Legislación Informática de Afghanistan. Criminal Law (Penal Code) 15 MIzan 1355 (7 October 1976)

FIRST BOOK: GENERAL PROVISIONES

BOOK TWO

Section One

Chapter Six: Theft and Destruction of Official Papers and Documents

Article 280

1. If due to negligence of the official of public services, who is assigned to keep documents and/or dossiers of the State or judicial claims papers, the said paper are stolem, cancealed or destroyed the assignee shall be sentenced to short imprisonment of not less than three months or cash fine of not more than twelve thousand Afghanis.

2.- The thieve, cancealor or destroyer of the articles mentioned in the above paragraph shall be sentenced to medium imprisonment.

3.- If the doer is the person assignet to keep the articles noted in paragraph 1 of this article, he shall be sentenced to long imprisonment of not more than ten years.

4.- If the theft, cancealment or destruction of articles noted in paragraph 1 of this article takes place by compulsion of its attendents, the person committing it shall be sentenced to long imprisonment.

5.- The thieve, concealor or destroyer of documents with national value shall be sentenced to the maximum of long imprisonment.

6.- If theft or destruction of documents mentioned in paragraph 5 of this article takes place as a result of the negligence of the official of public services, the person commiting it shall be sentenced to medium imprisonment.

 

Article 281  

If the official of post and telegraph hides, discloses or opens a letter or telegram delivered to him, or provides othere wiht facilities to this and, he shall be sentence in addition to debarment from the proffession or separation from service, he short imprisonment of into less than three months or cash fine of not less than three thousand and not more than twelve thousand Afghanis.

 

Chapter Twelve.- Imitation of Signs and Printed Articles of Post, Telegraph and Taxation

Article 323

The undernoted persons shall be sentenced to short imprisonment of not more than six months or cash fine of not more than six thousand Afghanis.

a.-A person who imitates printed matters or postal, such as to similar in its apparent from to postal signs or post and telegraph offices of Afghanistan or that of the member states of the Universal Post Union, and can be casily accepted as real.

b.- A person who propagates the printed matters or samples mentined in the above paragraph in Afghanistan or deals in them or sells them or offers them for sale or keep with him for the purpose of propagation or dealing or selling.

Article 324

The following persons shall be sentenced to shor imprisonment of not less than three monts and not more than six months or cash fine of not less than three thousand and not more than six thousand Afghanis.

a.- A persona who imitates printed matters or samples which are similar in their apparent form with the signs of tax tickets of Afghan tax offices or the tickets of Afghan Red Crescen Society, such as to be easily acceptable instead of real papers.

b.- A person who propagates the printed matters of samples mentioned int the above paragraph in Afghanistan or deals in them or sells thems or offers them for sale or keeps with him for the purpose of propagatin, doaling or selling.

c.- Is a profit is made as a result of commitment of the crimes mentioned in this chapter the court shall be order the return of its equivalent.

 

Section Two

Chapter Fourteen: Disclosure of Secret of Persons

Article 445

1. A person who discovers, through his job, ocoupation, profession or nature of work, a hidden fact (of Knowledge), and reveals the discovered fact contrary to the provisions of the law or uses this fact for his own or someone else´s benefict shall be sentenced to medium imprisonment of not more than two years, or would be fined and amount not exceeding twenty four thousand Afghanis.

2.- In the cases where concerned authorities have the permission for revelation of the secret, or the revelation of the secret is for the purpose of informing of an act of felony or misdemeanor, the offender shall not be punished.

 

Article 446

The following persons shall be sentenced to short imprisonment or shall be fined an amount not exceeding twelves thousand Afghanis.

1.- A person who reveals someone else´s family secret through new, pictures, or charts

2.- A person who learns, through telephone or letters, a hidden fact (ol knowledge) and reveals the fact for the purpose of inflicting a damage.

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