It has been almost half a century since the 1919 Penal Code came into force. During this period, radical political, economic and social changes have taken place in Ethiopia. Among these, the equality of religions, nations, nationalities and peoples, the democratic rights and freedoms of citizens and residents, as well as human rights, especially the rights of groups of society such as children and women, can be mentioned in the international treaties that Ethiopia has ratified and their recognition in the constitution. After all these changes, it would not be appropriate to continue to implement the 1919 Penal Code.

Another gap in the Penal Code is that it does not adequately cover crimes that have arisen due to technological development and the complexity of modern life. Crimes such as hijacking, computer crimes, and money laundering are not covered by the Criminal Code. In addition, crimes related to corruption and drugs, which are currently causing a major crisis and are attracting attention in law enforcement and monitoring at the national, continental, and international levels, are not adequately covered by the Criminal Code, despite their seriousness.

Another issue that should not be ignored is the failure of the Criminal Code to recognize that harmful traditional practices cause great harm and suffering to children and women. Of course, the Constitution stipulates that people’s culture should be respected, but the Constitution does not support practices whose harmfulness has been scientifically proven.

It is true that the law that the people do not believe in and do not support is often ineffective, so it is not useful to enact such a law. However, sometimes the legislator should educate and guide the society to free itself from harmful customs by enacting modern laws, which is a matter supported by the philosophy of criminal law.

In addition, the Negarit Gazette supports the enacting of a comprehensive law that integrates the criminal provisions scattered in various laws as much as possible. Also, since the regular criminal law and the amended special criminal law work side by side on the same issues, it does not take into account the equality of citizens, so the existence of a comprehensive criminal law will put an end to this kind of practice.

A great deal of effort has been made in all parts of the country to eliminate the above-mentioned shortcomings and enact a complete criminal law. The draft criminal laws prepared by the Ministry of Justice and the Justice and Legal System Research Institute were discussed. Legal and medical experts, intellectuals, various higher education institutions and professional associations contributed significantly to the drafting of the law by providing their opinions. The people were able to submit useful ideas on the draft laws in meetings held in Addis Ababa and the regions by sending their representatives from various sectors and associations. The punishments for crimes such as kidnapping, rape and aggravated robbery were made more severe mainly based on public opinion. In addition, the opinions of legal scholars and foreign laws and practices were reviewed to develop the content of the criminal law.

Finally, an important point that should not be overlooked is the issue of sentencing. It is necessary to facilitate the way in which courts determine similar sentences in similar cases, and some significant changes have been made to the provisions of the law. The provisions of the Criminal Code that make sentencing complex and difficult have been amended. A provision has been included that allows the courts to carefully examine the case from the simplest to the most serious and determine the appropriate punishment for each case. A sentencing manual will be issued to ensure and monitor the accuracy and consistency of sentencing.

A point that should be raised in connection with sentencing is that the purpose of the Criminal Code is to maintain the peace and security of society. The society is protected by preventing crime from being committed, and one of the main ways to achieve this goal is through punishment.

Punishment of criminals will deter them from committing other crimes; it will also serve as a warning to future criminals. Although imprisonment or the death penalty is applicable for certain crimes, the main idea is to temporarily or permanently prevent the perpetrators from committing further crimes against society.

In such cases, even those sentenced to life imprisonment, except for the death penalty, may be released on probation before completing their sentences. In some cases, even without a sentence being passed or even if a sentence is passed, the convicts may be released on probation. This allows the convicts to lead a peaceful life and shows the high importance that the Criminal Code attaches to the rehabilitation of the convicts.

The fact that the convicts are trained in various vocational activities and receive academic education when they leave prison, instead of being imprisoned and confined, confirms the high value that the Criminal Code places on the rehabilitation of the convicts.

It should be noted that the Criminal Code clearly addresses these issues in order to ensure that the courts take into account the purpose of the law and the various goals of punishment when determining punishment.

It is believed that the revised Criminal Code, which has been made through all these tireless efforts, will ensure the stability, peace and security of the country and its people, as well as the rights and freedoms of its citizens and residents.

In the belief that the Criminal Code will accelerate the economic growth of the country and promote a stable free market system, as well as help establish a proper justice system in our country, the following is hereby declared in accordance with Article 55(1) and (5) of the Constitution of the Federal Democratic Republic of Ethiopia.