprisonment and Capital Punishment

Determination of Sentence

Aggravating Circumstances

Mitigating Circumstances

Cumulative Punishment for a Single Act

Retrospective Concurrence

Imprisonment as Punishment for Multiple Offences

Imprisonment in Cases of Recidivism

Conditions of Imprisonment

Service and Computation of Sentence of Imprisonment

Conditional Release

Persons to be Informed of Provisions Regarding Conditional Release

Fines

Restitution to Injured Persons

Priority of Payments

Failure to Pay

Confiscation and Forfeiture

Suspension of Sentence and Probation

Placing Under Supervision

Withdrawal of Official Papers

Guarantee of Good Conduct

Legal Effects

Revocation of Probation and Execution of Suspended Sentence

Community Work

Deprivation of Civil Rights

Effects of Deprivation of Civil Rights

Reinstatement of Civil Rights

Prohibition of Certain Occupations and Entitlement to Hold Permit and/or License

Prohibition from Visiting Certain Places

Prohibition to Settle Down or Reside in a Place

Obligation to Reside in a Specified Place or Area

Additional Punishment for Offences of Public Corruption

Expulsion of Aliens

Punishment for Criminal Violations of Rules and Regulations

Disposition of Defendants Found Not Responsible

Definitions

Measures Applicable to Child Offenders

Treatment of Juvenile Offenders Who Do Not Require Deterrence or Reformation

Punishment of Juvenile Offenders Requiring Deterrence or Reformation

Pardon and Commutation

Amnesty

Effect on Civil Actions

Genocide

Crimes against Humanity

War Crimes against the Civilian Population

War Crimes against Wounded, Sick or Shipwrecked Persons

War Crimes against Prisoners of War

Treason

High Treason

Espionage

Aggravated Espionage

Sabotage

Aggravated Sabotage

Inciting to Mutiny

Interference with Military Service

Aggravated Interference with Military Service

Attacks upon the Head of State of Eritrea

Seditious Libel

Insults to the National Flag of Eritrea or Other Countries

Participation in Preparation

Preparation

Attacks upon Foreign Head of State or Government

Attacks upon Foreign Officials and Diplomats

Crimes against the Security of a Foreign State

Interference with an International Humanitarian Organization

Corruption by a Public Official

Corrupting a Public Official

Aggravated Corruption

Trafficking in Unlawful Influence

Defenses Not Allowed

Providing False Information in a Corruption Investigation

Obstruction of a Corruption Investigation

Failure To Disclose Financial Information

Possession of Unexplained Assets or Income

Corruption by an Agent

Corrupting an Agent

Aggravated Corruption by or With an Agent

Breach of Official Duties

Aggravated Breach of Official Duties

Breach of Confidence by a Public Official

Breach of Confidence

Aggravated Breach of Confidence

Negligent Breach of Confidence

Issuance or Delivery of Official Papers

Intentional Offences Relating to Law Enforcement

Aggravated Offences Relating to Law Enforcement

Negligent Offences Relating to Law Enforcement

Unlawful Strikes

Obstruction of the Exercise of Constitutional Powers

Defamation of Government Institutions

Destruction of Official Notices

Failure to Register

Breach of Prohibition on Publication

Arbitrary Action

Destroying Official Seals

Misappropriation or Destruction of Property in Official Custody

Interference with Authority

Violence against a Public Official

Aggravated Violence against a Public Official

Failure to Report an Offence

Interference with Criminal Processes

False Accusation

Aggravated False Accusation

Misleading Justice

Obstruction of Justice

Refusal to Aid the Court System

Contempt of Court

Violation of Closed Judicial Proceedings

Publication of False or Forbidden Reports of Judicial Proceedings

Biased Publications Intended to Pervert the Course of Justice

Perjury

Aggravated Perjury

False Testimony

Aggravated False Testimony

Mitigated Perjury and False Testimony

False Translation or Interpretation

Subornation

Betrayal of Interests

Aggravated Breach of Betrayal of Interests

Escape

Aggravated Escape

Riot

Aggravated Riot

Riot in a Prison

Public Incitement

Aggravated Public Incitement

Participation in a Criminal Society

Participation in an Unlawful Assembly

Aggravated Participation in a Criminal Society or Unlawful Assembly

Alarming the Public

Defamation of or Interference with Religious and Ethnic Groups

Disturbance of Religious or Ethnic Feelings

Violations of Corpses and Funeral Rites

Disturbance of Meetings

Aggravated Disturbance of Meetings

Disorderly Conduct

Involvement in a Brawl

Aggravated Involvement in a Brawl

Raising a False Alarm

Cruelty to Animals

Endangering the Public

Dishonest Begging

Vagrancy

Obstruction of Elections

Interference with Voting

Electoral Corruption

Electoral Deception

Fraudulent Registration and Nomination

Election Fraud

Breach of Ballot Secrecy

Counterfeiting

Alteration of Currency

Circulation of Counterfeit or Altered Money

Mitigated Circulation of Counterfeit or Altered Money

Counterfeiting Stamps

Aggravated Counterfeiting of Stamps

Failure to Report Possession of Counterfeit Items

Refusal of Legal Currency

Falsification or Misuse of Official Seals and Marks

Aggravated Falsification or Misuse of Official Seals and Marks

Possession of Counterfeiting and Falsification Tools

Aggravated Possession of Counterfeiting and Falsification Tools

Unlawful Refusal to Pay Taxes

Fraud and False Statements Regarding Taxation

Piracy

Hijacking of Aircraft

Endangering Safety of Aircraft or Airport

Placing Explosives or Incendiary Devices aboard Aircraft

Possession of Firearms or Explosives

Aggravated Possession of Firearms or Explosives

Trafficking in Firearms or Explosives

Aggravated Trafficking in Firearms or Explosives

Impairing the Safety of Communications or Transportation

Impairing the Operation of Public Utilities or Services

Offences Resulting From Negligence

Arson or Causing an Explosion Endangering Human Life

Arson or Causing an Explosion Resulting in Damage to Property

Negligent Arson or Causing an Explosion

Failure to Control a Dangerous Fire

Failure to Warn of a Grave Danger to the Public

Causing a Catastrophe

Negligently Causing a Catastrophe

Failure to Prevent a Catastrophe

Driving While Intoxicated

Operating Public Transport While Intoxicated

Aggravated Driving While Intoxicated

Dangerous Driving or Operation

Failure to Stop and Offer Assistance After an Accident or Collision

Contamination or Distribution of Contaminated Drinking Water, Food, Medicine or Consumable Goods

Aggravated Contamination or Distribution of Drinking Water, Food, Medicine or Consumable Goods

Contamination of Land

Aggravated Contamination of Land

Adulteration of Goods, Medicines or Medicinal Products

Aggravated Adulteration of Goods, Medicines or Medicinal Products

Adulteration of Feed

Aggravated Adulteration of Feed

Negligent Contamination or Adulteration

Spreading of Communicable Diseases

Negligent Spreading of Communicable Diseases

Spreading of Animal or Plant Diseases

Negligent Spreading of Animal or Plant Diseases

Handling of Dangerous Substances

Unlawful Sale or Serving of Alcoholic Beverages

Endangering by Mental Means or Practices

Contribution to Shortages or Famine

Aggravated Contribution to Shortages or Famine

Practising Health Service or Pharmacy without a Permit and Licence

Unlawful Use or Supplying of Narcotics or Dangerous Substances

Aggravated Unlawful Use or Supplying of Narcotics or Dangerous Substances

Failure to Provide Medical Services

Murder

Aggravated Murder

Provoked Murder

Negligent Homicide

Infanticide

Assisting Suicide

Forcible Abortion

Unlawful Abortion

Permissible Abortion

Intentional Bodily Injury or Assault

Negligent Bodily Injury or Assault

Administering a Noxious Substance

Deprivation of Powers of Decision

Kidnapping and Abduction

Illegal Restraint

Aggravated Kidnapping or Illegal Restraint

Exposure and Endangerment of a Person to Death

Exposure and Endangerment of a Person to Serious Bodily Injury

Failure to Give Aid to another Person

Aggravated Failure to Give Aid to another Person

Making Threats

Coercion

Enslavement and Abetting Traffic

Violation of Privacy

Violation of the Right of Freedom to Work

Aggravated Violation of the Right of Freedom to Work

Defamation or Malicious Injury to Honour or Reputation

Insulting Behavior and Outrage

Sexual Assault

Aggravated Sexual Assault

Sexual Outrage on Minors between Fifteen and Eighteen Years of Age

Aggravated Sexual Outrage on Minors between Fifteen and Eighteen Years of Age

Rape

Aggravated Rape

Incest

Homosexual Conduct

Consent to Sexual Conduct

Public Indecency

Obscene or Indecent Publications

Prostitution

Traffic in Women, Infants and Young Persons

Aggravated Traffic in Women, Infants and Young Persons

Organization of Traffic in Persons

Aggravated Organization of Traffic in Persons

Bestiality

Fraud and Deceit in Marriage

Solemnisation of an Unlawful Marriage

Bigamy

Adultery

Failure to Surrender a Child

False Registration or Substitution of Civil Status

Failure to Provide Support

Child Neglect

Theft of Property

Aggravated Theft

Robbery

Aggravated Robbery

Receiving Stolen Property

Aggravated Receiving of Stolen Property

Theft of Services

Temporary Taking of Property for Use without Consent

Petty Theft

Criminal Damage to Property

Aggravated Criminal Damage to Property

Failure to Report the Finding of Mislaid or Lost Property

Criminal Trespass

Aggravated Criminal Trespass

Damage to Property of another Caused by Herds or Flocks

Disturbance of another’s Holding

Displacing and Removal of Boundary Marks

Going Equipped for Theft, Robbery, or Other Offences under This Chapter

Misappropriation of Property of another

Fraud

Aggravated Fraud

Issuing or Passing of Bad Cheque

Deceptive Business Practices

Credit Card Fraud

False Accounting

Fraud in Relation to Minerals or Mineral Rights

Fraud in Relation to Mines

Insurance Fraud

Fraud against Creditors

Mismanagement of Private Interests

Taking Advantage of Persons under the Age of 18 or Persons Legally Incapable of Managing Their Own Affairs

Fraudulent Unfair Competition

Infringement of Marks, Declarations of Origin, Designs or Models

Infringement of Copyright

Misappropriation or Destruction of Property Subject to Pledge Usufruct or Encumbrance

Misappropriation or Destruction of Property Subject to a Court Order

Fraudulent Bankruptcy

Blackmail

Fraudulent Borrowing and Lending

Usury

Material Forgery

Use of Forged Writings or Documents

Aggravated Forgery

Petty Use of Forged Writings or Documents

Possession of Paper, Material and Equipment for Forgery

Fraudulent Destruction, Removal or Concealment of Recordable Writings or Documents

Unauthorized Use of a Computer

Aggravated Unauthorized Use of a Computer

Interpretations

Definition of Trafficking and Manufacturing

Trafficking in or Manufacturing of a Large Commercial Quantity of Controlled Drugs

Trafficking in or Manufacturing of a Commercial Quantity of Controlled Drugs

Trafficking in or Manufacturing of a Controlled Drug

Complicity in Drug Offences

Sale of a Controlled Precursor for Purposes of Manufacture of Controlled Drugs

Manufacture of a Controlled Precursor of Controlled Drugs

Possession of Substance, Equipment or Other Thing for Commercial Manufacture of Controlled Drugs

Cultivation of Large Commercial Quantity of Controlled Plants

Cultivation of Commercial Quantity of Controlled Plants

Cultivation of Controlled Plants

Trafficking in Controlled Plants

Possession of Plant Material or Equipment for Commercial Cultivation of Controlled Plants

Supply of Controlled Drugs or Controlled Plants to a Minor for Trafficking

Procuring a Minor to Traffic in Controlled Drugs or Controlled Plants

Supply of Controlled Drugs or Controlled Plants to a Minor

Mistake as to Age of a Minor

Exemption for Minors

Possession of Controlled Drugs for Personal Use or Consumption

Possession or Cultivation of a Controlled Plant for Personal Use or Consumption