{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:penal:2015:article:164","workId":"law:eri:code:penal:2015","expressionId":"law:eri:code:penal:2015:en","title":"Failure to Report an Offence","number":"164","language":"en","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/164/","hierarchy":{"part":"PART II — THE SPECIAL PART","book":"BOOK II — OFFENCES AGAINST THE INTERESTS OF THE STATE","title":null,"chapter":"Chapter 7. — Offences against the Administration of Justice"},"paragraphs":[{"id":"p1","number":"1","text":"A person who, by whatever means:","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/164/#p1","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":143,"url":"https://eriatlas.com/sources/penal-code-2015/page/143/?article=164&paragraph=p1#article-164-p1"}]},{"id":"p1a","number":"a","parentId":"p1","text":"knows of a plan to commit a Class 1 or 2 serious offence, including Articles 112, 114 and 116, in time to prevent its commission, and fails without good cause to make a timely report to the competent authorities,","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/164/#p1a","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":143,"url":"https://eriatlas.com/sources/penal-code-2015/page/143/?article=164&paragraph=p1a#article-164-p1a"}]},{"id":"p1-tail","number":"","parentId":"p1","text":"is guilty of failure to report an offence, a Class 1 petty offence, punishable with a definite term of imprisonment of not less than 6 months and not more than 12 months, or a fine of 20,001 – 50,000 Nakfas, to be set in intervals of 2,500 Nakfas.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/164/#p1-tail","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":143,"url":"https://eriatlas.com/sources/penal-code-2015/page/143/?article=164&paragraph=p1-tail#article-164-p1-tail"}]},{"id":"p1b","number":"b","parentId":"p1","text":"knows the identity of the perpetrator of, or of the commission of, a Class 1 or 2 serious offence, including Articles 112, 114 and 116, and fails without good cause to make a timely report to the competent authorities,","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/164/#p1b","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":144,"url":"https://eriatlas.com/sources/penal-code-2015/page/144/?article=164&paragraph=p1b#article-164-p1b"}]},{"id":"p1-tail-2","number":"","parentId":"p1","text":"is guilty of failure to report an offence, a Class 9 serious offence, punishable with a definite term of imprisonment of not less than 1 year and not more than 3 years.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/164/#p1-tail-2","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":144,"url":"https://eriatlas.com/sources/penal-code-2015/page/144/?article=164&paragraph=p1-tail-2#article-164-p1-tail-2"}]},{"id":"p2","number":"2","text":"Sub-Article (1) does not apply:","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/164/#p2","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":144,"url":"https://eriatlas.com/sources/penal-code-2015/page/144/?article=164&paragraph=p2#article-164-p2"}]},{"id":"p2a","number":"a","parentId":"p2","text":"where the person who receives the information is a clergyman who has received the information in that capacity;","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/164/#p2a","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":144,"url":"https://eriatlas.com/sources/penal-code-2015/page/144/?article=164&paragraph=p2a#article-164-p2a"}]},{"id":"p2b","number":"b","parentId":"p2","text":"where no crime is even attempted; or","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/164/#p2b","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":144,"url":"https://eriatlas.com/sources/penal-code-2015/page/144/?article=164&paragraph=p2b#article-164-p2b"}]},{"id":"p2c","number":"c","parentId":"p2","text":"where the person averts the commission or effect of the planned crime other than by informing the authorities, or has made earnest attempts to dissuade the principal from committing the offences, and the crime has been prevented by other means.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/164/#p2c","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":144,"url":"https://eriatlas.com/sources/penal-code-2015/page/144/?article=164&paragraph=p2c#article-164-p2c"}]}],"caution":"English-language 2015 Ministry of Justice edition. Refworld catalogues this English expression as an unofficial translation; Eri Atlas has not independently verified the translation."}