DebreMarkos University

College of law
Course title Legal History and customary Law
Individual Assignment
Topic: Comprehensive Analysis of the Codification Process of the
1957 Ethiopian Penal Code
Name..................................................................................................................................ID
 Dibekulu Hayilu Abiye................................................................................................... 2527

Submit to: Dr.Geta Belete

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Table..............................................................................................................................page
Content
1. Historical Background......................................................................................…......... 3
2. Formation and responsibility of the drafting commission of 1957 penal code of
Ethiopia...................................................................................................................….…......4
2.1. Origin of codification initiative ....................................................................................4
2.2. Formation of the codification commission....................................…..........................4
2.3. Key Figures in the Drafting Process...........................................................................4
2.4. Responsibilities of the Drafting Commission...........................................…............... 5
3. The source consulted throughout the drafting process of 1957 penal code of
Ethiopia.......................................................................................................................….......6
4. Challenge faced and solution adopted during codification of 1957 penal code of
Ethiopia......................................................................................................................…........7

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Comprehensive Analysis of the Codification Process of the 1957 Ethiopia Penal Code
o Historical background
 Legal system is a set of principle, rules, laws and institutions that govern a given society. It may
be develop, adopt and change over a certain time. In Ethiopia, Before 1950s Ethiopia legal
landscape was characterized by a complex interplay of diverse legal traditions. It leads to
inconsistencies and lack of legal certainty. This fragmented legal system hindered national
development. Generally, legal system reflects the cultural, socio-economic and political
development of the society. However, the economic development highly affected in Ethiopia
based on lack of a formal legal system. Ethiopia had informal legal system that was govern
criminal matter before the codification of 1957 penal code. Such as Fewuse menfessawi, Which
was written in the 15th century during the period of Emperor Zara Yacob. It had 62 provisions
that address criminal issue in that period. 1 The second one was Fetha Negest was formally used
during the period of Emperor menelik to govern both civil and penal matter. The sources of Fetha
Negest are not clearly known, but some scholars said that the source comes from old testament,
new testament, Roman law and also Islamic law. Particularly , through the writer Ibn al-Assal in
the area of sales, charitable legacy and procedures. Thirdly, the codification of 1930 penal code
that was the first modern written /codified penal code in Ethiopian legal system. It had 487
provisions that govern the country criminal act. The source of this penal code was Fetha Negest,
the siamese penal code and French Indochina penal code. The 1930 penal code clearly defined
criminal rules by prohibited action and their consequence. In reality, this penal code was the
continuation of the Fetha Negest in two ways; firstly, it is expressly stated that it is the revision of
the Fetha Negest2. Secondly, based on interpretation techniques, both had used relatively similar
method of interpretation. After two decade, the desire for legal unity, consistency, accessibility
and modernization fueled the drive to create a comprehensive penal code, Which result was the
codification of new penal code of Ethiopia. The historical objective of the enactment of 1957
penal code was to serve as a unifying force and to enhance future development of the country
penal code of Ethiopia was promulgated on July 23, 1957 and come into force on May 5, 1958
and was in force until may 8th 2005
 Formation and responsibility of the drafting commission of 1957 penal code
 Origin of the Codification Initiative

1
Crummey Donald, Land and Society in the Christian Kingdom of Ethiopia: From the Thirteenth
to the Twentieth Century (James Currey, 2000.
2
Penal Code of the Empire of Ethiopia 1930.

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 After having revised the Constitution of the Empire, Emperor Haile Selassie I sought 'broad and
advanced legislative program' leaning towards the reform and new codification of civil,
commercial, penal and procedural laws in order to adapt the conditions of Ethiopia to modem
requirements in the conviction.
 Formation of the Codification Commission
To realise this vision, Emperor Haile Selassie I established a consultative commission in March
1954 to spearhead the creation of new legislation. This commission comprised a distinguished
assembly of high-ranking officials, including the Crown Prince, the head of the Ethiopian Church
(Abuna Basilios), ministers, and other high dignitaries. This composition underscored the
significance of the legislative task and ensured that diverse perspectives were considered in the
codification process.3
The consultative commission was the body that gave rise to the Fetha Negest Gubae
(Codification Commission), formally established on 26 March 1954. This commission was
entrusted with the actual work of drafting and codifying the new laws. To ensure a
comprehensive and balanced approach, the Codification Commission included both Ethiopian
and foreign members, drawing upon a wealth of legal expertise and experience.
The Codification Commission was further divided into two specialised sub-commissions.
I. The Commercial and Maritime Codes' Commission.
II. The Civil and Penal Codes' Commission.
 Key Figures in the Drafting Process
While numerous individuals contributed to the codification effort, three professors played a
particularly prominent role:
I. Jean Escarra
II. Rene David
III. Jean Graven
 These three professors were members of both the Commercial and Maritime Codes Commission
and the Civil and Penal Codes Commission. Jean Escarra drafted the Commercial Code and the
Maritime Code. Rene David drafted the Civil Code and the Code of Obligation. Jean Graven
drafted the Penal Code, the Judiciary Code (organization and jurisdiction of the courts), the Civil
Procedure Code, and the Penal Procedure Code. Following Escarra's death, Alfred Jauffret
completed the Commercial Code.
3
Aberra Jembere, 'The Making of the Ethiopian Penal Code: Towards Modernization of the Ethiopian Legal System'
(1998) 12(2) Journal of Ethiopian Law 45.

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  The actual drafting of the Penal Code of 1957 was initiated in 1954 by Jean Graven, a Swiss
professor and Dean of the Faculty of Law of the University of Geneva. Graven's expertise in
comparative penal law and procedure made him ideally suited to lead this critical
undertaking. The draft Penal Code was submitted to the Codification Commission (the Fetha
Negest Gubae) and, after that, to the Parliament. It was published in the special issue of the
Negarit Gazeta as Proclamation No. 158/1957 and contained 820 Articles. 4
 Responsibilities of the Drafting Commission
The new penal code needed to be original and national, corresponding to the tradition of
justice, the vital needs, and the possibilities of enforcement in Ethiopia. The legislative
Commission was to make this possible, despite any obstacles. The Commission, along with
Parliament, considered that the adaptation to Ethiopian realities and needs had met the
demands of tradition and recent progress, of the past and of the future.
 The Great Legislative Commission was composed of approximately twenty-five members, both
Ethiopians and foreigners, representing law, government, and business.
• The Commission was called upon to learn the general scheme of the project and readily
approved the leading principles suggested unanimously by the three experts charged with
elaborating the various Code projects, with the idea of insuring unity of mind and method as
well as of a mutual effort.
• Made up of judges, magistrates, governors and senior Ethiopian officials, immersed in the
knowledge of their own customs and law; higher judges, lawyers and foreign legal counselors
established in Ethiopia for a long time; and bank directors, business executives and chambers of
commerce, the Commission was qualified to give general opinions and bring to a head the
instrument of the so-called legislative preparation.
• After the elaboration of the texts was completed, it was up to the Commission to examine the
result as a whole and to give its ideas on the codes before they were submitted to Parliament, as
was done for the project of the Penal Code.
 A Small Commission was drawn from the General Commission and represented it.
• It was composed of a certain number of Ethiopians, the most competent and the most
experienced according to their high positions and foreign presidents and vice-presidents of the
High Court of Addis Ababa,who were distinguished jurists, of varying backgrounds, connected

4
Jean Graven, 'The Drafting of the Ethiopian Penal Code' (1957) Negarit Gazeta, Proc No 158/1957.

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 with the two great systems of law (the Anglo Saxon, and the French and Continental), thus
assuring a balanced recognition of the elements of both tradition and comparative law.
• The Small Commission met with the drafter, under the chair manship of His Excellency the
Minister of Justice or, in the event of his not being able to attend, His Excellency the Vice
Minister of Legislation, who gave the project complete support and worth while impetus.
• It is this same Commission that did all the work of examining and compiling (including the
translations) the multiple work of the experts.
• It put a stamp of definitive Ethiopian character on the project while awaiting parliamentary
approval, and also assured its indispensable unity.
o The source consulted throughout the drafting process of 1957 penal code of
Ethiopia
 The 1957 penal Code was drafted by Jean Graven, a Swiss jurist who was at that time Dean of the
Faculty of Law and president of the court of cassation in Geneva, Switzerland. Since the drafter,
professor Jean Graven was an authority on Swiss penal laws were made from the Swiss penal
code, but a number of other codes were consulted. These secondary sources were the French
penal code of 1810, the Yugoslavia penal code of 1951 in relation to military offences, the codes
of Norway, Poland, Denmark and Federal republic of Germany, the Netherland Portugal, Spain,
Italy, Brazil and Greece and also Some provisions of universal declaration of human rights and
the red cross Geneva convention incorporated in the penal code of Ethiopia5.
 Challenge faced and solution adopted during codification of 1957 penal code of Ethiopia.
 During the codification of this penal code many challenges are faced. Some of them are lack of
legal expertise, resistance from religious leaders and traditionalist, political pressure, that was
influenced by the emperor Hailed selassie, enforcement challenges specially lack of
infrastructure, prison, Court and police to applied in the ground, gender and social inequality,
particularly women was marginalized by patriarchal society 6. To solve this problem the solution
was adopted. These are the engagement of foreign legal expertise, particularly the drafter of the
penal code Jean Graven, who is ensured that the cod was modern and systematic with incorporate
Ethiopian legal traditions. Secondly, public awareness campaign and balancing religious and

5
Jean Graven,(n4) (Geneva University Press 1957).
6
Abera, Mulugeta. 'The 1957 Penal Code of Ethiopia: A Study on It’s Legislative Background
and Characteristics' (1997) 18 Journal of Ethiopian Law 15.

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 secular laws, during the time, there were efforts to educate the public about the important of
modern law and the drawback of religious and traditional laws7.

Reference
Books;

7
Assefa Fikremarkos Merso, 'Modernization of Law in Ethiopia: An Appraisal' (2007) 6
Ethiopian Journal of Social Sciences and Humanities 1.

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  Crummey Donald, Land and Society in the Christian Kingdom of Ethiopia: From the Thirteenth
to the Twentieth Century (James Currey, 2000.

 Faculty of Law Haile Selassie I University, 1968.

 Penal Code of the Empire of Ethiopia 1930.

 Jean Graven, The Drafting of the 1957 Ethiopian Penal Code: Influence of Swiss Penal Law and
Other Sources (Geneva University Press 1957).

 Abera, Mulugeta. 'The 1957 Penal Code of Ethiopia: A Study on It’s Legislative Background and
Characteristics' (1997) 18 Journal of Ethiopian Law 15.

 Assefa Fikremarkos Merso, 'Modernization of Law in Ethiopia: An Appraisal' (2007) 6

Journal article

1.Aberra Jembere, 'The Making of the Ethiopian Penal Code: Towards Modernization of the Ethiopian
Legal System' (1998) 12(2) Journal of Ethiopian Law 45.

2. Jean Graven, 'The Drafting of the Ethiopian Penal Code' (1957) Negarit Gazeta, Proc No 158/1957.