Inthecommissionofcriminaloffence,theremaybeseveralpersonsorgroupswhichplaydistinctroles.

Collectively,thesepersonsorgroupsarecalledpartiestothecrime

A crime can be committed by numerous people who engage in the commission of a crime in various or
the same roles; consequently, the degree of involvement and role played by such persons in the crime
must be determined. A crime may be committed by two or more people, who may be involved in the
planning, guidance, commission, providing information, keeping a watch out, or instigating(initiating)
the crime; this is referred to as participation.

Generally, participation is categorized into Principal participation and secondary participation.

Principal participation. Different legal systems define principal participation differently. Some legal
systems describe it narrowly, including only those who physically or personally participate in the
conduct of the offence. Other legal systems, on the other hand, define it broadly to encompass not just
material criminals but also those who participate in the conduct of the violation either morally or
indirectly.

secondary participation. This is a person who assists the principal in the first degree. Moreover, for a
person to be principal in the second. 1

Under common law Parties to a crime are categorized into three groups: Principal in the first degree,
Principal in the second degree, and accessory before the fact.

-Degrees of participation in the commission of crime under Ethiopian criminal code.

The Ethiopian criminal code has recognized parties to crimes and regulated their status as well. 2
However, it does not follow the categorization technique; rather, it divides degrees of participation into
two categories: participation in principal capacity and participation in secondary capacity.

1. Participation In Principal Capacity:

In Ethiopia, principal participation is defined broadly that it takes the forms of material, moral and
indirect offenders. These forms of principal participation are provided under Article 32 of the
Criminal Code, which states that: -
“a person shall be regarded as having committed a crime and punished as if:
(a) he actually commits the crime either directly or indirectly, in particular by means of an
animal or a natural force; or
(b) he without performing the criminal act itself fully associates himself with the commission of
the crime and the intended result; or

1
THE CRIMINAL CODE OF FDRE, Article. 32(1)(a).
2
Philippe Graven, AN INTRODUCTION TO ETHIOPIAN PENAL LAW (arts 1-84), p.94
A Handbook on the Criminal
Code of Ethiopia,
DejeneGirmaJanka
(c) he employs an infant or a person who is mentally deficient or unaware of the circumstances,
for the commission of a crime or compels another person to commit a crime.
(2) Where the crime committed goes beyond the intention of the criminal, he shall be tried in
accordance with Article 58(3).

(3) Where two or more persons are involved as principal criminals in the commission of a crime,
each shall be liable to the punishment attaching thereto. The Court shall take into account the
provisions governing the effect of personal circumstances (Art. 41) and those governing the
award of punishment according to the degree of individual guilt (Art. 88).

Let's see the three forms of participation in principal capacity one by one.

I. Material Criminal:
one is actually commits the crime either directly or indirectly, in particular by means of an
animal or a natural force.3 This form of participation is dealt with under Article 32(1) (a) of the
Criminal Code.

It exists when the one, who, with the requisite mental state, personally engages in the act or omission
concurring with mental state which causes the criminal state. For instance, the act of taking another
person’s life is the material element of an offence of homicide; Whosoever performs this act is regarded
as a principal offender and he is often referred to as a material offender. 4 such a principal criminal can
commit the offence either directly or indirectly.

We can say the offence is direct if a person commits the crime directly, physically or personally commits
the offence. E.g. If a man stabs someone with a knife.

It might also be indirect if the offender conducts the crime utilizing tools such as animals or natural
force. Mr. Eskeadmas Tsehayu Belay gives an example on his book: -

“ሆኖም የወንጀል ድርጊቱን የፈመፀው አደገኛ ውሻውን በመጠቀም የሰው አካል ላይ ጉዳት እንዲደርስ ቢያደርግ፡ የጋማ
ከብቶችን በማሰማራት ጉዳት እንዲያደርሱ ቢያደርግ የወንጀል ድርጊቱን የፈፀመው እንስሳትን በመጠቀም የተፈፀመ
ነው።በሌላ በኩል ለምሳሌ ጎርፍን በሰው መኖሪያ ቤት ላይ እንዲወርድ በማድረግ፣ የእሳት ቃጠሎ እንዲደርስ በማድረግ
የወንጀል ድርጊቱን ፈጽሞት እንደሆነ የተፈጥሮ ኃይሎችን በመጠቀም የተፈፀመ ወንጀል ነው ለማለት ይቻላል።”5

3
በልሃ-ልበልሃ, የወንጀል ሕግ እና የክርክር ስነ-ስርዓት ማብራሪያ, እስካድማስ ፀሐዩ በላይ. P. 62
4
A Handbook on the Criminal Code of Ethiopia,Dejene Girma Janka, P.127
5
A Handbook on the Criminal Code of Ethiopia, Dejene Girma Janka.
A Handbook on the Criminal
Code of Ethiopia,
DejeneGirmaJanka
A person may also be considered a material criminal if he or she commits an act recklessly(negligently)
and causes a prohibited injury. This means that a person does not always have to commit a crime on
purpose to be considered a principal party in the form of a material criminal. Negligent performance of
an act can constitute material criminal.

II. Moral Criminal:

Sometimes, people may not perform the material elements of crimes. Instead, they may associate
themselves with the commission of crimes and the results intended. For example, they may
organize material offenders, select the possible victims, the place and time of committing the
crimes.6
In the Ethiopian criminal Code, these offenders are regulated under article 32 (1(b). The Code defines
them as persons who, without performing the criminal acts by themselves, fully associate themselves
with the commission of crimes and the intended result.

6
A Handbook on the Criminal Code of Ethiopia, Dejene Girma Janka. P. 121
A Handbook on the Criminal
Code of Ethiopia,
DejeneGirmaJanka