A perpetual charity in memory of my parents, may God have mercy on them and forgive them, as they raised me when I was young. This is a scientific endowment, documented in Egyptian law, highlighting the legislative miracle of Islamic Sharia and the masterpieces of Islamic jurisprudence, through the objectives of Sharia. It aims to enrich the legal thought of judges. If your actions are not purely for the sake of God, then every structure you have built will crumble. {And We have certainly conveyed the word to them so that they may remember.} (Al-Qasas 28:51)
Official Gazette No. 45 days ago November 12, 2025
Law No. 174 of 2025
By issuing the Code of Criminal Procedure
In the name of the people
president
The House of Representatives has decided on the following law, and we have issued it.
Article 1
Without prejudice to the procedural provisions stipulated in other laws, the provisions of this law and the accompanying law concerning criminal procedures shall apply..
Article Two
Appeals against default judgments issued in misdemeanor cases before the enactment of this law shall continue to be considered in accordance with the same conditions and procedures established before its implementation..
Article Three
Appeal provisions in felony cases shall only apply to cases not decided by the criminal courts as of the effective date of Law No. 1 of 2024 amending certain provisions of the Code of Criminal Procedure
Article Four
The Code of Criminal Procedure issued by Law No. 150 of 1950 and Law No. 140 of 2014 concerning the provisions for the extradition of accused persons and the transfer of convicts are hereby repeated, as are all provisions that contradict the provisions of this law and the accompanying law..
Article Five
Without bias to any specific provision in the accompanying law regarding the authority to issue executive decisions, the Minister of Justice shall issue the necessary decisions to implement the provisions of this law and the accompanying law. Until such decisions are issued, the decisions currently in force shall remain in effect to the extent that they do not conflict with the provisions of this law and the accompanying law.
( Article Six)(
This law shall be published in the Official Gazette and shall come into force on the first of October following the date of its publication..
This law is stamped with the seal of the state and shall be implemented as one of its laws..
Issued by the Presidency of the Republic on 21 Jumada al-Ula, 1447 AH
Corresponding to November 12, 2025 AD ( .
Abdel Fattah al-Sisi
Criminal Procedure Code
Book One
Criminal prosecution, evidence gathering, and investigation
Chapter One
criminal case
Chapter One
Initiating criminal proceedings and the restrictions imposed upon it
Article 1
The Public Prosecution Office is responsible for investigating, initiating, and conducting criminal proceedings, and these procedures are not taken by anyone else except in the cases specified in the law.
Criminal proceedings may not be abandoned, suspended, or their progress disrupted except in the circumstances specified by law.Article 2
The Attorney General, either personally or through one of the members of the Public Prosecution, shall directly handle the criminal case as specified by law.
Article 3
No criminal case may be brought or any investigative action taken except upon an oral or written complaint from the victim or his special representative to the Public Prosecution or to one of the judicial officers in the crimes stipulated in Articles 185, 274, 277, 279, 292, 293, 303, 306, 307, 308 of the Penal Code, as well as in other cases stipulated by law.
No complaint shall be accepted after ninety days from the day the victim became aware of the crime and its perpetrator, unless the law stipulates otherwise.Article 4
If there are multiple victims, it is sufficient for one of them to file a complaint.
If there are multiple defendants and the complaint is filed against one of them, it is considered to have been filed against the others.Article No. 5
The complaint is submitted by the person who has guardianship over the victim if he is under fifteen years of age, or if he suffers from a psychological or mental disorder.
If the crime is against money, the complaint is also accepted from the guardian or custodian.
All provisions relating to the complaint shall apply to the cases referred to in paragraphs one and two of this article.
Article 6
The Public Prosecution shall act on behalf of the victim if he has no one to represent him or if his interest conflicts with the interest of his representative.Article No. 7
The right to file a complaint expires upon the death of the victim, and if death occurs after the complaint has been filed, it does not affect the course of the criminal proceedings.Article 8
No criminal case may be brought or any investigative action taken except upon a written request from the Minister of Justice in the crimes stipulated in Articles 181 and 182 of the Penal Code, as well as in other cases stipulated by law.Article 9
Criminal proceedings for the crimes stipulated in Article 116 bis A of the Penal Code may only be initiated by the Attorney General or at least a Public Prosecutor.
Apart from the crimes referred to in Article 123 of the Penal Code, no criminal case may be brought against a public official, public employee, or law enforcement officer for a misdemeanor committed by him during or because of the performance of his duties, except by a chief prosecutor at least.
Article 10
No criminal case may be filed or any investigative action taken except upon a written request from the authority or the head of the department that is the victim in the crimes stipulated in Article 184 of the Penal Code.Article 11
In all cases where the law requires the filing of a complaint, request, or obtaining permission from the victim or another party to initiate criminal proceedings, investigation procedures may not be initiated except after the filing of this complaint, request, or obtaining this permission.
Notwithstanding the provisions of the first paragraph of this article, investigation procedures in criminal cases may be carried out without the need to file a complaint, request, or obtain permission, in the crimes stipulated in Articles 185, 303, 306, 307, and 308 of the Penal Code if the victim is a public official, a person with a public representative capacity, or someone entrusted with a public service, and the crime was committed due to the performance of the public office, representation, or service.
Article 12
The person who submitted the complaint or request in the cases referred to in this chapter, and the victim in the crimes stipulated in Articles 185, 303, 306, 307, 308 of the Penal Code, if he is a public official or a person with a public representative capacity or entrusted with a public service, and the crime was committed due to the performance of the position, representation or public service, may waive the complaint or request at any stage of the proceedings, even after the judgment has become final. The waiver results in the termination of the criminal proceedings, and the Public Prosecution shall order the suspension of the execution of the penalty if the waiver is made during its execution.
In the case of multiple victims, the waiver is not considered valid unless it is issued by all those who filed the complaint.
A waiver by one of the accused is considered a waiver by the others.
If the complainant dies, his right to waive the complaint does not pass to his heirs, except in the case of adultery, any of the complainant's children from the complained husband may waive the complaint, and the waiver results in the termination of the criminal case.
Chapter Two
Initiating criminal proceedings in the Criminal Court or the Court of Cassation
Article 13
If a first instance criminal court finds in a case brought before it that there are defendants other than those against whom the case was brought, or other facts other than those attributed to them, or that there is a felony or misdemeanor related to the charge presented to it, it may bring criminal proceedings against these persons or with respect to these facts and refer them to the Public Prosecution for investigation and action in accordance with Chapter Three of Book One of this Law.
The court may appoint one of its members to carry out the investigation procedures, and in this case, all the provisions relating to the investigating judge shall apply to the appointed member.
If a decision is issued at the end of the investigation to refer the case to the court, it must be referred to another court, and none of the judges who decided to file the case may participate in the ruling on it.
If the court has not ruled on the original case and it is inextricably linked to the case filed by it, the entire case must be referred to another court.
Article 14
The Court of Appeal of the Criminal Court, and the Criminal Division of the Court of Cassation when considering the matter, may initiate criminal proceedings, in accordance with what is stipulated in Article 13 of this Law.
If the judgment issued in the case filed by her is appealed, none of the judges who decided to file the case may participate in considering it.
Article 15
The Criminal Court at both levels or the Court of Cassation may, if acts are committed that would disrupt its orders, or the respect due to it, or influence its judgment, or the witnesses, and this is in connection with a request or case pending before it, bring criminal proceedings against the accused in accordance with Article 13 of this Law.Chapter Three
Expiration of criminal proceedings
Article 16
The criminal case is terminated by the death of the accused, or by the passage of time, or by the issuance of a final judgment, or by a general pardon, or by reconciliation or settlement, or by other reasons stipulated by law.
The death of the accused during the proceedings does not prevent a ruling of confiscation in the case stipulated in the second paragraph of Article 30 of the Penal Code.
The expiration of a criminal case after it has been filed, for any reason, does not prevent a ruling on restitution in the cases stipulated in the law, or the imposition of any financial penalties stipulated in Chapters Three and Four of Book Two of the Penal Code.
Article 17
Criminal proceedings in felony cases expire after ten years from the date of the crime, in misdemeanor cases after three years, and in petty offense cases after one year, unless the law stipulates otherwise.
Notwithstanding the provisions of the first paragraph of this article, the statute of limitations shall not apply to criminal proceedings arising from the crimes stipulated in Articles 117, 126, 127, 161 bis, 280, 281, 282, 309 bis, 309 bis A, and the crimes
As stipulated in Chapter One and Section One of Chapter Two of Book Two of the Penal Code.
Without prejudice to the provisions of paragraphs one and two of this article, the statute of limitations for criminal proceedings in the crimes stipulated in Chapters Three and Four of Book Two of the Penal Code, which are committed by a public official, shall not begin except from the date of termination of service or loss of status, unless the investigation thereof has begun before that.
Article 18
The statute of limitations for criminal proceedings shall not be suspended for any reason.Article 19
The period for which a criminal case is subject to statute of limitations is interrupted by investigation, indictment and trial procedures, as well as by a criminal order, or by investigative procedures if they are taken against the accused, or if he is officially notified of them, and the period runs again starting from the day of the interruption.
If multiple actions interrupt the period, the period begins anew from the date of the last action.
If there are multiple defendants, the interruption of the time limit for one of them results in its interruption for the rest, even if no measures have been taken against them to interrupt the time limit.
Article No. 20
The accused or his special representative may settle in violations as well as in misdemeanors that are not punishable by mandatory penalties other than a fine or that are punishable by discretionary imprisonment not exceeding six months.
The officer who drafted the report or the public prosecutor, as the case may be, must offer reconciliation to the accused or his private representative and record this in the report.
The accused who wishes to reconcile must pay, before filing the criminal case, an amount equivalent to one-third of the maximum fine prescribed for the crime. The payment shall be made to the treasury of the court or the public prosecution or to whomever is authorized to do so by the Minister of Justice.
The accused's right to reconciliation is not forfeited by filing a criminal case with the competent court if he pays two-thirds of the maximum fine prescribed for the crime or the value of the minimum fine prescribed for it, whichever is greater, before a judgment is issued on the matter.
The criminal case is terminated by paying the settlement amount, and this termination has no effect on the civil case.
Article 21
The victim or his special representative, and the heirs of the victim or their special representative, may prove reconciliation with the accused before the Public Prosecution or the court as the case may be, in the misdemeanors and violations stipulated in Articles 238/ Paragraphs One and Two, 241/ Paragraphs One and Two, 242/ Paragraphs One, Two and Three, 244/ Paragraphs One and Two, 265, 321 bis, 323, 323 bis, 323 bis “First”, 324 bis, 336, 340, 341, 342, 354, 358, 360, 361/ Paragraphs One and Two, 369, 370, 371, 373, 377/ Item 9, 378/ Items 6, 7, 9, 379/ Item 4 of the Penal Code, and in other cases stipulated by law.
The accused or his special representative may prove the settlement referred to in the first paragraph of this article.
Settlement is permissible at any stage of the lawsuit, and after the judgment has become final.
The settlement results in the termination of the criminal case, even if it was filed through direct prosecution. The Public Prosecution orders the suspension of the execution of the penalty if the settlement takes place before or during its execution. The settlement has no effect on the rights of the victim of the crime.
Article 22
Without prejudice to the powers of the President of the Republic to pardon or reduce the penalty, the heirs of the victim or their special agent may prove reconciliation at any stage of the proceedings until a final judgment is issued in the crimes stipulated in Articles 230, 233, 234/ Paragraphs One and Two, 235, 236/ Paragraph One of the Penal Code. Reconciliation in this case shall result in reducing the penalty in accordance with the provisions of Article 17 of the Penal Code.Article 23
Reconciliation is permissible in the crimes stipulated in Chapter Four of Book Two of the Penal Code. Reconciliation is achieved through a settlement facilitated by a committee of experts appointed by a decision of the Prime Minister. A record of the settlement is drawn up and signed by the parties involved, and is submitted to the Cabinet for approval. The reconciliation is not valid until this approval is granted. The Cabinet's approval constitutes official documentation of the reconciliation, free of charge. In this case, the reconciliation record has the force of an enforceable instrument. The Cabinet notifies the Public Prosecutor, whether the case is still under investigation or trial. Reconciliation results in the termination of the criminal case concerning the incident subject to the settlement, in all its aspects. The Public Prosecution orders the suspension of the sentences imposed on the defendants in the incident if the reconciliation occurs before the judgment becomes final. If the reconciliation occurs after the judgment becomes final, and the convicted person is imprisoned pursuant to this judgment, he or his legal representative may submit a request to the Public Prosecutor to suspend the execution, accompanied by supporting documents. The Public Prosecutor refers the request to the Court of Cassation, along with these documents and a memorandum outlining the Public Prosecution's opinion, within ten days of its submission. The request is then presented to one of the criminal divisions of the court, convened in chambers, for consideration and a reasoned decision to suspend the execution. The penalties shall be enforced definitively if the reconciliation has been completed and has fulfilled all the conditions and procedures stipulated in this article. The decision on the request shall be made within fifteen days from the date of its submission, after hearing the statements of the Public Prosecution and the convicted person.
In all cases, the effect of reconciliation extends to all defendants or convicts without prejudice to their disciplinary responsibility. The reconciliation request is submitted by the defendant or convict or their special representative, and the latter may take all measures related to retrial proceedings in the absence of the convict in judgments issued in absentia.
Chapter Two
Gathering evidence and filing a lawsuit
Chapter One
Judicial officers and their duties
Article 24
The judicial officer is responsible for investigating crimes and their perpetrators, and collecting the evidence necessary for the investigation and prosecution.Article 25
Judicial officers are subordinate to the Attorney General and subject to his supervision with regard to the functions of judicial control.
The Attorney General may request the competent authority to look into the matter of anyone who violates his duties or is negligent in his work, and he may request that he be referred to disciplinary trial. All of this does not prevent the filing of a criminal case.
Article 26
They shall be judicial officers within their respective jurisdictions:
1. Members of the Public Prosecution and their assistants.
2. Police officers, honorary officers, secretaries, assistants, police inspectors and delegates, non-commissioned officers and security aides.
3. The mayors, the village chiefs, and the chiefs of the guards.
4. Supervisors and agents of government railway stations.
Security directors and inspectors of the Inspection and Control Sector of the Ministry of Interior may perform the duties carried out by judicial officers within their jurisdiction.
They shall be judicial officers throughout the Republic:
1. Director, officers, secretaries, assistants, police monitors and delegates, non-commissioned officers and security assistants in the National Security Sector of the Ministry of Interior and its branches and offices throughout the Republic.
2. Directors, officers, secretaries, assistants, supervisors, police delegates, non-commissioned officers and security assistants in the Public Security Sector of the Ministry of Interior, and in the investigation departments and divisions of the Ministry of Interior.
3. Officers of the Community Protection Sector at the Ministry of Interior.
4. The Director of the General Department of Transport and Communications Police, and the officers of this department.
5. Commander and officers of the Police Camel Corps Department.
6. Inspectors from the Ministry of Tourism.
The Minister of Justice, in agreement with the relevant minister, may authorize certain public officials to act as judicial officers with respect to crimes that occur within their jurisdiction and are related to their job duties.
Article 27
Judicial officers must receive reports and complaints concerning crimes and immediately forward them to the Public Prosecution. They and their subordinates must obtain all necessary clarifications and conduct the necessary inspections to facilitate the investigation of the facts reported to them or announced in any way. They must take all necessary precautionary measures to preserve evidence of the crime.
All actions taken by judicial officers must be documented in signed reports indicating the time and place of the action. These reports must also include the signatures of witnesses and experts who were heard. The reports are sent to the Public Prosecution along with the seized papers and items.
Judicial officers must record the national identification number of the accused immediately upon determining his identity, and attach an extract of this data to the report.
Article 28
Judicial officers, their subordinates, and public authorities must present proof of their identities and capacities when carrying out any legally prescribed action or procedure. Failure to comply with this duty does not invalidate the action or procedure, without prejudice to the imposition of disciplinary penalties.
For the purposes of this law, a public authority figure is anyone who is legally entrusted with maintaining order, security, and public morals, protecting lives, honor, and property, and in particular preventing and controlling crimes, and carrying out the duties imposed on him by laws and regulations.
Article 29
Anyone who becomes aware of a crime that is referred to the Public Prosecution without a complaint may inform the Public Prosecution or one of the judicial officers about it.Article 30
Any public employee or person entrusted with a public service who becomes aware, during or because of the performance of their duties, of the occurrence of a crime that is referred to the Public Prosecution without a complaint, must immediately inform the Public Prosecution or the nearest judicial officer.Article 31
Anyone who claims to have suffered harm from a crime may establish himself as a civil rights claimant in the complaint he submits to the Public Prosecution or one of the judicial officers. In the latter case, the officer shall transfer the complaint to the Public Prosecution along with the report he prepares.
The claimant may submit a written request to the Public Prosecution at any stage in which this claim is proven.
When referring a case to the investigating judge, the Public Prosecution must also refer the complaint or request mentioned above.
The complainant is not considered a civil rights claimant unless he states this in his complaint or in a document he subsequently submits to the Public Prosecution, or if he requests compensation in either of them.
Article 32
During the collection of evidence, judicial officers may hear statements from those who have information about the criminal incidents and their perpetrators, and question the accused about them. They may also seek the assistance of doctors and other experts and request their opinion orally or in writing.
They may not make witnesses or experts swear an oath unless there is a fear that it will not be possible to hear the testimony by oath later.
Chapter Two
Being caught in the act
Article 33
A crime is considered to be committed in flagrante delicto when it is being committed or shortly after it is being committed.
A crime is considered to have been committed in flagrante delicto if the victim pursues the perpetrator or the public pursues him with shouts immediately after it occurs, or if the perpetrator is found shortly after it occurs carrying tools, weapons, luggage, papers, or other things from which it is evident that he is a perpetrator or an accomplice, or if traces or signs indicating this are found on him at that time.
Article 34
In the event of a felony or misdemeanor being committed in flagrante delicto, the judicial officer must immediately go to the scene of the incident, examine the physical evidence of the crime, preserve it, document the condition of the places and people, and everything that is useful in revealing the truth, and hear the statements of those who were present, or from whom clarifications can be obtained regarding the incident and its perpetrator.
He must immediately notify the Public Prosecution of his movement, and the Public Prosecution, as soon as it is notified of a crime committed in flagrante delicto, must immediately move to the scene of the incident whenever the matter requires it.
Article 35
When a judicial officer moves to the scene of a crime, he may prevent those present from leaving or moving away from the scene until the report is written, and he may immediately summon anyone from whom clarifications can be obtained regarding the incident.Article 36
If any of those present violates the order of the judicial officer in accordance with Article 35 of this law, or if any of those he called refuses to attend, this shall be recorded in the minutes, and the Public Prosecution may issue a criminal order to fine the violator a fine of no less than five hundred pounds and no more than one thousand pounds.Chapter Three
The accused was arrested
Article 37
Except in cases of flagrante delicto, no one may be arrested, searched, detained, or have his freedom restricted in any way except by a reasoned judicial order required by the investigation.
Anyone who is arrested, detained, or whose freedom is restricted must be treated in a manner that preserves his dignity. He must not be tortured, intimidated, coerced, or physically or morally harmed.
The accused has the right to remain silent, and any statement that is proven to have been made by a detainee under duress or threat of any of the above shall be disregarded and not relied upon.
Article 38
No person may be detained or have their freedom restricted except in one of the correctional and rehabilitation centers or places of detention designated for that purpose. The director of the correctional and rehabilitation center or the person in charge of the places of detention may not accept any person into them except pursuant to a reasoned judicial ruling or order signed by the competent authority, and may not keep them there after the period specified in the ruling or judicial order.Article 39
In cases of flagrant felonies or misdemeanors punishable by imprisonment for a period exceeding three months, the judicial officer may order the arrest of the accused present, against whom there is sufficient evidence of the accusation.Article 40
If the accused is not present in the circumstances specified in Article 39 of this law, the judicial officer may issue an order to arrest and bring him in, and this shall be recorded in the minutes.
In cases other than those specified in Article 39 referred to, if there is sufficient evidence to accuse a person of committing a felony or misdemeanor of theft, fraud, or severe assault and resisting public authorities with force and violence, the judicial officer may take the appropriate precautionary measures and immediately request the Public Prosecution to issue an arrest warrant for him.
In all cases, arrest warrants, summonses, and precautionary measures are carried out by an enforcement officer or by public authority officials.
Article 41
The judicial officer must immediately inform the arrested suspect of the reason for restricting his freedom, of the charges against him, hear his statements, inform him of his rights in writing, and enable him to contact his family and his lawyer.
If the accused does not provide evidence to refute the charge against him, the judicial officer shall send him, within twenty-four hours from the time of his arrest, to the competent investigating authority.
Article 42
Anyone who witnesses a perpetrator committing a felony or misdemeanor for which pretrial detention is legally permissible may hand him over to the nearest public authority official without the need for an arrest warrant.Article 43
In cases of flagrant felonies and misdemeanors for which imprisonment for a period exceeding three months is permissible, public authorities may bring the accused and hand him over to the nearest judicial officer.
They also have that right in other crimes committed in flagrante delicto if they cannot ascertain the identity of the accused.
Article 44
Except in the cases stipulated in the second paragraph of Article 11 of this Law, if the crime committed in flagrante delicto is one for which the filing of a criminal case depends on a complaint, the accused may not be arrested unless the complaint is declared by the person who has the right to submit it. In this case, the complaint may be made to any public authority official present.Article 45
The Attorney General, members of the Public Prosecution, and heads of the Courts of Appeal and the Courts of First Instance may enter reform and rehabilitation centers or detention facilities designated for the detention of prisoners located within their jurisdiction, in order to ensure that no one is detained unlawfully, and that investigation orders, judgments, and court decisions are being implemented as specified therein and in accordance with the provisions established by law. They may examine the registers, execution orders, arrest warrants, and detention orders, take copies thereof, contact any inmate, and hear any complaint from him. They must be provided with all assistance to obtain the information they request.
Investigating judges shall have the powers specified in the first paragraph of this article in the investigations they conduct.
Article 46
Every inmate in one of the correctional and rehabilitation centers or places referred to in Article 38 of this Law may at any time submit a complaint, written or oral, to the person in charge of its administration, and request that he report it to the Public Prosecution, and the latter shall accept it and report it immediately after recording it in a register prepared for that purpose.
Anyone who becomes aware of the presence of a detainee or inmate in an illegal manner or in a place not designated for detention may notify a member of the Public Prosecution. Upon being notified, the member must immediately go to the place where the inmate is located, conduct an investigation, and order the release of the inmate who is there illegally. He must also prepare a report on this matter.
Chapter Four
Entering and searching homes and searching individuals
Article 47
Homes are inviolable and may not be entered, searched, monitored or eavesdropped on except by a reasoned judicial order specifying the place, time and purpose. Those in the home must be notified upon entry or search and informed of the order issued in this regard, all in accordance with the law.Article 48
Notwithstanding the provisions of Article 47 of this Law, public authorities may enter homes and other inhabited premises in cases of distress or danger caused by fire, drowning, or the like.Article 49
A judicial officer may search the accused in circumstances where arrest is legally permissible.
If the accused is female, she must be searched by a female appointed by the judicial officer.
Article No. 50
If, during the search of the accused’s home, strong evidence is found that the accused or any person present in the home is hiding something that would help in revealing the truth, the judicial officer may take the appropriate precautionary measures and immediately inform the Public Prosecution to take whatever action it deems appropriate.Article No. 51
Searches are only permitted to look for things related to the crime for which evidence is being gathered or an investigation is underway.
However, if, incidentally, during an inspection, items are found whose possession constitutes a crime, or which are useful in uncovering the truth in another crime, the judicial officer may seize them.
Article No. 52
The judicial officer may not open any sealed or otherwise wrapped papers found in the home of the accused.Article No. 53
The judicial officer may place seals on places containing traces or objects that help in uncovering the truth, and he may appoint guards over them.
He must immediately notify the Public Prosecution of this, and the Public Prosecution, if it deems this procedure necessary, must refer it within a week to the District Judge for approval or termination.
Anyone concerned may appeal to the summary judge against the order he issued by submitting a petition to the Public Prosecution, and it must raise the appeal to the summary judge within a period not exceeding one week.
Article 54
The judicial officer may seize objects and papers that may have been used in committing the crime, or resulted from its commission, or were touched, and anything that is useful in revealing the truth.
These items and papers are described and presented to the accused, who is asked to comment on them. A report is then drawn up, which the accused signs, or in which he states his refusal to sign.
Article No. 55
The items and papers seized in accordance with Article 54 of this law shall be placed in a sealed container, and the seal shall be placed on a strip inside the seal, and the date of the report issued regarding their seizure shall be written, and the incident for which the seizure was made shall be indicated.Article 56
Seals placed in accordance with Articles 53 and 55 of this law may only be broken in the presence of the accused or his representative and the person in whose possession these items or papers were seized, or after they have been summoned to do so.Article No. 57
Anyone who, as a result of the search, comes to know information about the seized items and papers, and discloses it to any unauthorized person or benefits from it in any way, shall be punished with the penalties stipulated in Article 310 of the Penal Code.Article No. 58
Whoever has the papers seized and has an urgent interest in them, shall be given a copy thereof certified by the judicial officer.Article No. 59
Judicial officers, in the course of performing their duties, may directly resort to coercive force.Chapter Five
The Public Prosecution's actions regarding the charge after gathering evidence
Article 60
If the Public Prosecution deems, before commencing investigation procedures, that there is no basis for proceeding with the case, it orders the case file to be closed.Article 61
If the Public Prosecution issues an order to close the case, it must notify the victim and the civil claimant. If one of them dies, the heirs must be notified collectively at their place of residence.Article 62
If the Public Prosecution deems the case in misdemeanor matters to be valid for filing based on the evidence gathered, it shall require the accused to appear directly before the competent court.
In misdemeanor cases designated by the Minister of Justice in a decision issued by him after the approval of the Minister of the Interior, the summons may be served by public authorities.
Chapter Three
Investigation by the Public Prosecution
Chapter One
General Provisions
Article 63
The Public Prosecution must conduct an investigation into felonies, and it may conduct one in misdemeanors or other cases if it deems it appropriate.
The investigation is being conducted in accordance with the provisions set forth in this chapter.
Article 64
One of the public prosecutor's assistants may be assigned to investigate an entire case.
A member of the Public Prosecution Office of the rank of Assistant Public Prosecutor or higher may delegate one of the judicial officers to carry out one or more of the investigative tasks, excluding the interrogation of the accused.
The appointed judicial officer shall, within the limits of his appointment, have all the powers vested in the one who appointed him, and he may carry out any other investigative work and interrogate the accused in cases where there is a fear of time running out, provided that it is connected to the work he was appointed to and necessary in revealing the truth.
Article 65
A member of the Public Prosecution may request another prosecution office outside his jurisdiction to conduct some investigations in the case, provided that he specifies the matters to be investigated and the procedures to be taken. This prosecution office may carry out any other investigative work and interrogate the accused, in cases where it deems it necessary, provided that this is related to the work required of it and necessary to uncover the truth.Article 66
The investigation is conducted in Arabic, and the public prosecutor hears the statements of the litigants and witnesses who do not know the Arabic language through an interpreter after swearing an oath to perform his task with honesty and integrity.Article 67
The public prosecutor shall be accompanied during the investigation by one of the public prosecutor’s clerks to write or edit the necessary reports, and he may, when necessary, assign someone else to do so after swearing him to the oath. The public prosecutor and the clerk shall sign each page of these reports.
The Public Prosecution Office keeps the minutes along with the rest of the papers.
Article 68
Except in cases where the Public Prosecution or the competent investigating authority issues official statements, the investigation procedures themselves and the results that result from them are considered secrets, and members of the Public Prosecution and their assistants, including writers, experts, and others who are connected to the investigation or attend it because of their job or profession, must not disclose them. Anyone who violates this shall be punished with the penalty stipulated in Article 310 of the Penal Code.Article 69
Anyone who has suffered harm from a crime may claim civil rights during the investigation of the case, and the Public Prosecution shall decide on accepting him in this capacity during the investigation within three days of submitting this claim.
Anyone whose application has been rejected may appeal the rejection decision before the Misdemeanor Appeals Court, sitting in chambers, within three days starting from the date he is notified of the decision.
Article No. 70
The accused, the victim, the civil claimant, the person responsible for them, and their representatives may attend all investigation procedures. The Public Prosecutor may conduct the investigation in their absence whenever he deems it necessary to reveal the truth. As soon as that necessity ends, they may be allowed to review the investigation. In urgent cases, he may conduct some investigation procedures in the absence of the parties, and they have the right to review the documents proving these procedures.
The parties have the right to bring their representatives with them during the investigation.
Article No. 71
The parties shall be notified of the day and place on which the public prosecutor will commence the investigation procedures.Article No. 72
The victim, the civil claimant, and the person responsible for the civil rights must each designate a chosen domicile in the location of the public prosecutor's office where the investigation is taking place, or designate a mobile phone number or email address to which they will be notified.
The accused, after appearing in any procedure taken by the investigating authority, must designate a chosen domicile, mobile phone number or email address to which he may be notified.
If any of the persons mentioned in the first and second paragraphs of this article fail to provide the data indicated therein, or if this data is incomplete, incorrect, or has been altered and notified thereof, then his declaration at the clerk's office shall be valid.
Article 73
The litigants and their representatives may submit to the Public Prosecutor any defenses, requests, and observations they deem necessary.Article No. 74
The accused, the victim, the civil claimant, the person responsible for the civil rights, and their agents may obtain, at their own expense, copies of documents of any kind during the investigation, unless the interest of the investigation requires otherwise.
In all cases, they have the right to obtain copies of the documents, whatever their type, after the investigations have concluded, if the investigation was conducted without their presence based on a decision issued to that effect, or if the interest of the investigation required it.
Chapter Two
Inspection, search, and seizure of items related to the crime
Article No. 75
The public prosecutor's office member goes to any place to establish the condition of persons, places, and things related to the crime, and everything whose condition needs to be established, whenever the interest of the investigation requires it.Article No. 76
Searching houses and their annexes is an investigative act, and it is only done with a reasoned order from a member of the Public Prosecution based on an accusation directed at a person residing in the house to be searched for committing a felony or misdemeanor or for participating in committing it.
The Public Prosecutor has the right to search any place in the possession of the accused and seize any papers and objects therein, and anything that may have been used in committing the crime, or resulted from it, or was committed against, and anything that may help in revealing the truth.
Article 77
The search shall take place in the presence of the accused or his representative, if possible. If the search takes place in the home of someone other than the accused, the owner shall be summoned to attend in person or through his representative, if possible.Article No. 78
Subject to the provisions of paragraph two of Article 49 of this Law, a member of the Public Prosecution may search the accused or delegate this task to one of the judicial officers based on a reasoned order.Article No. 79
The Public Prosecution may not search anyone other than the accused or his home unless there is strong evidence that he possesses items related to the crime and that would help in uncovering the truth.
Taking this action requires prior authorization from the district judge, and the judge issues this authorization after reviewing the papers and investigations.
Article 80
The Public Prosecutor, after obtaining permission from the Summary Judge, may issue an order to seize all letters, messages, telegrams, newspapers, publications, and parcels, and order the monitoring of wired and wireless communications, social media accounts and applications and their various contents not available to the public, email, text, audio or video messages on phones, devices or any other technological means, and seize the media containing them or make recordings of conversations that took place in a private place whenever this is useful in revealing the truth in a felony or misdemeanor punishable by imprisonment for a period exceeding three months.
The order must be exactly, or it must be reviewed, monitored, or recorded for a period not exceeding thirty days.
The judge issues the aforementioned permission with justification after reviewing the papers and investigations, and he may renew it for one or more similar periods.
Article 81
The judge of the summary court may, at the request of the Public Prosecution, in the event that there is strong evidence that the perpetrator of one of the crimes stipulated in Articles 166 bis and 308 bis of the Penal Code, and Clause/2 of Article 76 of the Telecommunications Regulation Law issued by Law No. 10 of 2003, used in committing it a specific fixed or mobile phone, or any website, or any other technical means, issue a reasoned order based on a technical report and the complaint of the victim in the said crime to place this means or that device under surveillance for a period not exceeding thirty days, renewable for one or more similar periods.Article 82
The Public Prosecution Officer may not seize from the defendant’s lawyer or the consultant expert the papers and documents that the defendant handed over to either of them to perform the task entrusted to him, nor the correspondence or recording of communications exchanged between them in the case.Article 83
The Public Prosecutor may examine the seized letters, messages, papers, and recordings, provided that this is done in the presence of the accused and the person in possession of them or to whom they were sent, if possible, and their observations on them are recorded.
He may, based on what appears from the examination, order that those seized items be added to the case file or returned to the person who possessed them or to whom they were sent.
Article 84
The things that are seized are subject to the provisions of Article 55 of this law.Article 85
A member of the Public Prosecution may order the possessor of something he deems necessary to seize or examine to present it, and the provisions of Article 285 of this law shall apply to anyone who violates this.Article 86
The seized letters and telegrams shall be delivered to the accused or sent to him, or a copy thereof shall be given to him as soon as possible, unless the interest of the investigation requires otherwise.
Any person who claims a right to the seized items may request the Public Prosecutor to hand them over to him, and in case of refusal he may appeal to the Court of Misdemeanors Appeals convened in chambers, and request to have his statements heard before it.
Chapter Three
Hearing witnesses
Article 87
The Public Prosecutor may hear the testimony of any witnesses he deems necessary to hear regarding the facts that prove or lead to the establishment of the crime, its circumstances, and its attribution to the accused or his acquittal from it.Article 88
The Public Prosecutor hears the testimony of witnesses whom the litigants request to be heard, and they are summoned to attend by bailiffs or public authority personnel, or by notifying them via mobile phone or email address with national identification data, as appropriate.
He may hear the testimony of any witness who appears of his own accord, and in this case he shall record this in the minutes.Article 89
The public prosecutor listens to each witness individually, and he may confront the witnesses with each other and with the accused.Article No. 90
The public prosecutor must verify the identity of each witness, stating their name, title, age, profession, residence, national ID number or travel document number, domicile if they are a foreigner, and their relationship to the accused, the victim, the civil rights claimant, or the person responsible for them, and verify their identity.Article No. 91
A witness who has reached the age of fifteen must take the following oath before giving testimony: "I swear by Almighty God that I will testify to the truth." The oath may be administered according to the specific requirements of their religion if they so request. Those who have not reached the aforementioned age may be heard as witnesses without taking an oath. These statements, the testimonies of witnesses, and the procedures for hearing them shall be recorded.
The minutes shall be without erasure or insertion, and no correction, deletion or alteration shall be approved unless it is ratified by the member of the Public Prosecution, the clerk and the witness.
Article No. 92
Both the public prosecutor and the clerk shall place their signature on the testimony or any note on its performance, as well as the witness after it has been read to him and he has acknowledged that he adheres to it. If he refuses to place his signature, seal, or fingerprint, or is unable to do so, this shall be recorded in the minutes, along with the reasons he gives.Article No. 93
Upon completion of the witness’s testimony, the opposing parties may make their comments on it and may request the public prosecutor to hear the witness’s testimony on other points they specify.
The public prosecutor may always refuse to direct any question to the witness that is unrelated to the case or whose wording is offensive to others. He must prevent the witness from saying anything, explicitly or implicitly, or from making any gesture that might cause him to become disturbed or frightened.
Article 94
The provisions of Articles 286, 287, 288, and 289 of this law shall apply to witnesses.Article 95
Anyone summoned to appear before the Public Prosecution to give testimony must appear in accordance with the written request, otherwise the Public Prosecution may issue a criminal order fining him an amount not exceeding five hundred pounds.
The Public Prosecutor may issue an order to summon the witness to appear again at his own expense, or issue a reasoned order to arrest and bring him in.
If the witness appears after being summoned again or of his own accord and requests to be exempted from the fine, or submits a written request to that effect if he is unable to appear in person, the Public Prosecution may exempt him from the fine if he presents an acceptable excuse.
Article No. 96
If a witness refuses to take the oath or give testimony, the Public Prosecution may issue a criminal order fining him an amount not exceeding two thousand pounds. He may be exempted from the fine or part of it if he changes his mind before the investigation is completed.Article No. 97
If the witness is ill or has something preventing him from attending, his testimony shall be heard at his place of residence. If the Public Prosecution member goes to hear his testimony and finds that the excuse is not valid, he shall be sentenced by the partial judge in the region where the witness’s attendance was requested, based on the Public Prosecution’s request, to imprisonment for a period not exceeding one month or to a fine not exceeding two thousand pounds.Article No. 98
The public prosecutor, at the request of the witnesses, estimates the expenses and compensation they are entitled to for attending to give testimony.Chapter Four
Appointing experts
Article No. 99
If the investigation requires the assistance of an expert, the member of the Public Prosecution must issue an order appointing him, detailing the task he is assigned. The expert shall swear an oath before the member of the Public Prosecution to perform his work with honesty and integrity, unless he is among the categories of experts who have already taken the oath before practicing expert work.Article No. 100
The public prosecutor sets a deadline for the expert to submit the report, and he may replace him with another expert if the report is not submitted within the specified deadline.Article No. 101
The public prosecutor may be present when the expert is carrying out his task, and the expert may perform his task without the presence of the opposing parties.Article No. 102
The litigants may seek the assistance of a consultant expert, and they may request that he be enabled to review the documents and everything previously submitted to the expert appointed by the Public Prosecution, provided that this does not result in delaying the proceedings.Article No. 103
The parties may request the expert's recusal if there are strong reasons to do so. The recusal request, stating its reasons, shall be submitted to the Public Prosecution member for a decision within three days of the date of submission.
Submitting a request for recusal means that the expert will not continue his work from the date he is notified of it. In urgent cases, the Public Prosecution member may order the expert to continue his work.
Chapter Five
Interrogation and confrontation
Article No. 104
When the accused first appears in the investigation, the Public Prosecutor must record all the data related to proving his identity, inform him of his rights in writing and of the charge against him, record in the minutes any statements he may make regarding it, and enable him to contact his relatives and his lawyer after alerting him that he has the right to remain silent, all while taking into account providing the necessary assistance to persons with disabilities and the elderly in accordance with the procedures established by law.Article No. 105
The public prosecutor may not interrogate the accused or confront him with other accused persons or witnesses except in the presence of his lawyer. If the accused does not have a lawyer, or his lawyer does not appear after being summoned, the investigator must appoint a lawyer for him on his own initiative.
In cases where the life of the accused is feared, and when it is necessary to uncover the truth, the Public Prosecution may proceed to interrogate him, after requesting the local Bar Association to appoint a lawyer to attend the interrogation as quickly as possible, in a manner agreed upon between the Public Prosecution and the General Bar Association. If the lawyer does not attend at the specified time, the accused shall be interrogated. The appointed or assigned lawyer has the right to attend the interrogation if he arrives before it ends and to review the interrogation procedures that took place in his absence.
The accused must state the name of his lawyer in the investigation report or in the criminal registry of the prosecution office in whose jurisdiction the investigation is taking place or to the person in charge of managing the place where he is detained. His lawyer may also make this statement.
The lawyer may record in the minutes any defenses, requests, or observations that he deems relevant.
After the final decision in the investigation, the investigator issues, at the request of the appointed lawyer, an order to estimate his fees, guided by the fee assessment schedule issued by a decision of the Minister of Justice after taking the opinion of the General Syndicate of Lawyers Council, and these fees take the form of court fees.
Article No. 106
The accused's lawyer must be given sufficient time to review the investigation before questioning or confrontation unless the public prosecutor decides otherwise.
In all cases, the accused and his lawyer who is present with him during the investigation may not be separated.
Chapter Six
Orders for attendance, arrest, and detention
Article No. 107
The Public Prosecutor may, as the case may be, issue an order for the accused to appear, or a reasoned order for his arrest, or a reasoned order for his apprehension and bringing him in.Article No. 108
Each order must include the name, title, occupation, place of residence, national ID number or travel document number, domicile if he is a foreigner, the charge against him, the date of the order, the signature of the public prosecutor, and the official seal. The order must include his appearance at a specific time.
The arrest warrant or summons must include an order for public authorities to arrest the accused and bring him before a member of the Public Prosecution if he refuses to appear voluntarily at once.
Article No. 109
Subject to the provisions of paragraphs two and three of Article 72 of this Law, the orders shall be served on the accused by bailiffs or public authorities, and a copy thereof shall be delivered to him.Article No. 110
If the accused does not appear after being ordered to appear without an acceptable excuse, or if there is a fear that he will flee, or if he does not have a known place of residence in Egypt, or if the crime is committed in flagrante delicto, the member of the Public Prosecution may issue a reasoned order to arrest and bring him in.Article No. 111
Orders issued by a member of the Public Prosecution shall be effective throughout all Egyptian territories.
Arrest, seizure, and summons orders may not be executed after six months have passed from the date of their issuance unless a member of the Public Prosecution decides to extend them for another period.
Article No. 112
The Public Prosecutor must interrogate the arrested suspect immediately. If this is not possible, he must be placed in one of the reform and rehabilitation centers or detention facilities until he is interrogated. The period of his placement must not exceed twenty-four hours. If this period ends, the person in charge of managing the reform and rehabilitation center or detention facilities must send him to the Public Prosecutor for immediate interrogation, otherwise, he must be released.
Notwithstanding the provisions of the first paragraph of this article, if it is impossible to interrogate the accused in a crime for which pretrial detention is permissible due to the absence of his appointed or assigned lawyer, the Public Prosecution may order his placement in one of the reform and rehabilitation centers or places of detention until he is interrogated in the presence of a lawyer. The same rules established for pretrial detention shall apply to the cases and reasons for ordering the placement of the accused, its procedures, its duration, its extension, and its appeal.
Chapter Seven
detention order
Article No. 113
If, after questioning the accused, it becomes clear that the evidence is sufficient, and the incident is a felony or misdemeanor punishable by imprisonment for a period of not less than one year, a member of the Public Prosecution of the rank of Deputy Prosecutor at least, after hearing the accused’s defense, may issue a reasoned order to detain the accused in custody for a maximum period of four days following the arrest of the accused or his handover to the Public Prosecution if he was previously arrested, if one of the following cases or reasons is available:
1- If the crime was committed in flagrante delicto, the sentence must be carried out immediately upon its issuance.
2- The fear that the accused will escape.
3- Fear of harming the interest of the investigation, whether by influencing the victim or witnesses, tampering with evidence or physical clues, or making agreements with the other perpetrators to change the truth or obscure its features.
4- Preventing serious disruption to security and public order that may result from the seriousness of the crime.
In all cases, the accused may be detained pending trial if he does not have a fixed and known place of residence in Egypt and the crime is a felony or a misdemeanor punishable by imprisonment.
Article 114
In the cases stipulated in Article 113 of this Law, and in other misdemeanors punishable by imprisonment, a member of the Public Prosecution may issue, instead of pretrial detention, a reasoned order for one of the following measures:
1- Obliging the accused not to leave his residence or home.
2- Obliging the accused to present himself to the police station at specific times.
3- Prohibiting the accused from frequenting specific places.
4- Obliging the accused not to leave a specific geographical area except after obtaining permission from the Public Prosecution.
5- Obliging the accused to refrain from receiving or meeting certain persons or contacting them in any way.
6- Temporarily prohibiting the accused from possessing or acquiring firearms and their ammunition, and ordering that they be handed over to the police station or center in whose jurisdiction his place of residence is located.
7- Using technical means to track the accused if the conditions for working with them are available, and a decision is issued by the Minister of Justice in coordination with the Ministers of Interior and Communications.
Article No. 115
If the accused violates the measure prescribed for him in accordance with Article 114 of this law, the Public Prosecution member may replace the measure with pretrial detention.Article No. 116
The detention order must include, in addition to the data referred to in Article 108 of this law, a statement of the crime attributed to the accused and the prescribed penalty for it, the reasons on which the order was based, and an assignment to the person in charge of managing the reform and rehabilitation center or places of detention to accept the accused and place him therein.
The provisions of this article shall apply to orders issued to extend pretrial detention, in accordance with the provisions of this law.
Article No. 117
Members of the Public Prosecution, at least at the level of Chief Prosecutor, shall, in the investigation of felonies stipulated in Chapters One, Two, Two bis, Three and Four of Book Two of the Penal Code, in addition to the powers prescribed for the Public Prosecution, have the authority to issue a reasoned order for a period not exceeding thirty days, to seize letters, messages, telegrams, newspapers, publications and parcels, and to monitor wired and wireless communications, social media accounts and their various contents not available to everyone, email, text, audio or video messages on phones and devices and any other technological means, and to seize the media containing them, or to make recordings of conversations that took place in a private place whenever this is useful in revealing the truth.
The order referred to in the first paragraph of this article may be renewed for one or more similar periods.
These members also have, in the investigation of the felonies referred to in the first paragraph of this article, with the exception of the felonies stipulated in Chapter Three of Book Two of the Penal Code, the authority of the summary judge with regard to the duration of pretrial detention.
They shall also have the authority of the Court of Appeals for Misdemeanors convened in chambers, as provided for in Article 123 of this Law, when investigating the crimes stipulated in Chapter One and Section One of Chapter Two of Book Two of the Penal Code, provided that the period of imprisonment shall not exceed fifteen days each time.
Article No. 118
When the accused is placed in a correctional and rehabilitation center or detention facility, a copy of the detention order must be handed over to the person in charge of its administration after he has signed the original as proof of receipt.Article No. 119
The person in charge of managing the reform and rehabilitation center or detention facilities may not allow any public authority official or judicial officer to contact, either personally or through another, a person held in pretrial detention within that center or facility, except with written permission from the Public Prosecution. He must record in the register prepared for this purpose the name of the person who was permitted, the time of the meeting, and the date and content of the permission. Any procedure that violates this shall be null and void.
Article No. 120
In all cases, the Public Prosecutor may order that the accused, who is in pretrial detention, not contact other detainees and that visits be prohibited, without prejudice to the accused’s right to always contact his lawyer without anyone being present.
Article No. 121
If the Public Prosecution deems it necessary to extend the period of pretrial detention, it must, before the expiry of the four-day period referred to in Article 113 of this Law, present the papers to the Summary Judge to issue a reasoned order, after hearing the statements of the Public Prosecution and the accused, either to release the accused or to extend the period of pretrial detention for a period or successive periods, each of which shall not exceed fifteen days and the total shall not exceed forty-five days.
In misdemeanor cases, the arrested defendant must be released eight days after the date of his interrogation if he has a known place of residence in Egypt, the maximum legally prescribed penalty does not exceed one year, he is not a repeat offender, and he has not previously been sentenced to imprisonment for more than one year.
Article No. 122
An order issued by the Public Prosecution regarding one of the measures stipulated in Article 114 of this Law shall be effective for a period of ten days following the commencement of its implementation.
Without prejudice to any special provision in this law, the same provisions applicable to pretrial detention shall apply to these measures, and the same rules applicable to pretrial detention shall apply to extending the duration of the measures, their maximum limit, or their appeal.
Article 123
If the investigation is not completed and the Public Prosecutor sees fit to extend the period of pretrial detention or the measure beyond what is stipulated in Articles 121 and 122 of this Law, and in the cases stipulated in the third paragraph of Article 117 of this Law, he must, before the end of the period of pretrial detention or the measure, present the papers to the Court of Misdemeanors Appeal convened in chambers to issue a reasoned order after hearing the statements of the Public Prosecutor and the accused to extend the period of detention or the measure for successive periods, each of which shall not exceed forty-five days, if the interest of the investigation requires it, or to release the accused or to terminate the measure, as the case may be.
However, the matter must be presented to the Attorney General whenever ninety days have passed since the accused was detained pending trial for a felony or his detention was extended, in order to take the measures he deems necessary to complete the investigation.
Article 124
The period of pretrial detention or the measure shall not exceed three months in misdemeanor cases unless the accused has been notified of his referral to the competent court before the end of this period. In this case, the Public Prosecution must present the detention or measure order within a maximum of five days from the date of notification of referral to the competent court in accordance with the provisions of the first paragraph of Article 132 of this Law to implement the requirements of these provisions, otherwise the accused must be released or the measure terminated as the case may be.
If the charge against him is a felony, the period of pretrial detention or the measure may not exceed five months unless, before its expiry, an order is obtained from the competent court to extend the detention or the measure for a period not exceeding forty-five days, renewable for one or more similar periods. Otherwise, the accused must be released or the measure terminated, as the case may be.
In all cases, the period of pretrial detention during the preliminary investigation stage and all other stages of the criminal proceedings shall not exceed one-third of the maximum term of imprisonment, provided that it does not exceed four months in misdemeanors and twelve months in felonies, and eighteen months if the prescribed penalty for the crime is life imprisonment or death. The Court of Appeal of Criminals and the Court of Cassation, if the judgment is death or life imprisonment, may order the accused to be detained in pretrial detention for a period of forty-five days, renewable for other periods not exceeding two years.
Chapter Eight
Temporary release
Article 125
The Public Prosecution may order the temporary release of the accused who is in pretrial detention or terminate the measure at any time, whether on its own initiative or at the request of the accused, with or without bail, provided that he undertakes to appear whenever he is requested by the Public Prosecution.
Article No. 126
Except in cases where release is mandatory, the accused shall not be released on bail or without bail unless he has designated a chosen domicile, mobile phone number or email address as specified in paragraph two of Article 72 of this Law.
Article No. 127
Temporary release may be suspended or the measure terminated in circumstances other than those in which the accused is obliged to provide bail.
The amount of bail is determined by the public prosecutor, the summary judge, or the misdemeanor appeals court sitting in chambers, as the case may be.
Half of the bail amount is allocated as a penalty for the defendant's failure to appear in any investigative or procedural step, to proceed with the execution of the judgment, and to perform all other duties imposed upon him. The other half is allocated to pay the following, in order:
First: Expenses incurred by the government.
Second: Financial penalties that may be imposed on the accused.
If bail is set without specification, it is considered a guarantee that the accused will fulfill his duty of attendance and will not evade execution and other duties imposed on him.
Article No. 128
The bail amount is paid by the accused or another person by depositing the estimated amount in the court treasury in cash, government bonds or government-guaranteed bonds, by means of a certified bank check, a bank guarantee letter, or one of the non-cash payment methods stipulated in the Law Regulating the Use of Non-Cash Payment Methods issued by Law No. 18 of 2019
It is permissible to accept from any person who is solvent a pledge to pay the estimated amount of bail or a bank guarantee letter if the accused violates one of the conditions of release, and the pledge shall be taken from him in the investigation report or in a report in the clerk’s office, and the report or the report shall have the force of an executive instrument.
Article No. 129
If the accused fails, without acceptable excuse, to fulfill one of the obligations imposed on him, the first part of the bail becomes the property of the government by a reasoned decision from the authority competent to investigate or prosecute.
The second part is issued if a decision is issued in the case that there is no basis for filing it or a verdict of acquittal is issued.
Article No. 130
If the accused's condition does not allow for bail, he may be required to present himself to the competent police station at the times specified for him in the release order, taking into account his special circumstances.
He may also be required to choose a place to live other than the place where the crime occurred, or he may be prohibited from frequenting a certain place.
Article No. 131
The order issued for release does not prevent the Public Prosecutor from issuing a new order to arrest the accused or to detain him pending trial if the evidence against him strengthens, or if he violates the duties imposed on him, or if circumstances arise that necessitate taking this measure, without prejudice to the provisions of Articles 123 and 124 of this Law.
Article No. 132
If the accused is referred to the court, the decision to release him if he is imprisoned, to imprison him if he is released, to terminate the measure or to order it, falls within the jurisdiction of the court to which he is referred.
In the event of referral to a first-instance criminal court, the matter, when not in session, falls under the jurisdiction of the misdemeanor appeals court convened in chambers.
In the event of a ruling of lack of jurisdiction, the Misdemeanor Appeals Court, sitting in chambers, shall be competent to consider the request for release, detention, termination of measures, or order for such release, until the case is brought before the competent court.
Article No. 133
The victim or the civil claimant shall not be permitted to request the detention of the accused or order any of the measures against him, nor shall statements be heard from him in discussions relating to his release or the termination of the measure.
Article No. 134
The summary judge, the misdemeanor appeals court, or the competent court may determine bail for the release of the accused whenever the Public Prosecution requests an order to extend the period of pretrial detention, taking into account the provisions of Articles 127, 128, 129, 130, and 131 of this law.
Chapter Nine
Handling seized items
Article No. 135
It is permissible to order the return of seized items, even before a judgment is issued in the case, unless they are necessary for the continuation of the case or subject to confiscation.
Article No. 136
The order to respond is issued by the Public Prosecution, the investigating judge, or the Court of Misdemeanors Appeal convened in chambers. Only the court of subject matter may order the response during the consideration of the case.
Article No. 137
The seized items shall be returned to the person who had them in his possession at the time of seizure. As for the items that were the result of the crime or obtained from it, they shall be returned to the person who lost possession of them due to the crime, unless the person with whom they were seized has the legal right to keep them.
Article No. 138
The order for restitution does not prevent those concerned from claiming their rights before the civil courts. If the order for restitution was issued by the court at the request of either the accused or the civil rights claimant against the other, it may not be claimed before the civil courts.
Article No. 139
It is permissible to order a response even without a request.
The Public Prosecution or the investigating judge may not order the return in case of dispute. In this case, or in case of doubt as to who has the right to receive the thing, the matter shall be referred to the Court of Misdemeanors Appeal convened in chambers, at the request of the concerned parties, to order as it sees fit.
Article No. 140
When an order is issued to preserve or that there is no basis for filing a lawsuit, a decision must be made on how to dispose of the seized items. The same applies when ruling on the lawsuit if a claim for restitution is made before the court.
Article No. 141
The court of first instance or the misdemeanor appeals court, sitting in chambers, may refer the matter of restitution to the civil court if it deems it necessary. In this case, the seized items may be placed under custody or other precautionary measures may be taken regarding them.
Article No. 142
If the seized item is something that deteriorates over time or requires expenses to preserve that consume its value, or if its owner does not claim it within six months from the date of the end of the lawsuit, the Public Prosecution may order its sale by one of the methods stipulated in the Law Regulating Contracts Concluded by Public Entities issued by Law No. 182 of 2018, whenever the requirements of the lawsuit permit it, and its owner shall have the right to claim the price at which it was sold after deducting expenses and costs.
Chapter Ten
The accused was prevented from disposing of or managing his funds.
Article No. 143
In cases where sufficient evidence from the investigation establishes the seriousness of the accusation in any of the crimes stipulated in Chapter Four of Book Two of the Penal Code, and other crimes that occur against the funds owned by the State, public bodies and institutions and their affiliated units or other public legal entities, as well as in crimes in which the law requires the court to rule on its own initiative to return the sums or the value of the things that are the subject of the crime or to compensate the victim, and the Public Prosecution has determined that the matter requires taking precautionary measures on the funds of the accused, including preventing him from disposing of them or managing them, it must present the matter to the competent criminal court requesting a ruling to that effect to guarantee the implementation of what may be ruled upon in terms of fine, return or compensation.
The Public Prosecutor, when necessary or in a state of urgency, may temporarily order the accused to be prevented from disposing of or managing his funds. The order to prevent management must include the appointment of someone to manage the seized funds. In all cases, the Public Prosecutor must present the order to the competent criminal court within a maximum of seven days from the date of its issuance, requesting a ruling to prevent disposal or management, otherwise the order shall be considered as if it never existed.
Article No. 144
The Criminal Court shall issue its ruling within a period not exceeding fifteen days from the date of the presentation of the order of prohibition referred to in the first paragraph of Article 143 of this Law to it, after hearing the statements of the concerned parties. The Court shall decide on the extent to which the temporary order referred to in the second paragraph of Article 143 of this Law shall continue to be in effect whenever it sees a reason to postpone its consideration.
The ruling must include the reasons on which it was based, and the prohibition from management must include the appointment of someone to manage the seized funds after taking the opinion of the Public Prosecution.
The court may, at the request of the Public Prosecution, include in its ruling any money belonging to the spouse of the accused, his minor children, or his heirs, if there is sufficient evidence that it was obtained from the crime under investigation and was transferred to them from the accused, after they have been included in the request.
The person appointed to manage the funds must take possession of the funds and take inventory of them in the presence of the concerned parties, a representative of the Public Prosecution, or an expert appointed by the court. The person appointed to manage the funds is obligated to preserve the funds, manage them well, and return them with their collected proceeds in accordance with the provisions established in the Civil Code regarding agency in matters of management, deposit, and custody, in the manner that will be regulated by a decision issued by the Attorney General.
Article No. 145
Anyone against whom a judgment of prohibition from disposition or management has been issued may appeal it before the competent criminal court after three months have passed from the date of the judgment. If his appeal is rejected, he may submit a new appeal every three months from the date of the judgment rejecting the appeal.
Anyone against whom a judgment has been issued prohibiting them from disposing of or managing property, and any interested party, may appeal against the procedures for its implementation.
The grievance is submitted by filing a report with the clerk of the competent criminal court. The head of the court must set a session to consider the grievance, which must be announced to the complainant and all interested parties. The court must decide on the grievance within a period not exceeding fifteen days from the date of the report.
The competent court may, during the consideration of the case, either on its own initiative or at the request of the Public Prosecution or the concerned parties, rule to terminate the prohibition on disposal or management that was issued, or to amend its scope or the procedures for its implementation.
Article No. 146
The order issued to dispose of the criminal case or the judgment issued therein must state what is to be done with regard to the precautionary measures referred to in Article 143 of this Law.
In all cases, the prohibition from disposing of or managing property ends with the issuance of a decision that there is no basis for filing a criminal case, or with the issuance of a final judgment of acquittal, or with the full implementation of the financial penalties and compensations that were ordered.
No action taken in violation of the order or judgment referred to in Articles 143 and 144 of this Law shall be considered valid when executing a judgment ordering the return of sums or the value of things involved in the crime or compensating the victim, as the case may be. This shall be done from the date of registration of either of them in a special register issued by a decision of the Minister of Justice. Every interested party shall have the right to view this register.
Article No. 147
When ruling to return the sums or the value of the things involved in the crimes referred to in Article 143 of this Law, or to compensate the victim thereof, the court may, upon the request of the Public Prosecution or the civil claimant as the case may be, and after hearing the statements of the concerned parties, order the execution of this ruling on the assets of the accused’s spouse and minor children, if it is proven that they were transferred to them from the accused, and that they were obtained from the crime for which the ruling was issued.
Article No. 148
The expiration of a criminal case due to death, whether before or after its referral to the court, does not prevent the court from ordering restitution in the crimes stipulated in Articles 112, 113/paragraphs one, two and four, 113 bis paragraph one, 114, 115 of the Penal Code.
The court must order restitution against the heirs, legatees, and all those who have seriously benefited from the crime, so that the restitution order is enforceable against the assets of each of them to the extent of their benefit.
The court must appoint a lawyer to defend those against whom the recusal request is directed if they do not appoint someone to defend them.
Chapter Eleven
The accused was prevented from traveling.
Article No. 149
The Public Prosecutor or his delegate may, on his own initiative or at the request of the concerned parties, and the competent investigating judge, when there is sufficient evidence of the seriousness of the accusation in a felony or misdemeanor punishable by imprisonment, issue a reasoned order to prevent the accused from traveling outside the country or to place his name on arrival watch lists for a period of one year, renewable for one or more similar periods, for a matter required by the necessities of the investigations or the proper conduct of the trial proceedings, and to ensure the implementation of any penalties that may be imposed.
The Attorney General or his delegate may, on his own initiative or at the request of any interested party, issue a reasoned order to include on the lists of those prohibited from traveling or on arrival watch lists those convicted and wanted for execution, and those accused and convicted whom the competent foreign judicial authorities request be extradited or tried.
Article No. 150
The person who is prohibited from traveling, or who is listed on arrival watch lists, or his representative, may appeal this matter before the competent criminal court sitting in chambers, within fifteen days from the date he became aware of it.
An appeal against a ban or listing order may not be filed again before three months have passed since the date of rejection of the previous appeal.
The grievance is made by filing a report with the clerk of the competent criminal court. The head of the court must set a session to consider the grievance, which is announced to the complainant and the Public Prosecution. The court must decide on the grievance within a period not exceeding fifteen days from the date of the report, with a reasoned ruling after hearing the statements of the complainant or his representative and the Public Prosecution. For this purpose, it may take whatever measures or investigations it deems necessary in this regard.
Article No. 151
The investigating authority that issued the order may, at any time, retract the order issued by it, and it may also amend it by removing his name from the lists of those prohibited from traveling or those on arrival watch lists for a specified period if the need arises to do so.
The Attorney General, based on considerations he deems appropriate, including health conditions, may grant any of those whose names are listed on the travel ban lists, upon his request or that of his agent or one of his relatives up to the fourth degree, permission to travel to a specific country or countries for a specified period, if he provides guarantees that he will return to the country when the permit expires.
In all cases, the travel ban ends with the issuance of a decision that there is no basis for filing a criminal case or with the issuance of a final acquittal, whichever comes first.
Chapter Twelve
The investigation has concluded and the case has been disposed of.
Article No. 152
If the Public Prosecution, after investigation, sees that there is no basis for filing a lawsuit, it issues an order to that effect, and orders the release of the detained defendant unless he is detained for another reason. The order that there is no basis for filing a lawsuit in felonies shall only be issued by the Attorney General or his deputy.
The order must be in writing and must include the reasons on which it was based.
The order shall state the name of the accused, his title, his age, his place of birth, his residence, his profession, his national number or his travel document number, his domicile if he is a foreigner, the incident attributed to him and its legal description.
The order shall be announced to the accused, the victim, and the civil claimant. If any of them has died, the announcement shall be made to his heirs collectively, without mentioning their names, at the last place of residence of their deceased.
Article No. 153
The Public Prosecutor may cancel the order referred to in Article 152 of this Law within the period of three months following its issuance, unless a decision has been issued by the Court of First Instance Criminal Court or by the Court of Appeal for Misdemeanors convened in chambers, as the case may be, rejecting the appeal filed against this order.
Article No. 154
If the Public Prosecution deems the incident a misdemeanor, and the evidence against the accused is sufficient, it shall refer the case to the competent District Court, unless the crime is one of the misdemeanors that occur through newspapers or other means of publication, except for misdemeanors that harm individuals.
The accused shall be summoned to appear before the competent district court, in accordance with the provisions of Article 62 of this law.
Article No. 155
When the Public Prosecution issues a decision to refer the case to the District Court, it must send all the papers to the court clerk within three days, and notify the parties to appear before the court at the earliest session on the scheduled dates.
Article No. 156
If the Public Prosecution deems the incident to be a felony or a misdemeanor committed through newspapers or other means of publication, excluding misdemeanors harmful to individuals, and the evidence is sufficient, it shall refer the case to the Court of First Instance, notify the accused of the referral order, and send the papers to it immediately.
Article No. 157
The filing of a lawsuit in felony cases is done by referring it from the Attorney General or his deputy to the Court of First Instance with an indictment report that shows the data of the accused, his national number, the crime attributed to him with its constituent elements, all the aggravating or mitigating circumstances of the penalty, and the articles of the law to be applied, and it is attached to it a list of the content of the statements of witnesses and other evidence of proof. The Attorney General shall, on his own initiative, appoint a lawyer for each accused of a felony who has been ordered to be referred to the Court of First Instance if he has not appointed a lawyer to defend him. The Public Prosecution shall notify the parties of the order issued to refer him to the Court of First Instance within ten days following its issuance.
Article No. 158
The case file referred to the Court of Appeal is sent immediately to the clerk's office. If the defendant's lawyer requests a postponement to review it, the head of the court sets a date not exceeding ten days, during which the case file remains in the clerk's office, so that he can review it without it being moved from this office.
The litigants must notify their witnesses whose names are not included in the list referred to in Article 157 of this law, by means of a bailiff, to attend the session scheduled for the hearing of the case, while bearing the costs of notification and depositing the expenses of the witnesses’ travel.
Article No. 159
If the investigation includes more than one crime under the jurisdiction of courts of one level, and they are related, they shall all be referred by one referral order to the court territorially competent to one of them. If the crimes are under the jurisdiction of courts of different levels, they shall be referred to the highest level court.
In cases of connection where all crimes must be brought before a single court, if some crimes fall under the jurisdiction of ordinary courts and others fall under the jurisdiction of special courts, the lawsuit for all crimes shall be brought before the ordinary courts, unless the law stipulates otherwise.
Article No. 160
Subject to the provisions of Article 132 of this Law, the competent Public Prosecution member shall decide on the decision or order issued to refer the accused to the District Court or the Court of First Instance Criminal Court regarding the continuation of the accused’s pretrial detention or his release, or his arrest if he has not been arrested or has been released, unless he has been notified of the decision or order of referral. If he is arrested, he must be brought before the competent court within forty-eight hours.
Article No. 161
If, after the referral order is issued, something occurs that requires further investigation, the Public Prosecution shall conduct it and submit the report to the court.
Article No. 162
The Public Prosecutor or the Attorney General may, in the cases specified in the first paragraph of Article 118 bis A of the Penal Code, refer the case to the misdemeanor courts to adjudicate it in accordance with the provisions of the aforementioned article.
Article No. 163
The order issued by the Public Prosecution that there is no basis for filing a lawsuit prevents a return to the investigation, unless new evidence appears before the expiry of the period stipulated for the expiry of the criminal case.
New evidence includes witness testimonies, reports, and documents containing other evidence that was not presented to the Public Prosecution, and which would strengthen evidence that was found to be insufficient or increase the clarification leading to the emergence of the truth.
Chapter Thirteen
Appeal against orders issued by the Public Prosecution
Article No. 164
The accused and the civil claimant may appeal the order issued by the Public Prosecution that there is no basis for filing a lawsuit, unless it was issued in a charge against a public employee or worker or one of the law enforcement officers for a crime committed by him during or because of the performance of his duties, unless it is one of the crimes stipulated in Article 123 of the Penal Code.
The appeal is made by filing a report with the clerk's office within ten days from the date of notification of the order.
The appeal is submitted to the Court of First Instance Criminal Court convened in chambers for felony matters, and to the Court of Appeal for Misdemeanors convened in chambers for misdemeanor matters.
When the advisory chamber cancels the order that there is no basis for filing a lawsuit, it must return the case to the Public Prosecution specifying the crime committed, the text of the applicable law, the statements of the prosecution witnesses, and the content of other evidence, in order to refer it to the competent court.
Decisions issued by the Consultative Chamber in accordance with the provisions of this chapter shall be final.
Article No. 165
All parties may appeal orders relating to jurisdictional matters. An appeal does not halt the investigation, and a ruling of lack of jurisdiction does not invalidate the investigation proceedings.
The deadline for appealing those orders is ten days from the date the opposing parties are notified of them.
Article No. 166
The accused may appeal the order issued for his pretrial detention or for the extension of the detention period, and the Public Prosecution may, if the necessity of the investigation requires it, appeal the order issued for the temporary release of the accused who is in pretrial detention.
Article No. 167
Appeals against orders issued in accordance with the provisions of this chapter shall be made by filing a report with the court clerk.
Article No. 168
The Public Prosecution's appeal against the temporary release order shall be within twenty-four hours from the date of its issuance, and the appeal must be decided within forty-eight hours from the date it is filed.
The accused may appeal the detention order or its extension at any time. If a decision is issued rejecting his appeal, he may submit a new appeal against the same decision whenever thirty days have passed from the date of the decision rejecting the appeal.
Article No. 169
The appeal is filed before the Misdemeanor Appeals Court sitting in chambers if the appealed order was issued by the Summary Judge for pretrial detention, its extension, or release. If the order was issued by that court, the appeal is filed before the First Instance Criminal Court sitting in chambers. If it was issued by the First Instance Criminal Court, the appeal is filed before the Criminal Appeals Court.
Article No. 170
In cases other than those referred to in Articles 164 to 169 of this Law, the appeal shall be filed before the Court of Misdemeanors Appeals sitting in chambers.
Article No. 171
Appeals against orders for pretrial detention, its extension, or temporary release must be decided within forty-eight hours from the date the appeal is filed; otherwise, the accused must be released if the appeal is against the temporary release decision.
One or more circuits of the Court of First Instance or the Criminal Court at both levels shall be designated to consider appeals against orders of pretrial detention or temporary release referred to in this article.
Article No. 172
The order issued for the temporary release of the accused who is in pretrial detention shall be executed unless the Public Prosecution appeals it within the period stipulated in Article 168 of this Law.
The court competent to hear the appeal may order the extension of the accused’s detention in accordance with what is stipulated in Articles 123 and 124 of this law.
If the appeal is not decided within three days of the date of the report, the release order must be executed immediately.
Article No. 173
If the appeal filed by the civil rights plaintiff against the order that there is no basis for filing the lawsuit is rejected, the authority to which the appeal is filed may rule in favor of the defendant for the damages arising from the filing of the appeal, if there is a basis for that.
Chapter Four
Investigation by the investigating judge
Chapter One
Appointment of an investigating judge
Article No. 174
If the Public Prosecution deems it appropriate in felony or misdemeanor cases for the investigating judge to conduct the investigation, given the specific circumstances, it may, at any stage of the case, request the President of the competent Primary Court to assign one of its judges to conduct this investigation. The assignment shall be by decision of the General Assembly of the Court or whoever it authorizes to do so at the beginning of each judicial year. In this case, the assigned judge shall be the only one competent to conduct the investigation from the time he begins it.
The accused or the civil claimant, if the lawsuit is not directed against a public official, public employee or one of the law enforcement officers for a crime committed by him during or because of the performance of his duties, may request the head of the primary court to issue a decision on this assignment.
The General Assembly of the Court or its delegate shall issue the appointment decision if the reasons stated in the first paragraph of this article are met, after hearing the statements of the Public Prosecution.
Article No. 175
The Minister of Justice may request the Court of Appeal to appoint a judge to investigate a specific crime or crimes of a specific type. The appointment shall be by decision of the General Assembly of the Court or whoever it authorizes to do so at the beginning of each judicial year. In this case, the appointed judge shall be the only one competent to conduct the investigation from the time he begins it.
Article No. 176
The investigating judge appointed in accordance with the provisions of Articles 174 and 175 of this law must complete the investigation within a period not exceeding six months from the time of its commencement, unless necessities required by the investigation prevent this. If the investigation requires exceeding this period, the investigating judge appointed must submit the matter to the General Assembly or whoever it authorizes to issue the appointment decision, as the case may be, for renewal for a period not exceeding six months. If the investigation does not require exceeding this period or the investigating judge appointed violates the procedures for presenting the case, the General Assembly or whoever it authorizes shall appoint another judge to complete the investigation.
Article No. 177
The investigating judge may not directly investigate a specific crime or crimes of a specific type, except at the request of the Public Prosecution or upon referral to him by other authorities stipulated in the law.
Chapter Two
The investigating judge directly, according to his jurisdiction.
Article No. 178
Without prejudice to what is stated in a special provision in this chapter, the investigating judge shall exercise his jurisdiction in accordance with the provisions established regarding investigation by the Public Prosecution.
Article No. 179
Without prejudice to the provisions of Article 176 of this Law, if the case is referred to the investigating judge, he alone shall be competent to investigate it.
Article No. 180
The investigating judge may assign one of the members of the Public Prosecution or one of the judicial officers to carry out one or more of the investigative tasks, except for questioning the accused.
The delegate shall, within the limits of his delegation, have all the powers of the investigating judge.
If there is a need to take action outside his jurisdiction, he may request the judge of the court of the region or one of the members of the Public Prosecution or assign one of the judicial officers therein.
The judge of the delegated court may, when necessary, assign this task to one of the members of the Public Prosecution or one of the judicial officers, in accordance with the first paragraph of this article.
The investigating judge must personally carry out this procedure whenever the interest of the investigation requires it.
Article No. 181
In all cases where the investigating judge delegates some investigative work to another person, he must specify the issues to be investigated and the procedures to be taken.
The delegate may carry out any other investigative work or interrogate the accused in cases where there is a fear of time running out, provided that this is related to the work he was delegated to and necessary to uncover the truth.
Article No. 182
When conducting an investigation, the investigating judge shall have the powers vested in the summary judge contained in this law.
Article 183
The investigating judge shall have the same powers as the court with regard to the order of the session.
Article 184
The Public Prosecution shall announce the witnesses whom the investigating judge decides to hear, as specified in Article 88 of this Law.
Article No. 185
Anyone summoned to appear before the investigating judge to give testimony must appear in accordance with the written summons; otherwise, the judge may, after hearing the statements of the Public Prosecution, order them to pay a fine not exceeding five hundred pounds, and may issue an order
By ordering him to appear again at his own expense, or by issuing a reasoned order for his arrest and appearance.
Article No. 186
If the witness appears before the judge after being summoned again or on his own initiative and presents acceptable excuses, he may be exempted from the fine after hearing the statements of the Public Prosecution. He may also be exempted upon a request submitted by him if he is unable to attend in person.
Article No. 187
If a witness appears before the judge and refuses to give testimony or to take the oath, the judge, in misdemeanors and felonies, shall sentence him, after hearing the statements of the Public Prosecution, to a fine not exceeding two thousand pounds.
He may be exempted from all or part of the punishment if he changes his mind before the investigation is completed.
Article No. 188
If the witness is ill or has something preventing him from attending, his testimony shall be heard at his place of residence. If the judge goes to hear his testimony, and it becomes clear to him that the excuse is not valid, he may sentence him to imprisonment for a period not exceeding one month or to a fine not exceeding two thousand pounds.
Article No. 189
The judgments issued against witnesses by the investigating judge, in accordance with Articles 185, 187, and 188 of this law, may be appealed before the court competent to hear the case in which the witnesses were sentenced by those judgments.
Article 190
The Public Prosecution may review the documents at any time to ascertain what has transpired in the investigation, provided that this does not result in any delay to its progress.
Article No. 191
The Public Prosecution and the other parties may submit to the investigating judge the defenses, requests and observations that they deem appropriate to present during the investigation.
Article No. 192
The investigating judge shall decide within twenty-four hours on the pleas, requests and observations submitted to him, and shall state the reasons on which he bases his decision.
Article No. 193
If the orders of the investigating judge were not issued in the presence of the opposing parties, they shall be communicated to the Public Prosecution, which shall notify them of them within twenty-four hours of the date of their issuance.
Article No. 194
Subject to the provisions of paragraph two of Article 112 of this Law, the investigating judge must immediately interrogate the arrested accused. If this is not possible, he shall be placed in one of the reform and rehabilitation centers or detention facilities until he is interrogated. The period of his placement shall not exceed twenty-four hours. If this period has passed, the person in charge of managing those places or centers must hand him over to the Public Prosecution, and it must immediately request the investigating judge to interrogate him. If necessary, it may request this from the summary judge or the head of the court, or any other judge appointed by the head of the court, otherwise it shall order his release.
Article No. 195
If the accused is arrested outside the jurisdiction of the court where the investigation is taking place, he shall be sent to the Public Prosecution in the jurisdiction where he was arrested. The Public Prosecution shall verify all the data pertaining to his person, inform him of the incident attributed to him, record his statements regarding it, and send him within twenty-four hours to the competent investigating judge.
If the accused objects to his transfer or his health condition does not allow for transfer, the investigating judge shall be notified, and he shall immediately issue his order for the procedure to be followed.
Article No. 196
Before issuing an order for detention or other measures, the investigating judge must hear the statements of the public prosecutor and the defendant's defense.
Article No. 197
The Public Prosecution may request the investigating judge at any time to detain the accused in custody or subject him to one of the measures stipulated in Article 114 of this Law.
Article No. 198
Subject to the provisions of paragraph two of Article 121 of this Law, pretrial detention or the measure shall necessarily end after the expiry of fifteen days. However, the investigating judge may, after hearing the statements of the Public Prosecution and the accused, issue an order to extend the detention or the measure for successive periods, provided that each of them does not exceed fifteen days and that their total does not exceed forty-five days.
If the investigation is not completed, and the investigating judge deems it necessary to extend the pretrial detention or measure beyond what is stipulated in the first paragraph of this article, then the provisions of Articles 123 and 124 of this law must be adhered to.
Article No. 199
The investigating judge may at any time, either on his own initiative or at the request of the accused, order, after hearing the statements of the Public Prosecution, the release of the accused or the termination of the measure if he was the one who ordered the pretrial detention or the measure or was asked to do so.
If the order for pretrial detention or the measure is issued by the Court of Appeals for Misdemeanors convened in chambers based on the Public Prosecution’s appeal of the previous release order issued by the investigating judge, then no release order may be issued during the period in which the detention order or the termination of the measure was issued except by one of them, as the case may be.
Article No. 200
The investigating judge sends the papers to the Public Prosecution after the investigation is completed, and it must submit its requests to him in writing within three days if the accused is detained or subject to one of the measures, and ten days if he is released.
The investigating judge must notify the other parties to give their statements within three days of the date of notification.
Article No. 201
If the investigating judge sees that there is no basis for bringing criminal charges, he issues a written order to that effect, and releases the detained accused unless he is detained for another reason, or by terminating the measure.
He may not issue an order stating that there is no basis for filing a criminal case due to lack of importance, except at the request of the Public Prosecution.
The order must include the reasons on which it was based.
The order shall be announced to the Public Prosecution, the accused, the victim, and the civil claimant. If any of them has died, the announcement shall be made to his heirs collectively, without mentioning their names, at the last place of residence of their deceased.
Article No. 202
If the investigating judge sees that the incident is a misdemeanor, and that the evidence against the accused is sufficient, he orders that it be referred to the competent district court to consider it, unless the crime is one of the misdemeanors that occur through newspapers or other means of publication, except for misdemeanors that harm individuals, in which case he refers it to the first instance criminal court. If it becomes clear to the investigating judge that the incident is a violation, he refers it to the Public Prosecution to take its affairs in it.
Article No. 203
When the Public Prosecution issues a decision to refer the case to the competent District Court, it must send all the papers to the court clerk within three days, and notify the parties to appear before the court at the earliest session and on the scheduled dates.
Article No. 204
If the investigating judge sees that the incident is a felony or one of the misdemeanors that occur through newspapers or other means of publication, except for misdemeanors that harm individuals, and that the evidence against the accused is sufficient, he shall refer the case to the Court of First Instance and instruct the Public Prosecution to send the papers to it immediately.
Article No. 205
The provisions of Articles 108, 116, 152, and 157 of this law shall apply to orders issued by the investigating judge.
Article No. 206
Returning to the investigation is not permissible according to the provisions of Article 163 of this law except at the request of the
Public Prosecution.
Chapter Three
Appeal against orders issued by the investigating judge
Article No. 207
The Public Prosecution may appeal, even in the interest of the accused, all orders issued by the investigating judge, whether on his own initiative or at the request of the litigants.
Article No. 208
The accused may appeal the order issued by the investigating judge to detain him in custody or to extend the period of detention.
Article No. 209
The accused and the civil claimant may appeal orders issued by the investigating judge that there is no basis for filing a lawsuit, unless the order was issued in a charge against a public official, public employee, or law enforcement officer for a crime committed by him during or because of the performance of his duties, unless it is one of the crimes stipulated in Article 123 of the Penal Code.
Article No. 210
All parties may appeal orders relating to jurisdictional matters. An appeal does not halt the investigation, and a ruling of lack of jurisdiction does not invalidate the investigation proceedings.
Article No. 211
The deadline for appealing the orders referred to in this chapter shall be ten days from the date of notification to the Public Prosecution and the other parties thereof, except for the cases referred to in Article 208 of this Law, in which case the deadline for appealing them shall be as stipulated in Article 168 of this Law.
The appeal is made by filing a report with the clerk's office, and the rules and provisions stipulated in the articles concerning appeals against orders issued by the Public Prosecution are followed in its procedures, consideration, and adjudication.
Book Two
courts
Chapter One
Specialization
Chapter One
Jurisdiction of criminal courts in criminal matters
Article No. 212
The District Court rules on every incident that is considered a misdemeanor under the law, except for misdemeanors committed by newspapers or other means of publication against persons other than individuals.
Article No. 213
The Criminal Court rules on every incident that is considered a felony under the law, and on misdemeanors committed through newspapers or other means of publication, except for misdemeanors that harm individuals, and on other crimes for which the law stipulates its jurisdiction.
Article No. 214
Jurisdiction is determined by the place where the crime occurred, or where the accused resides, or where he is arrested.
Article No. 215
In the case of attempted crime, the crime is considered to have occurred in every place where an act of initiating execution took place.
In continuing crimes, any place where the state of continuity exists is considered a place of crime.
In habitual and successive crimes, the place of the crime is considered to be any location where one of the acts included in ittakes place.
If a crime is committed abroad that falls under the provisions of Egyptian law, and the perpetrator has no place of residence in Egypt and is not apprehended there, the felony case shall be brought against him before the Criminal Court of First Instance in the Cairo Court of Appeal district, and the misdemeanor case before the Abdeen Partial Court.
Chapter Two
Jurisdiction of criminal courts
In matters upon which the resolution of a criminal case depends
Article No. 216
A civil suit, regardless of its value, may be filed to compensate for damages arising from a crime before the criminal courts to be considered along with the criminal case.
Article No. 217
The criminal court has jurisdiction to decide on all matters upon which the judgment in the criminal case brought before it depends, unless the law stipulates otherwise.
Article No. 218
If the ruling in a criminal case depends on the outcome of another criminal case, the first criminal case must be suspended until the other case is resolved.
Article No. 219
If the judgment in the criminal case depends on the resolution of a personal status matter, the criminal court may suspend the case and set a deadline for the accused, the victim, or the civil rights claimant, as the case may be, to raise the aforementioned matter to the competent authority.
Suspending the lawsuit does not prevent taking the necessary or urgent measures or investigations.
Article No. 220
If the period referred to in Article 219 of this Law expires and the lawsuit has not been filed with the competent authority, the court may disregard the suspension of the lawsuit and decide on it.
It may also set another deadline for the opponent if it deems there are acceptable reasons to justify it.
Article No. 221
In non-criminal matters that criminal courts decide in connection with criminal proceedings, they follow the methods of proof established in the law pertaining to those matters.
Chapter Three
Jurisdiction dispute
Article No. 222
If a case is filed concerning one or more related crimes with two investigative or judicial bodies affiliated with the same primary court, and each of them has definitively decided on its jurisdiction or lack thereof, and the jurisdiction is limited to them, the request to determine which body will decide on it shall be submitted to the Appeals Misdemeanor Circuit of the Primary Court.
Article No. 223
If two rulings are issued regarding jurisdiction or lack of jurisdiction by two entities affiliated with two primary courts, or by two primary courts, or by two criminal courts of their respective levels, the request to determine the competent court shall be submitted to the Court of Cassation.
Article No. 224
Each of the parties to the lawsuit may submit a request to determine the court that will decide the case, by means of a petition accompanied by documents supporting this request.
Article No. 225
After reviewing the application, the court orders that the papers be deposited in the clerk's office.
The clerk must notify the other parties of the deposit of the documents so that they may review them and submit a memorandum of their statements within ten days following their notification of the deposit. The deposit order shall result in the suspension of proceedings in the case for which the request was submitted, unless the court decides otherwise.
Article No. 226
The Court of Cassation or the Court of First Instance, after reviewing the documents, determines which court or body will proceed with the case, and also decides on the procedures and rulings that may have been issued by other courts whose jurisdiction has been revoked.
Article No. 227
If the request is rejected, the student, if he is not from the Public Prosecution, may be sentenced to a fine not exceeding five hundred pounds.
Chapter Two
Misdemeanor courts
Chapter One
Announcement of opponents
Article No. 228
The case is referred to the misdemeanor court based on the defendant being directly summoned to attend by a member of the Public Prosecution or by the civil rights claimant, or an order issued by the investigating judge or the Misdemeanor Appeals Court sitting in chambers.
The accused may be dispensed with if he attends the session and is charged by the Public Prosecution and before the trial. However, the plaintiff in the civil rights case may not bring the case to court by directly summoning his opponent to appear before it if an order is issued by the investigating judge or the Public Prosecution that there is no basis for filing the criminal case and the plaintiff in the civil rights case does not appeal this order within the period or he appeals it and the Court of Appeals for Misdemeanors, sitting in chambers, upholds it, or if the case is directed against an employee or public worker or one of the law enforcement officers for a crime that occurred during or because of the performance of his duties, unless it is one of the crimes referred to in Article 123 of the Penal Code.
In all cases, lawsuits to stop or confiscate artistic, literary and intellectual works or against their creators may only be filed through the Public Prosecution.
Article No. 229
The parties shall be summoned to appear before the court at least seven full days before the session is held in misdemeanors, excluding the distance periods stipulated in the Civil and Commercial Procedures Law, based on the request of the Public Prosecution or the plaintiff in civil rights.
The summons document includes the defendant’s details, his national ID number or travel document number and his place of residence if he is a foreigner, the charge, and the articles of law that stipulate the penalty.
In cases of flagrante delicto, and in cases where the accused is in pretrial detention for a misdemeanor, the summons may be issued without a date. If the accused appears and requests a date to prepare his defense, the court shall authorize him with the date stipulated in the first paragraph of this article.
Article No. 230
The summons shall be served as stipulated in paragraphs one and two of Article 72 of this Law, or to the person being summoned, or at his residence as stated on his national identity card.
If the process server does not find the person to be notified at his residence, he must deliver the paper to whoever he declares to be his agent, or who works in his service, or who lives with him, such as spouses, relatives, and in-laws.
If the accused does not have a fixed place of residence, the notification shall be delivered to the administrative authority to which his last known place of residence belongs, and the place where the crime occurred shall be considered the last place of residence of the accused unless proven otherwise.
Article No. 231
If the process server is unable to deliver the paper in accordance with Article 230 of this Law, or if the person he finds mentioned in the second paragraph of that Article refuses to sign the original for receipt or to receive the copy, the process server must, within twenty-four hours, send the person being served a text message to the mobile phone number registered with his national ID number, including all the details of the announcement. A report from the Advertising Center stipulated in Article 232 of this Law, confirming receipt of the message, and a printed extract of the text of the announcement message, must be attached to the case file.
In cases where the notification center’s report proves that the message could not be received, or if there is no mobile phone number registered with the national identification number of the person being notified, or if it is impossible to notify through the aforementioned center for any reason, the process server must deliver the original notification within twenty-four hours to the officer of the department or center, or the mayor or village chief in whose jurisdiction the person being notified resides, as the case may be, after he has signed the original as proof of receipt.
The process server must, within twenty-four hours, send to the person being notified at his place of origin a registered letter, attaching another copy of the document, informing him that the copy has been delivered to the administrative authority.
The bailiff must also prepare a report of the procedures he followed, attaching a copy of the notice, which is filed with the case. The notice is considered to have its effects from the time the report of receipt of the message is attached or from the time the copy is delivered to the person to whom it was legally delivered, as the case may be.
Article No. 232
Each district court shall establish a telephone advertising center affiliated with the Ministry of Justice, which shall be responsible for inquiring from the Civil Status Department about the national number of the accused and the mobile phone number registered therein, in accordance with the regulations and rules in force in the Civil Status Department and in a manner that does not conflict with the requirements of national security and the confidentiality of national databases, and for sending telephone and electronic advertisements and preparing a report confirming the receipt of those messages.
The competent judge shall determine the fee due for the telephone announcement in accordance with the provisions of Article 16 of Law No. 90 of 1944 concerning court fees and documentation fees in civil matters, provided that it is obligatory for the person who is ordered to pay the criminal expenses to pay it.
The fee referred to in the second paragraph of this article is allocated to spending on the development of advertising centers and the preparation of the necessary databases.
Article No. 233
The documents that the bailiffs serve must include the following information:
- The date, day, month, year, and hour at which the announcement was made.
- A statement of the case being announced, its subject matter, and the capacity of the person being announced.
- The name of the bailiff and the court he works for.
- The name of the person being notified, his title, his profession or job, and his place of residence. If his place of residence is not known at the time of the notification, then his last known place of residence.
- Date and place of the procedure announced.
- The name and description of the person to whom the copy of the document was delivered, and his signature on the original acknowledging receipt.
- The official signed the minutes with his full name on both the original and the copy, with a legible signature.
A decision is issued by the Minister of Justice, in coordination with the relevant minister, to determine the mechanism for proving the sequence of telephone and electronic notices, and how to verify their arrival.
Article No. 234
The inmate shall be notified by delivering the documents to be served to him personally, and explaining their contents to him in the presence of the Director of the Public Reform and Rehabilitation Center or the Director of the Geographical Reform Center or their representatives. If the inmate expresses a desire to send a copy of the notification to a specific person, it must be sent to him by registered letter, and these procedures shall be recorded in a special register prepared for this purpose.
The notification of detainees in military prisons shall be delivered to him personally, and he shall be informed of its contents by the Organization and Administration Authority of the Armed Forces. If the detainee expresses a desire to send a copy of the notification to a specific person, it must be sent to him by registered letter, and these procedures shall be recorded in a special register prepared for this purpose.
Article No. 235
The litigants may review the case documents as soon as they are notified to appear before the court.
Chapter Two
Opponents' presence
Article No. 236
The accused in a misdemeanor case must appear in person, or with a lawyer appointed for him. If he does not have a lawyer in misdemeanors that may result in imprisonment, the court must appoint a lawyer to defend him, without prejudice to the court’s right to order his personal appearance.
Article No. 237
If the defendant who is required to appear according to the law does not appear in person on the day indicated in the summons, or if a representative does not appear on his behalf, a judgment may be issued in his absence after reviewing the documents, unless the summons was delivered to him personally or in the manner stipulated in the first and second paragraphs of Article 72 of this law, and it becomes clear to the court that there is no justification for his absence, the judgment shall be considered to be in his presence.
Instead of ruling in absentia, the court may postpone the case to a later session and order the defendant to be notified again at his residence, with the warning that if he or his agent fails to attend this session, the ruling will be considered in his presence. If he or his agent does not attend without a justification accepted by the court, the ruling will be considered in his presence.
Article No. 238
The judgment is considered to be in the presence of any of the litigants who attends when the case is called, even if he leaves the session afterward, or if he attends any of the sessions and then he or his representative fails to attend the sessions to which the case is adjourned without providing an excuse that is acceptable to the court.
Article No. 239
If a lawsuit is filed against several people for a single incident, and some of them attend while others fail to appear despite being summoned according to the law, the court postpones the case to a later session and orders that those who failed to appear be re-notified at their residence, with a warning to them that if they fail to attend this session, the judgment will be considered to be in their presence. If they do not attend and it becomes clear to the court that there is no justification for their absence, the judgment will be considered to be in their presence.
Article No. 240
In the cases stipulated in Articles 237, 238, and 239 of this Law, in which the judgment is considered to be in the presence of the parties, the court must investigate the case before it as if the opponent were present.
Article No. 241
If the opponent appears before the end of the session in which the judgment was issued against him in his absence, the case must be reconsidered in his presence.
Chapter Three
Maintaining order in the session
Article No. 242
The chairman is responsible for maintaining order and managing the session. He may, for this purpose, remove from the session hall anyone who disrupts its order. If he does not comply and persists, the court may immediately sentence him to twenty-four hours in prison or fine him five hundred pounds, and its ruling in this regard is not subject to appeal. If the disruption was committed by someone performing a function in the court, it may impose on him during the session whatever disciplinary penalties the competent authority is authorized to impose.
The court may, before the end of the session, reverse the judgment or decision it issues based on the first paragraph of this article.
Article No. 243
If a misdemeanor or violation occurs during the session, the court may file a lawsuit against the accused immediately, and rule on it after hearing the statements of the Public Prosecution and the defense of the accused.
In this case, filing a lawsuit does not depend on a complaint or request if the crime is one of the crimes stipulated in Articles 3, 8, and 10 of this law. However, if a felony has occurred, the head of the court shall issue an order to refer the accused to the Public Prosecution without prejudice to the provisions of Article 15 of this law.
In all cases, the head of the court shall draw up a report and order the arrest of the accused if the situation so requires.
Article No. 244
Without prejudice to the guarantees stipulated in the Lawyers Law and its amendments, if a lawyer, while performing his duty in the session and because of it, does something that may be considered a breach of the order of the session, or something that warrants his criminal prosecution, the head of the session shall write a memorandum of what happened.
The court may refer the memorandum to the Public Prosecution for investigation if what he did warrants criminal prosecution, and to the head of the court if what he did warrants disciplinary prosecution, and notify the relevant sub-union of this.
In all cases, the chairman of the session in which the incident occurred, or one of its members, may not be a member of the body that is considering the case.
All of this is without prejudice to the state of being caught in the act.
Article No. 245
Crimes that occur during a session and for which the court did not file a lawsuit while it was in session shall be considered according to the normal rules.
Chapter Four
The judges recused themselves and were removed from the ruling.
Article No. 246
The judge is prohibited from participating in the hearing of the case if the crime was committed against him personally, or if he performed the work of a judicial officer, or the function of the public prosecutor, or the defense of one of the litigants, or gave testimony in it, or carried out work of the experts.
He is also prohibited from participating in the ruling if he has carried out an investigation or referral in the case, or if he has issued a decision to prevent disposal, travel, or placement on travel and arrival watch lists, or from participating in the ruling in the appeal if the ruling being appealed was issued by him.
Article No. 247
The parties may challenge the judges from ruling in the cases mentioned in Article 246 of this law, and in all other cases of challenge specified in the Code of Civil and Commercial Procedure.
Members of the Public Prosecution and judicial officers may not be dismissed.
The victim is considered, with regard to the request for restitution, as a party to the lawsuit.
Article No. 248
If a reason for recusal arises, the judge must authorize the court to decide on his recusal in chambers. The judge of the lower court must present the matter to the head of the court, who must present the matter to the Court of Appeals for Misdemeanors, convened in chambers, to decide on it, in order to authorize his recusal.
Apart from the cases of recusal stipulated by law, if a judge has reasons that make him feel embarrassed about hearing the case, he may submit the matter of his recusal to the court, or to the head of the court as the case may be, for a decision.
Article No. 249
The rules stipulated in the Civil and Commercial Procedure Law shall be followed in considering and ruling on the request for a response.
The response shall be given only once during the trial period, provided that it is from the same person and for the same reason.
A request for a response may not be submitted to the clerk's office unless a guarantee of ten thousand pounds is paid, and the guarantee is multiplied according to the number of requests for a response.
The bail must be forfeited if the request for a refund is rejected.
The court that considers the recusal request may impose a fine not exceeding ten thousand pounds on the requester, if it finds that the recusal request was made in bad faith or that its purpose was to obstruct the adjudication of the case.
At the beginning of each judicial year, the General Assembly designates one or more circuits in the Courts of Appeal to consider requests for rebuttal, and to decide on the request within two weeks from the date it is presented to it.
Chapter Five
Civil rights claim
Article No. 250
Anyone who has suffered direct personal harm from the act that caused the crime, whether it is certain to occur now or in the future, may claim civil rights before the court that is considering the criminal case at any stage it has been in until the decision is issued to close the pleadings, but this is not accepted from him before the Court of Appeal.
The claim for civil rights and the summoning of the person responsible for them before the court shall be by notification through a bailiff, or by a request in the session if the opponent is present, otherwise the case must be postponed and the applicant shall be instructed to notify him of his requests.
If the plaintiff in the civil suit has already been accepted in this capacity, then the referral of the criminal case to the court includes the civil case.
The intervention of the civil rights claimant must not delay the resolution of the criminal case, otherwise the court shall rule that his intervention is inadmissible.
Article No. 251
If the person harmed by the crime is incapacitated and has no legal representative, the court before which the criminal case is brought may, at the request of the Public Prosecution, appoint a representative to claim civil rights on his behalf, and this shall not in any case obligate him to pay court expenses.
Article No. 252
The civil suit for compensation for damages shall be brought against the accused of the crime if he is twenty-one years of age, and against his representative if he has not reached that age or if he has reached it but is incapacitated. If he has no representative, the court must determine who represents him in accordance with Article 251 of this law.
A civil suit may also be brought against those responsible for civil rights for the actions of the accused.
The Public Prosecution may bring in those responsible for civil rights, even if there is no civil rights claimant in the case, to order them to pay the expenses due to the government.
No claim of guarantee may be brought before criminal courts, nor may anyone other than the defendants in civil rights, the person responsible for civil rights, and the insured party be involved in the claim.
Article No. 253
The person responsible for civil rights may intervene on his own initiative in the criminal proceedings at any stage they are in.
The public prosecutor and the civil rights plaintiff have the right to object to accepting his intervention.
Article No. 254
The victim, the civil claimant, and the person responsible for the civil rights must each designate a chosen domicile in the town where the court where the investigation is taking place is located, or designate a mobile phone number or email address to which they will be notified, and this must be done by filing a report with the court clerk.
If any of the persons referred to in the first paragraph of this article fails to provide the data as specified therein, or if the data is incomplete or incorrect, or if there is a change in the data provided and he does not notify the clerk, the declaration in the clerk's office shall be valid.
Article No. 255
A civil claim is not accepted unless court fees are paid and the deposit of the security determined by the Public Prosecution, the investigating judge, or the court that is hearing the criminal case, is made in consideration of the fees and expenses of experts, witnesses, and others.
Article No. 256
The accused, the person responsible for civil rights, and the public prosecutor may object during the session to the acceptance of the civil rights claimant if the civil claim is not permissible or inadmissible. The court shall decide on the objection after hearing the statements of the opposing parties.
Article No. 257
The decision issued by the Public Prosecution or the investigating judge not to accept the civil claimant does not prevent him from subsequently filing a civil claim before the criminal court, or from filing his claim before the civil court.
The court’s decision to accept the civil suit does not invalidate the proceedings in which the civil rights claimant did not participate before that.
The decision issued by the Public Prosecution or the investigating judge to accept the civil claimant does not bind the court before which the case is brought.
Article No. 258
A civil suit may be filed against the insurer to compensate for damages arising from the crime before the court that hears the criminal case.
All provisions relating to the person responsible for civil rights set forth in this law shall apply to the insured.
Article No. 259
The civil suit expires with the expiry of the period stipulated in the Civil Code. However, the civil suit arising from the crimes stipulated in the second paragraph of Article 17 of this Law shall not be expiry by prescription.
If the criminal case is dismissed after it has been filed for one of its own specific reasons, this has no effect on the progress of the civil case filed with it.
Article No. 260
The plaintiff in a civil suit may abandon his claim at any stage of the proceedings, and shall be obligated to pay the expenses incurred prior to that, without prejudice to the defendant's right to compensation if there is a basis for it.
This abandonment shall not affect the criminal case. However, if the case was brought by way of direct claim, then in the cases of abandoning the civil case and considering the plaintiff in the civil case as having abandoned his claim, the criminal case shall be abandoned unless the Public Prosecution requests a ruling on it.
The ruling to dismiss the criminal case entails the forfeiture of the plaintiff's right to file a civil claim for the same act before the criminal court.
Article No. 261
Failure of the plaintiff to appear before the court without an acceptable excuse after being notified in person, or his failure to send a representative on his behalf, as well as his failure to present requests at the session, is considered abandonment of the case.
Article No. 262
If the plaintiff in a civil suit abandons his claim before the criminal courts, he may file it before the civil courts unless he has declared that he has abandoned the right on which the suit was filed.
Article No. 263
If the civil rights claimant abandons his claim or is not accepted as a civil rights claimant, the person responsible for the civil rights shall be excluded from the claim if his entry into it was at the request of the claimant.
Article No. 264
If the person harmed by the crime files his claim for compensation with the civil court, and then the criminal case is filed, he may, if he leaves his claim before the civil court, file it with the criminal court along with the criminal case.
Article No. 265
If a civil suit is brought before the civil courts, the proceedings therein must be suspended until a final judgment is rendered in the criminal case filed before it was filed, or during its course.
However, if the criminal case is suspended due to the insanity of the accused, the civil case shall be decided.
Article No. 266
The procedures stipulated in this law shall be followed in adjudicating civil cases brought before criminal courts.
Article No. 267
The accused may demand from the civil claimant before the criminal court compensation for the damage he suffered as a result of the civil suit being filed against him, if there is a basis for that. He may also file a direct lawsuit against him for the same reason before the same court on the charge of false reporting, if there is a basis for that, by directly summoning him to appear before it. This summons may be dispensed with if the civil claimant attends the session and the accused directs the charge to him and accepts the trial.
Chapter Six
The case was reviewed and procedures were arranged during the session.
Article No. 268
The session must be public, but the court may, in consideration of public order or in the interest of morality, order that the entire case or part of it be heard in a closed session, or prohibit certain categories from attending it.
The proceedings of the sessions may not be transmitted or broadcast in any way except with the written consent of the head of the department after obtaining the opinion of the Public Prosecution.
Article No. 269
A member of the Public Prosecution must attend the criminal court sessions, and the court must hear his statements and decide on his requests.
Article No. 270
The accused attends the session without restraints or shackles, and the necessary observation is carried out on him.
He may not be removed from the session during the hearing of the case unless he causes a disturbance that warrants it. In this case, the proceedings shall continue until they can proceed in his presence, and the court shall inform him of the procedures that took place in his absence.
Article No. 271
The investigation begins in the session by calling out the opponents and witnesses. The accused is asked about his name, title, age, profession, place of residence and birth. The charge against him is read out in the referral order or the summons paper, as the case may be. Then the prosecution and the civil rights plaintiff, if any, submit their requests.
Then the accused is asked whether he confesses to committing the act attributed to him. If he confesses, the court may be satisfied with his confession and sentence him without hearing witnesses. Otherwise, the court shall hear the testimony of the prosecution witnesses. Questions shall be directed to the witnesses first by the Public Prosecution, then by the victim, then by the civil rights claimant, then by the accused, and then by the person responsible for civil rights.
Article No. 272
After hearing the testimony of the prosecution witnesses, the defense witnesses are heard and questioned by the accused first, then by the person responsible for civil rights, then by the Public Prosecution, then by the victim, then by the plaintiff in civil rights. The accused and the person responsible for civil rights may direct questions to the aforementioned witnesses a second time to clarify the facts they testified about in their answers to the questions directed to them.
Each of the litigants may request that the aforementioned witnesses be reheard in order to clarify or verify the facts about which they testified, or may request that other witnesses be heard for this purpose.
Article No. 273
The court may, at any stage of the proceedings, direct any question it deems necessary to the witnesses to reveal the truth, or authorize the litigants to do so.
She must prevent the witness from being asked questions that are unrelated to the case or inadmissible, and she must prevent the witness from saying anything, explicitly or implicitly, or making any gesture that might cause him to become confused or frightened.
It may refuse to hear witness testimony about facts that it deems sufficiently clear.
Article No. 274
The accused may not be questioned unless he consents.
If, during the pleading and discussion, some facts appear that require clarification from the accused in order to reveal the truth, the judge draws his attention to them and permits him to provide those clarifications.
If the accused refuses to answer, or if his statements in the session contradict his statements in the record of evidence collection or investigation, the court may order his first statements to be read.
Article No. 275
After hearing the testimony of the prosecution witnesses and the defense witnesses, the Public Prosecution, the accused, and each of the other parties in the case may speak.
In all cases, the accused is the last to speak.
The court may prevent the accused or his lawyer from continuing the argument if he deviates from the subject of the case or repeats his statements after being warned.
The court then issues its decision to close the pleadings, and then issues its ruling after deliberation.
Article No. 276
A record of what happens in the trial session must be made, and each page must be signed by the head of the court and its clerk no later than the following day.
This record includes the date of the session, indicating whether it was public or private, the names of the judges, the clerk, the public prosecutor present at the session, the names of the litigants and their defenders, the testimony of witnesses, the statements of the litigants, and it refers to the papers that were read and all the procedures that were carried out, and it records the requests that were submitted during the consideration of the case.
And what was decided in subsidiary matters, and the wording of the issued rulings, and other matters that take place in the session.
Article No. 277
Cases concerning children, women, the elderly, people with disabilities, and crimes stipulated in Chapters One, Two, Two bis, Three, Four and Fourteen of Book Two of the Penal Code, and crimes stipulated in Articles 302, 303, 306, 307, 308 of the Penal Code if committed by means of newspapers and Law No. 394 of 1954 concerning weapons and ammunition shall be judged expeditiously.
The accused shall be summoned to appear before the court in the cases specified in the first paragraph of this article, one full day before the session in misdemeanor cases and three full days in felony cases, excluding the distance times stipulated in the Civil and Commercial Procedures Law.
The announcement may be made by a bailiff or a public authority official.
The case is considered in a session held within two weeks from the day it is referred to the competent court. If the case is referred to a first-instance criminal court, the head of the competent Court of Appeal sets a session within the aforementioned period.
Chapter Seven
Witnesses and other evidence
Article No. 278
The witness shall be notified in person or at his place of residence in the manner prescribed in this law, or by mobile phone or email address with his national identification number.
The summons for the witness shall be announced at the request of the litigants by a bailiff or a public authority official, or by other means stipulated in the first paragraph of this article, twenty-four hours before the session, taking into account the distance times stipulated in the Civil and Commercial Procedures Law, except in the case of flagrante delicto, in which case his presence may be requested at any time, even orally, by a judicial officer or a public authority official.
Article No. 279
The witnesses are called by name, and after they answer, they remain in the room designated for them, and they do not leave it except in succession to give testimony before the court. Whoever has given testimony remains in the session hall until the closing of the pleadings, unless the court permits him to leave. It is permissible, when necessary, to remove a witness while another witness is being heard, and it is permissible for witnesses to confront each other.
Article No. 280
If a witness fails to appear before the court after being summoned, he may be sentenced, after hearing the statements of the Public Prosecution, to pay a fine not exceeding five hundred pounds in felonies and misdemeanors.
If the court deems his testimony necessary, it may postpone the case to re-summon him to appear, and it may issue a reasoned order for his arrest, detention, and appearance.
Article No. 281
If the witness appears after being summoned again or of his own accord and presents acceptable excuses, he may be exempted from the fine after hearing the statements of the Public Prosecution.
If the witness does not appear the next time, he may be fined no more than two thousand pounds, and the court may issue a reasoned order to arrest him or to apprehend him and bring him in at the same session, or at another session to which the case is adjourned.
Article No. 282
If the witness offers acceptable excuses for not being able to attend, the court may go to him and hear his testimony after notifying the Public Prosecution and the other parties. The parties may attend in person or through their representatives and may direct to the witness the questions they deem necessary to direct to him.
If the court turns to the witness and finds that the excuse is invalid, it may sentence him to imprisonment for a period not exceeding three months and a fine not exceeding two thousand pounds.
Article No. 283
If the witness does not appear before the court until the judgment in the case is issued, he may appeal the fine before the court that issued it, in a different panel, if a compelling reason prevented him from appearing to give his testimony.
Witnesses may appeal sentences of imprisonment or fines before the court that issued them, in a different panel.
Article No. 284
A witness who has reached the age of fifteen must swear the following oath before giving testimony: “I swear by Almighty God that I will testify to the truth.” The oath shall be according to the special conditions of his religion if he requests it.
It is permissible to hear the testimony of witnesses who have not reached the age of fifteen without taking an oath, as a means of evidence.
Article No. 285
If a witness refuses to take the oath or to answer in circumstances other than those permitted by law, he shall be sentenced in felony and misdemeanor cases to a fine not exceeding two thousand pounds.
If the witness changes his mind about refusing to testify before the closing of the pleadings, he shall be exempt from all or part of the penalty imposed on him.
Article No. 286
Witnesses may not be rejected for any reason.
Article No. 287
The accused may refuse to give testimony against his ascendants, descendants, relatives, in-laws up to the second degree, and his spouse, even after the end of the marital bond, unless the crime was committed against the witness or one of his closest relatives or in-laws, or if he was the one who reported it, or if there is no other evidence.
Article No. 288
Before criminal courts, the rules established in the law of evidence in civil and commercial matters apply to preventing a witness from giving testimony or to exempting him from giving it.
Article No. 289
The civil rights plaintiff is heard as a witness and takes an oath.
Article No. 290
The court may decide to read the testimony given in the preliminary investigation, in the record of evidence collection, or before the expert if it is impossible to hear the witness for any reason. If the defense insists on hearing the statements of the prosecution witness, and the court does not see a need for this, it must include in its ruling the reason for the refusal.
Article No. 291
If a witness decides that he no longer remembers a particular fact, the part of his testimony that he made during the investigation or of his statements in the record of evidence collection may be read aloud.
The same applies if the witness’s testimony given in the session contradicts his previous testimony or statements.
Article No. 292
The court may, even on its own initiative during the proceedings, order the presentation of any evidence it deems necessary to reveal the truth.
Article No. 293
The court may, either on its own initiative or at the request of the litigants, appoint one or more experts in the case.
Article No. 294
The court may, on its own initiative or at the request of the litigants, order the experts to be summoned to provide clarifications at the session regarding the reports submitted by them in the preliminary investigation or before the court.
Article No. 295
If evidence cannot be obtained before the court, it may appoint one of its members or another judge to obtain it.
Chapter Eight
Sub-claim forgery
Article No. 296
The Public Prosecution and all parties, at any stage of the proceedings, may challenge the authenticity of any document submitted in the case.
Article No. 297
The appeal is made by filing a report with the clerk of the court before which the case is being considered. The appeal is submitted by the opponent himself or his agent if he attaches to his appeal a power of attorney specific to the claim of forgery, or a notarized written declaration from the opponent indicating the documents being appealed.
The party alleging forgery must notify his opponent within eight days of the report by means of a memorandum specifying the document being challenged as forged and the evidence of its forgery.
Article No. 298
If the court before which the case is being considered sees a reason to proceed with the investigation of the forgery claim, and the resolution of the case before it depends on the contested document, the court shall investigate the matter itself. However, if it is unable to do so, it may refer the papers to the Public Prosecution, and in this case the case shall be suspended until the forgery claim is resolved.
If the court finds that the contested document is forged, it will decide on the case and refer the matter to the Public Prosecution to take its own measures.
In the absence of forgery, the court shall order the alleged forger to pay a fine not exceeding ten thousand pounds.
Article No. 299
Anyone who claims in bad faith that a document was forged before a court and a final ruling is issued declaring this claim false, the court issuing the final ruling declaring the claim of forgery false must refer the matter to the Public Prosecution to take its own measures regarding it.
The plaintiff shall be punished for forging the document with the penalty stipulated in the second paragraph of Article 303 of the Penal Code.
Article No. 300
If an official document is found to be forged, in whole or in part, the court that ruled on the forgery shall order it to be cancelled or corrected as appropriate, and a record shall be drawn up and marked on the document accordingly.
Chapter Nine
The ruling
Article No. 301
The court is not bound by what is recorded in the preliminary investigation or in the records of evidence collection, unless the law stipulates otherwise.
Article No. 302
The reports drawn up in violation cases are considered evidence of the facts established by the judicial officer until proven otherwise.
Article No. 303
The judge rules on the case according to the belief that he has formed in his full freedom, and he may not base his ruling on any evidence that was not presented to him in the session. Any statement that is proven to have been issued by one of the defendants or witnesses under duress or threat thereof is invalid and cannot be relied upon.
Article No. 304
The judgment shall be issued in open session, even if the case was considered in a closed session, and it must be recorded in the minutes of the session, and signed by the head of the court and the clerk.
The court may order the necessary measures to be taken to prevent the accused from leaving the courtroom before the verdict is pronounced, or to ensure his presence at the session to which the verdict is adjourned, even if this involves issuing a reasoned order for his detention if the incident is one in which detention is permissible Pretrial detention.
Article No. 305
If the incident is not proven or the law does not punish it, the court shall rule the accused innocent and release him if he was imprisoned for this incident alone.
If the incident is proven and is indeed punishable, the court shall impose the penalty stipulated in the law.
Article No. 306
If the District Court finds that the incident is a felony or a misdemeanor that occurs through newspapers or other means of publication against non-individuals, it shall rule that it lacks jurisdiction and refer it to the Public Prosecution to take the necessary action.
Article No. 307
The accused may not be punished for an incident other than that mentioned in the referral order or the summons, nor may a judgment be issued against anyone other than the accused against whom the lawsuit was filed.
If the court finds that the accused presented is not the perpetrator of the incident and that the real accused is known, it may refer the papers to the Public Prosecution to take its affairs towards the real accused without presenting them to it.
Article No. 308
The court may change in its ruling the legal description of the act attributed to the accused, and it may amend the charge by adding the aggravating circumstances that are proven from the investigation or from the pleading in the session, even if they were not mentioned in the referral order or the summons to attend.
It also has the authority to correct any material error and rectify any oversight in the wording of the accusation, whether in the referral order or in the summons.
The court must notify the accused of this change and grant him time to prepare his defense based on the new description or amendment if he requests it.
Article No. 309
Every judgment issued in a criminal case must decide on the compensations claimed by the civil claimant or the accused, as well as on the direct action brought by the accused against the civil claimant in accordance with Article 267 of this law.
However, if the court finds that deciding on compensation requires a special investigation which would entail postponing the decision on the criminal case, then the court shall refer the civil case to the competent court without expenses.
Article No. 310
The judgment must include the reasons on which it is based, and every conviction must include the data of the convicted person, including the national identification number, a statement of the incident warranting punishment and the circumstances in which it occurred, and refer to the text of the law under which the judgment was issued.
Article No. 311
The court must decide on the requests submitted to it by the litigants, and state the reasons on which it is based.
Article No. 312
The judgment, with its full reasons, shall be written within eight days of its issuance, if possible, and shall be signed by the head of the court and its clerk. If there is an impediment to the head, it shall be signed by one of the judges who participated with him in issuing it. If the judgment was issued by the Summary Court and the judge who issued it had prepared its reasons himself, whether in his own handwriting or by one of the electronic means, the head of the Court of First Instance may sign the original copy of the judgment himself or delegate one of the judges to sign it based on those reasons.
If the judge did not write the reasons himself, the ruling is invalid because it lacks reasons.
The signing of the judgment may not be delayed beyond the prescribed eight days except for compelling reasons. In any case, the judgment shall be nullified if thirty days have passed without the signing taking place, unless it was issued as an acquittal. The clerk of the court that issued the judgment shall, upon his request, give the concerned party a certificate stating that the judgment was not signed within the aforementioned period.
Article No. 313
The Public Prosecution is committed to publishing every final judgment of acquittal of a person who was previously detained pending trial, as well as every order issued that there is no basis for filing a criminal case against him, in two widely circulated daily newspapers at the expense of the government. In both cases, the publication shall be based on a request from the Public Prosecution, the accused, or one of his heirs, and with the approval of the Public Prosecution in the event that an order is issued that there is no basis for filing a case.
Chapter Ten
Expenses
Article No. 314
Every defendant convicted of a crime may be ordered to pay all or part of the expenses.
Article No. 315
If the appeal upholds the initial ruling, the appellant defendant may be ordered to pay all or some of the appeal expenses.
Article No. 316
The Court of Cassation may order the convicted defendant to pay all or part of the appeal costs if his request is not accepted or if it is rejected.
Article No. 317
If several defendants are convicted by a single judgment for a single crime, whether as perpetrators or accomplices, the expenses awarded shall be collected from them equally, unless the judgment orders that they be distributed among them otherwise, or obligates them to pay them jointly.
Article No. 318
If the accused is not ordered to pay all expenses, the judgment must specify the amount of those expenses to which he is ordered to pay.
Article No. 319
The plaintiff in a civil suit is obligated to pay the state the expenses of the lawsuit, and the assessment of expenses and the method of collecting them shall be in accordance with what is stated in the Judicial Fees Law and its regulations and decisions.
Article No. 320
If the accused is convicted of the crime, he must be ordered to pay the civil claimant the expenses he incurred. However, the court may reduce the amount if it deems some of these expenses unnecessary.
If the plaintiff in the civil suit is not awarded compensation, he shall bear the expenses incurred in entering the lawsuit. However, if he is awarded some of the compensation he requested, these expenses may be estimated at a percentage specified in the judgment.
Article No. 321
The person responsible for civil rights shall be treated as an accused with regard to the costs of the civil suit.
Article No. 322
If the accused is ordered to pay all or part of the criminal proceedings expenses, the person responsible for civil rights must also be obligated to pay what was ordered. In this case, the expenses ordered shall be collected from each of them jointly.
Chapter Eleven
Criminal orders
Article No. 323
In misdemeanor cases where the law does not require imprisonment, the Public Prosecution may, if it deems that the crime, according to its circumstances, warrants a fine in addition to supplementary penalties, compensation, restitution, and expenses, request the judge of the Summary Court, which has jurisdiction to hear the case, to impose the penalty on the accused by a criminal order issued based on the report of evidence collection or other evidence, without conducting an investigation or hearing arguments.
Article No. 324
The judge may, on his own initiative, when considering one of the misdemeanors specified in Article 323 of this law, issue a criminal order, if the accused fails to appear despite being notified, and the Public Prosecution has not requested the imposition of the maximum penalty.
Article No. 325
In a criminal matter, nothing shall be decided except the fine, supplementary penalties, compensation, restitution, and expenses. It may be decided by acquittal, dismissal of the civil suit, or suspension of the execution of the penalty.
Article No. 326
The judge will refuse to issue the order if he sees that:
Firstly, the case cannot be decided in its current state or without investigation or pleading.
Secondly, the incident, due to the defendant's prior record or for any other reason, warrants a more severe penalty than the fine that may be ordered.
The judge issues his decision of rejection by marking the written request submitted to him, and this decision may not be appealed.
The rejection decision entails returning the papers to the Public Prosecution to take the necessary action.
Article No. 327
Every member of the Public Prosecution Office, at least at the level of Deputy Prosecutor, in the court that has jurisdiction to hear the case, may issue the criminal order in misdemeanors for which the law does not require a sentence of imprisonment or a fine whose minimum limit exceeds twenty thousand pounds, in addition to supplementary penalties, compensations, restitution, and expenses.
It is not permissible to order anything other than a fine, the maximum limit of which does not exceed twenty thousand pounds, supplementary penalties, compensation, restitution, and expenses. Issuing a criminal order is mandatory in violations and in misdemeanors punishable by a fine only, the maximum limit of which does not exceed five thousand pounds, and which it is not deemed appropriate to preserve.
The Attorney General and the Head of the Public Prosecution, as the case may be, may, within fifteen days from the date of issuance of the criminal order, order its amendment or cancellation and the filing of the papers and the report in the case that there is no reason to file it or refer it to the competent court and proceed with the criminal case in the ordinary ways. The order may not be announced to the parties before the expiry of this period.
Article No. 328
The order must specify, in addition to what was stipulated, the full name of the accused, his national identification number or travel document number, his place of residence if he is a foreigner, the incident for which he was punished, and the article of law that was applied.
The order shall be announced in the form determined by the Minister of Justice to the accused and the civil rights claimant. The announcement may be made by a public authority official, and it may also be made via mobile phone or email address registered with the national identification number, as appropriate.
Article No. 329
The Public Prosecution may declare its non-acceptance of the criminal order issued by the judge, and the other parties may declare their non-acceptance of the order issued by the judge or the Public Prosecution. This shall be done by means of a report written by the clerks of the Court of Appeal for Misdemeanors in respect of the order issued by the judge in accordance with Article 324 of this Law, and by means of a report written by the clerks of the Court of Misdemeanors in other cases, all of this within ten days from the date of issuance of the order for the Public Prosecution, and from the date of its notification for the other parties.
The Attorney General may declare his non-acceptance of the order issued by the judge within thirty days from the time of issuance of the order, and he may decide non-acceptance in the clerk's office of the competent Court of Appeal for Misdemeanors.
This report results in the matter being dropped and considered as if it never happened.
The clerk shall specify the date on which the case is heard before the court, taking into account the deadlines stipulated in Article 229 of this law, and shall notify the litigants or their agents of the date of the specified session. This notification shall be considered as an announcement of its date, and the remaining litigants and witnesses shall be required to attend at the specified date.
If no objection is raised to the order in the aforementioned manner, it becomes final and enforceable.
The ruling issued in the criminal case shall not have any legal force before the civil courts.
Article No. 330
If the opponent who did not accept the criminal order attends the scheduled session, the case will be considered against him according to normal procedures.
If he does not attend, the matter regains its force and becomes final and enforceable.
In all cases, the objector must not be harmed by his objection.
Article No. 331
If there are multiple defendants and a criminal order is issued against them, and they decide not to accept it, and some of them attend on the day specified for the hearing of the case, and others do not attend, the case is heard in the usual ways for those who attend, and the order becomes final and enforceable for those who do not attend.
Article No. 332
If the accused claims, during the execution of the order, that his right to refuse the criminal order is still valid due to his not being notified of the order or for other reasons, or that a force majeure prevented him from attending the session scheduled to consider the case, or if another problem arises in the execution, the problem shall be submitted to the competent judge to decide on it without a pleading, unless he sees that it is not possible to decide on it in its current state or without an investigation or pleading, he shall set a day to consider the problem in accordance with the normal procedures, and the accused and the other parties shall be summoned to attend on the aforementioned day. If the problem is accepted, the trial shall be conducted in accordance with Article 330 of this law.
Chapter Twelve
aspects of invalidity
Article No. 333
Invalidity results from failure to observe the provisions of the law relating to any essential procedure.
Article No. 334
If the invalidity is due to non-compliance with the provisions of the law relating to the formation of the court, its jurisdiction to rule on the case, its competence in terms of the type of crime presented to it, personal freedom, the inviolability of the home, the freedom of private life, or anything else related to public order, it may be invoked at any stage of the case, and the court shall rule on it even without a request.
Article No. 335
In cases other than those referred to in Article 334 of this Law, the right to plead the invalidity of the procedures related to the collection of evidence, the preliminary investigation, or the investigation in session in misdemeanors and felonies shall lapse if the accused has a lawyer and the procedure was carried out in his presence without objection from him.
In cases of violations, the procedure is considered valid if the accused does not object to it.
Likewise, the right to plead invalidity is forfeited by the Public Prosecution if it does not assert it at the time.
Article No. 336
If the accused attends the session in person or through a representative, he may not claim that the summons is invalid, but he may request that the summons be corrected or that any deficiency in it be fulfilled, and that he be given a deadline to prepare his defense before the proceedings begin, and the court must grant his request.
Article No. 337
The judge may, even on his own initiative, correct any procedure that he finds to be invalid.
Article No. 338
If any procedure is deemed invalid, it covers all the effects that directly result from it, and it must be repeated whenever possible.
Article No. 339
If a material error occurs in a judgment or order issued by the investigating or trial authorities and it does not result in invalidity, the authority that issued the judgment or order shall correct the error on its own initiative or at the request of one of the litigants, after summoning them to attend.
The correction is decided in the consultation chamber after hearing the statements of the opposing parties, and the order issued is noted on the margin of the judgment or order.
This procedure is followed in correcting the defendant's name and title.
Chapter Thirteen
Defendants suffering from a mental or psychological disorder
Article No. 340
If the investigation of a felony or misdemeanor punishable by imprisonment for a period of not less than one year requires examining the state of the accused’s psychological or mental disorder and the extent of its effect on his perception and choice, the papers and the accused must be presented, at the request of the Public Prosecution or the investigating judge, as the case may be, to the summary judge, to order the accused to be placed under observation in one of the government mental health facilities, which is determined by a decision of the National Council for Mental Health, for a period or periods not exceeding forty-five days in total, and to task the competent Regional Council for Mental Health with assigning a three-member committee of psychiatrists registered with it to examine him, and to prepare a medical report that includes an assessment of his psychological and pathological state at the time of committing the crime, at the time of conducting the assessment, and the proposed treatment plan, if it is proven that he suffers from a psychological or mental disorder.
The court may extend the period of observation by one or more additional periods at the request of the competent Regional Mental Health Council, provided that the total period of observation in the facility does not exceed three months in all cases.
Article No. 341
The Public Prosecution, the accused, and any interested party may appeal the order of detention under observation referred to in Article 340 of this Law, or the decision to refuse to issue it or extend its period, by means of an appeal report submitted to the competent Public Prosecution within forty-eight hours from the date of its issuance. The appeal shall be considered before the Court of Misdemeanors Appeals convened in chambers, and it shall decide on it within seventy-two hours at most from the date of the report. The implementation of the order shall begin from the date of the expiry of the period prescribed for the appeal or the decision on it by the court.
The aforementioned deposit order is considered a pre-trial detention order, the duration of which must be deducted from the sentence imposed on the accused if he is found to be free from any psychological or mental disorder. The order ends by force of law upon the expiry of its term without extension, or from the day following the notification of the competent prosecution or the investigating judge, as the case may be, to prepare the psychological medical report for the accused, before the expiry of the period specified for detention. The competent prosecution or the investigating judge must order the temporary deposit of the accused in one of the government mental health facilities, which is determined by a decision of the National Council for Mental Health, if he is found to be suffering from a psychological or mental disorder, without his presence, until the papers are disposed of, or his pre-trial detention, or the extension of his pre-trial detention in accordance with the provisions of pre-trial detention stipulated in this law, or his release if he is found to be free from any psychological or mental disorder.
The order referred to in Article 340 of this law shall be issued by the court before which the case is pending, after hearing the statements of the Public Prosecution and the defender of the accused.
Article No. 342
In misdemeanors punishable by a fine only or imprisonment for a term of less than one year, and in violations, the Public Prosecution may appoint one of the psychiatrists registered in the records of the Regional Council for Mental Health to examine the accused and decide whether his condition requires compulsory admission to one of the mental health facilities, within a period not exceeding forty-eight hours. If it is proven that the accused suffers from a psychological or mental disorder, the Public Prosecution shall order his transfer to one of the mental health facilities, and take the procedures for his admission and treatment compulsorily in accordance with the regulations contained in the Law on the Care of the Mentally Ill issued by Law No. 71 of 2009, and the papers shall be disposed of in light of that.
Article No. 343
If the psychiatric medical report proves that the accused is unable to defend himself due to a psychological or mental disorder that occurred after the crime, the lawsuit against him or his trial shall be suspended until he regains his sanity.
In this case, the Misdemeanor Appeals Court, sitting in chambers, may, at the request of the Public Prosecution or the investigating judge, as the case may be, or the court before which the case is pending, if the incident is a felony or a misdemeanor punishable by imprisonment for a period of not less than one year, issue an order to place the accused in one of the government mental health facilities, which is determined by a decision of the National Council for Mental Health, to receive treatment and medical care until it is decided to release him. In all cases, the period of placement shall be deducted from the period of the sentence imposed.
Article No. 344
The suspension of criminal proceedings due to the accused suffering from a psychological or mental disorder does not prevent the taking of investigative measures that he deems urgent or necessary.
Article No. 345
If the psychiatric medical report proves that the accused suffers from a psychological or mental disorder that has reduced his awareness or choice without causing him to lose it, the court may order the convicted person to carry out the sentence imposed on him in one of the government mental health facilities designated by a decision of the National Council for Mental Health to receive the necessary treatment and care.
In all cases, the accused or convicted person may not be placed in public reform and rehabilitation centers or geographical reform centers if it is proven that he has a psychological or mental disorder that has deprived him of the ability to perceive or choose, or has diminished this ability, or if one of the cases of compulsory admission stipulated in the aforementioned Mental Patient Care Law is available to him until he is cured of it.
Article No. 346
If an order is issued that there is no basis for bringing a case or a judgment of acquittal is issued against the accused, and this is due to a psychological or mental disorder, the authority that issued the order or judgment shall order, if the incident is a felony or a misdemeanor punishable by imprisonment for a period of not less than one year, that he be placed in one of the government mental health facilities designated by a decision of the National Council for Mental Health. His release or order to be treated as a patient in accordance with the provisions of compulsory admission or his transfer to any other entity shall be upon the establishment of the stability of his psychological condition, with the continued need for care or to receive treatment or psychological support from the authority that issued the order or judgment, based on a recommendation from the committee formed by a decision of the National Council for Mental Health to examine the detainees, provided that in felonies punishable by the death penalty and life imprisonment, the accused may not be released except after the issuance of at least two recommendations from the aforementioned committee, with a period of at least three months between them.
Chapter Fourteen
Protecting victims suffering from a mental or psychological disorder and The victims are children.
Article No. 347
If a victim with a mental or psychological disorder is subjected to a felony or misdemeanor of crimes of assault against the person, the investigating authority may issue an order to temporarily place him in one of the mental health facilities to receive treatment and medical care, in accordance with the provisions of compulsory admission stipulated in the aforementioned Mental Patient Care Law.
Article No. 348
The competent investigating authority may, when questioning child victims in any crime, summon one of the child’s relatives, or one of the social workers, to attend the investigation proceedings.
The investigator may also record the statements of the victimized child audibly and visually, and the recording may be audible only, at the request of the child or the person who attends from his relatives, and this recording shall be kept by means of one of the digital storage media that shall be deposited in the case file.
Chapter Three
Criminal courts
Chapter One
The formation of criminal courts and the determination of their convening schedules
Article No. 349
In each Court of Appeal, one or more courts are formed to hear criminal cases, and each is composed of three of its judges, headed by at least one of the Vice-Presidents of the Court of Appeal.
One or more circuits of the Criminal Court, each headed by a judge of the Court of Appeal, shall be designated to consider the felonies stipulated in Chapters One, Two, Two bis, Three and Four of Book Two of the Penal Code, and the crimes related to those felonies, and these cases shall be decided expeditiously.
Article No. 350
In each Court of Appeal, one or more courts are formed to which appeals are made against judgments issued by the first instance criminal courts. Each court is composed of three of its judges, at least one of whom must be a president of the Court of Appeal, and the presidency of the court is held by the most senior of them.
Article No. 351
Each year, the General Assembly of each Court of Appeal, at the request of its president, determines which of its judges will be assigned to work in the Criminal Courts at both levels.
If an obstacle arises for one of the judges appointed to a session of the Criminal Court at both levels, he shall be replaced by another judge appointed by the President of the Court of Appeal of the same level.
Article No. 352
The Criminal Court, at both levels, shall convene in every region where there is a Court of First Instance. Its jurisdiction shall include what is included in the jurisdiction of the Court of First Instance. If necessary, the Criminal Court may convene in another place designated by the Minister of Justice upon the request of the President of the Court of Appeal.
When necessary, by decision of the General Assembly of the Court of Appeal or its delegate, the jurisdiction of the Court of Appeal of Criminal Matters may include what is included in more than one circuit of a Court of First Instance, and the decision in this case shall specify the place of its meeting.
Article No. 353
The Criminal Court, at both levels, convenes every month unless the President of the Court of Appeal issues a decision to the contrary.
Article No. 354
The opening date of each session is determined at least one month in advance by a decision of the President of the Court of Appeal.
Article No. 355
Each session has a schedule of the cases it considers, and the Criminal Court at both levels continues its sessions until the cases listed in the schedule are completed.
Article No. 356
In cases heard by the Court of Appeal of Criminal Cases, all the provisions and procedures established before the Courts of First Instance of Criminal Cases shall be followed.
Chapter Two
Procedures before criminal courts
Article No. 357
The accused and witnesses shall be summoned to appear before the Court of First Instance at least ten full days before the session.
In cases where the appeal is filed by the Public Prosecution, the accused shall be notified of the appeal and required to appear before the Court of Appeal at least ten full days before the session.
The court does not become involved in the case until the accused is notified of the referral order.
Article No. 358
Except in the case of an excuse or impediment that is proven to be valid, the lawyer, whether appointed by the accused or delegated by the Public Prosecution, the investigating judge, or the head of the Criminal Court at both levels, must defend the accused in the session or delegate another lawyer, otherwise he shall be sentenced by the Criminal Court at both levels to a fine not exceeding three hundred pounds, without prejudice to disciplinary accountability if there is a need for that.
The court may exempt him from the fine if it is proven to it that he was unable to attend the session in person or to appoint someone else to represent him.
Article No. 359
In cases where the accused is unable to appoint a lawyer to defend him, the court shall determine the fees to be paid from the public treasury to the lawyer appointed by the Public Prosecution, the investigating judge, or the head of the Criminal Court at both levels, as the case may be, as specified in its ruling issued in the case.
This assessment may be appealed to the court that issued the ruling on the assessment of fees.
Article No. 360
Only lawyers who are at least accepted to plead before the Court of First Instance shall be permitted to plead before the Courts of First Instance, and only lawyers who are at least accepted to plead before the Courts of Appeal shall be permitted to plead before the Courts of Appeal.
Article No. 361
Upon receiving the case file, the President of the Court of Appeal must determine which session it should be considered in, prepare a schedule of cases for each session, send copies of the case files to the judges assigned to the session to which they were referred, and order that the accused and witnesses be notified of the day set for the hearing of the case, taking into account the provisions of Article 357 of this law if the appeal is filed by the Public Prosecution.
If there are serious reasons to postpone the hearing of the case, the postponement should be to a specific day, whether in the same session or in a future session.
Article No. 362
The Public Prosecutor, the accused, the civil claimant, and the person responsible for them may all object to hearing the testimony of witnesses whose names have not been previously announced.
Article No. 363
Subject to the provisions of Article 124 of this Law, the Criminal Court at both levels may, in all cases, order the arrest, detention, and appearance of the accused, and may order his pretrial detention, and release him on bail.
Article No. 364
The Criminal Court at both levels shall follow all the provisions established for misdemeanors unless otherwise stipulated.
Article No. 365
The Criminal Court, at both levels, may not issue a death sentence except by unanimous agreement of its members. Before issuing this sentence, it must obtain the opinion of the Grand Mufti of the Republic, and the case papers must be sent to him. In all cases, he must send his opinion to the court before the session for pronouncing the sentence by a sufficient period. If his opinion does not reach the court before the date set for pronouncing the sentence, the court shall rule on the case.
In the event of the Mufti's position becoming vacant, or his absence, or if there is an impediment preventing him from performing his duties, the Minister of Justice shall appoint, by a decision from him, someone to take his place.
Article No. 366
The rulings of the Court of Appeal of Criminal Cases may only be challenged by way of cassation or reconsideration.
Article No. 367
If the Court of First Instance deems that the incident, as described in the referral order and before its investigation in the session, constitutes a misdemeanor, it may rule that it lacks jurisdiction and refer it to the Summary Court.
But if you only see that after investigation, then you will control it.
Article No. 368
If a misdemeanor related to a felony is referred to a first-instance criminal court, and it sees before investigating that there is no basis for this connection, it may separate the misdemeanor and refer it to the district court.
Chapter Three
Procedures followed in criminal cases
In the rights of the absent defendants
Article No. 369
If an order is issued to refer an accused person to a criminal court of first instance and he or his special representative does not attend on the day of the session after he has been legally notified of the referral order and the summons to attend, the court may rule in his absence, and it may postpone the case and order him to be summoned again to attend.
Without prejudice to the authority of the court stipulated in Article 363 of this law, the judgment shall be rendered in the presence of the accused or his special representative if he appears at the session.
Article No. 370
The referral order and the supporting documents for notifying the accused are read at the session. The Public Prosecution and the civil rights claimant, if any, present their statements and requests. The court hears witnesses if it deems it necessary, and then decides on the case.
Article No. 371
If the accused resides outside Egypt, the referral order and the summons shall be served on him at his place of residence, if known, at least one month before the session scheduled to hear the case, excluding travel time. If he does not appear after being notified, judgment may be rendered in his absence.
Article No. 372
Every conviction issued in the absence of the accused necessarily entails depriving him of the right to dispose of or manage his money or to file any lawsuit in his name, and every action or commitment undertaken by the convicted person shall be null and void, all without prejudice to the rights of good faith third parties.
The primary court in whose jurisdiction the convicted person’s funds are located shall appoint a custodian to manage them, based on a request from the Public Prosecution or any interested party. The court may require the custodian it appoints to provide a guarantee, and he shall be subject to it in all matters related to custodianship and the submission of accounts.
Article No. 373
The guardianship referred to in Article 372 of this law ends with the issuance of a judgment in the presence of the accused in the case or with the actual or legal death of the accused in accordance with the Personal Status Law. After the end of the guardianship, the guardian shall submit an account of his administration.
Article No. 374
All enforceable penalties are carried out in absentia.
Article No. 375
The judgment may be enforced with respect to compensation from the time of its issuance, and the civil claimant must provide a guarantee, unless the judgment stipulates otherwise or the Court of First Instance decides to exempt him from it.
The bail ends five years after the date of the ruling.
Article No. 376
A judgment issued in absentia in a felony case by the Criminal Court at both levels does not lapse with the passage of time, but rather the imposed penalty lapses, and the judgment becomes final upon its lapse.
Article No. 377
If the person convicted in absentia from the Criminal Court of its two levels appears, or is arrested, or his special representative appears and requests a retrial before the penalty expires due to the passage of time, the President of the Court of Appeal shall determine the nearest session for reconsidering the case. If the person convicted in absentia or his special representative fails to attend the session determined for reconsidering the case, the judgment against him shall be considered to be in effect.
If the person convicted in absentia appears again before the penalty expires due to the passage of time and requests a retrial, the head of the Court of Appeal shall set the earliest session for reconsidering the case. If the convicted person or his special representative fails to appear at the session set for reconsidering the case or at a subsequent session without an excuse, the court shall appoint a lawyer to defend him and decide the case with a judgment that does not allow for retrial, and it may be appealed by way of appeal or cassation, as the case may be, in accordance with the provisions of Articles 366 and 403 of this law.
In all cases, the arrested person shall be brought in custody at the session scheduled for the reconsideration of the case, and the court may order his release or continue his pretrial detention until the case is concluded. The court may not increase the sentence beyond what was decided in the default judgment.
The court that issued the judgment is competent to review the proceedings in absentia judgments, provided that if a first-instance criminal court issues an in absentia judgment of conviction, even if it includes compensation, and it is appealed, and the appellate criminal court issues an in absentia judgment confirming or amending it, the first-instance criminal court remains competent to review the proceedings in it.
If the previous default judgment regarding compensation has been executed, the court shall order the return of all or part of the amounts received.
If the convicted person dies in his absence, the judgment regarding compensation is repeated in the presence of the heirs.
Article No. 378
The absence of one defendant does not delay the judgment in the case with respect to the other defendants with him.
Article No. 379
If the accused is absent in a misdemeanor case brought before the Court of First Instance, the procedures followed before the Court of Misdemeanors shall be applied to him, and the judgment issued therein shall be subject to objection.
Book Three
Methods of appealing judgments
Chapter One
opposition
Article No. 380
Objections to default judgments issued in misdemeanor cases are accepted from the accused or from the person responsible for civil rights within ten days following his notification of the default judgment, excluding the time limit for distance stipulated in the Civil and Commercial Procedures Law. This notification may be in summary form on a model issued by a decision of the Minister of Justice. In all cases, notification to the administrative authority is not considered.
However, if the judgment was not announced to the accused person, the deadline for him to object to the imposed penalty begins from the day he learns of the announcement, and the objection is permissible until the case is dismissed by the passage of time.
Judgments in absentia and those considered to be in the presence of the parties may be announced by a public authority official, in the cases stipulated in the last paragraph of Article 62 of this law.
Article No. 381
Objections are accepted in judgments considered to be in the presence of the parties in the cases referred to in Articles 237 and 239 of this law if the convicted person proves the existence of an excuse that prevented him from attending, and he was unable to present it before the judgment, and his appeal was not permissible.
In all cases, no objection is accepted against judgments considered to be in the presence of the accused if the accused was notified by the summons and it was delivered to him personally, or if he was present when the case was called and then left the session, or if he or his representative attended any of the trial sessions and then failed to attend the remaining sessions until the date of the judgment.
Article No. 382
The civil rights claimant is not permitted to object.
Article No. 383
The opposition is obtained by filing a report with the clerk of the court that issued the ruling, which establishes the date of the session scheduled for its consideration. This is considered notification to it, even if the report is from an agent. The Public Prosecution must instruct the remaining parties in the case to attend and notify the witnesses for the aforementioned session.
Article No. 384
The objection entails a reconsideration of the case with respect to the objector before the court that issued the ruling, and the objector may not be harmed in any way based on the objection he filed.
However, if the opponent or his representative does not attend any of the sessions scheduled to consider the case, the opposition shall be considered as if it never happened, and the court may in this case impose on him a procedural fine not exceeding one thousand pounds, and it may order the temporary enforcement even if an appeal has been filed with respect to the awarded compensations, as stipulated in Article 440 of this law.
The opponent may not object to the ruling issued in his absence, and in this case the court may impose on him a procedural fine of no less than fifty pounds and no more than two hundred pounds.
Chapter Two
Appeal
Chapter One
Appeal of misdemeanors
Article No. 385
Both the accused and the Public Prosecution have the right to appeal the judgments issued in the criminal case by the District Court in misdemeanor matters.
An appeal may not be filed against a judgment issued in a misdemeanor punishable by a fine not exceeding five thousand pounds, in addition to restitution and expenses, except for a violation of the law, an error in its application or interpretation, or for an invalidity in the judgment or in the procedures that affected the judgment.
Article No. 386
Judgments issued in a civil case by the Summary Court in misdemeanors may be appealed by the plaintiff in civil rights and by the person responsible for them or the accused with respect to civil rights only if the compensations requested exceed the limit in which the Summary Judge rules definitively.
Article No. 387
The judgment issued in crimes related to the provisions of Article 32 of the Penal Code may be appealed, even if the appeal is only permissible for the appellant with respect to some of these crimes.
Article No. 388
It is not permissible to appeal preparatory and preliminary rulings issued on subsidiary matters before the subject matter of the case is decided, and appealing the ruling issued on the subject matter necessarily entails appealing these rulings.
All judgments issued on the grounds of lack of jurisdiction, and judgments issued on the grounds of jurisdiction if the court does not have the authority to rule on the case, may be appealed.
Article No. 389
The appeal is made by filing a report with the clerk of the court that issued the judgment within ten days from the date of pronouncement of the judgment in person, or the announcement of the judgment in absentia, or from the date of the judgment issued in opposition in cases where this is permissible.
The Attorney General may appeal within thirty days from the date of the ruling, and he may decide to appeal at the clerk's office of the court competent to hear the appeal.
Article No. 390
Judgments issued in the absence of the accused and considered as if issued in his presence, according to the provisions of Articles 237, 238, and 239 of this law, the appeal period for the accused begins from the date he is notified of them.
Article No. 391
The clerk of the appeal specifies in the appeal report the date of the session scheduled for its consideration, and this is considered a notification of it even if the report is from an agent. This date shall not be before the passage of three full days, and the Public Prosecution shall instruct the other parties to attend.
In all cases, the appellant must follow up on his appeal until a judgment is issued.
Article No. 392
If one of the parties appeals within the prescribed ten-day period, the appeal period for the remaining parties who have the right to appeal is extended by five days from the date of expiry of the aforementioned ten days.
Article No. 393
The appeal is submitted to the primary court located in the jurisdiction of the court that issued the ruling, and is presented within a maximum of twenty days to the circuit competent to consider appeals in misdemeanor matters.
If the accused is detained, the Public Prosecution must transfer him in a timely manner to the reform and rehabilitation center in the area where the Court of First Instance is located, and the appeal shall be considered expeditiously.
Article No. 394
One of the members of the panel responsible for ruling on the appeal shall prepare a report signed by him. This report must include a summary of the facts of the case, its circumstances, the evidence for and against, and all the subsidiary issues that were raised and the procedures that were carried out.
After this report is read, before the author of the report or the other members express an opinion on the case, the appellant's statements and the grounds on which his appeal is based are heard. Then the other parties speak, and the accused is the last to speak.
The court then issues its ruling after reviewing the documents.
Article No. 395
An appeal filed by a person sentenced to an enforceable custodial sentence shall be dropped if he does not submit to the execution of the sentence before the session in which the case is heard.
However, when considering the appeal, the court may order the temporary suspension of the sentence or the release of the convicted person on bail or otherwise, until the appeal is decided.
Article No. 396
The Court of Appeal itself, or through a judge it appoints for that purpose, shall hear the witnesses who should have been heard before the court of first instance, whenever it deems it necessary to decide the case, and it may fill in any other deficiency in the investigation procedures.
In all cases, she may order whatever she deems necessary to complete an investigation or hear witnesses.
No witness may be summoned to appear unless ordered to do so by the court.
Article No. 397
If the Court of Appeal finds that the incident is a felony, or that it is a misdemeanor that occurs through newspapers or other means of publication against non-individuals, it shall rule that it lacks jurisdiction and refer the case to the Public Prosecution to take the necessary action.
Article No. 398
If the judgment awarding compensation is cancelled, and it had been provisionally enforced, the compensation shall be refunded based on the cancellation judgment.
Article No. 399
If the appeal is filed by the Public Prosecution, the court may uphold, overturn, or amend the ruling, whether against the accused or in his favor.
The imposed penalty may not be increased, nor may the acquittal verdict be overturned, except by unanimous agreement of the judges of the court.
If the appeal is filed by someone other than the Public Prosecution, the court may only uphold the ruling or amend it in favor of the appellant. If it rules that the appeal is invalid, unacceptable, inadmissible, or rejected, it may impose a fine on the appellant not exceeding one thousand pounds.
Article No. 400
In cases of default judgments and objections thereto before the Court of Appeal, the same procedures apply as before the courts of first instance.
Article No. 401
Objections to default judgments issued by the Court of Appeal are not accepted unless the appeal was decided by the Public Prosecution or the civil rights claimant and the opponent or his representative did not attend the trial session despite being notified of the appeal, and the opponent presented an excuse that the court accepted that prevented him from attending.
In all cases, an appeal will not be accepted if the opponent is notified by the summons and it is delivered to him personally, or if he attends when the case is called and then leaves the session, or if he or his representative attends any of the trial sessions and then fails to attend the remaining sessions until the date of the judgment.
Article No. 402
If the court of first instance rules on the matter, and the appellate court finds that there is a defect in the proceedings or in the ruling, it corrects the defect and rules on the case.
If the court rules that it lacks jurisdiction or accepts a subsidiary plea that would prevent the proceedings from continuing, and the appellate court rules to overturn the ruling and affirms the court's jurisdiction or rejects the subsidiary plea and orders the case to be heard, it must return the case to the court of first instance to rule on its merits.
Chapter Two
Appeals against criminal court rulings
Article No. 403
Both the Public Prosecution and the accused may appeal the judgments issued in the presence of the accused by the Court of First Instance.
Article No. 404
Judgments issued in a civil case by the Court of First Instance may be appealed by the plaintiff in the civil case, the person responsible for it, or the accused, with respect to the civil rights only, if the compensations requested exceed the limit that the Court of First Instance rules on definitively.
Article No. 405
The Public Prosecution may appeal default judgments issued in felony cases.
Article No. 406
The review and adjudication of the appeal shall follow all the provisions established for appeals in misdemeanor cases, unless the law stipulates otherwise.
Article No. 407
The appeal is made by filing a report with the clerk of the court that issued the ruling, within forty days from the date of issuance of the ruling.
If it is submitted by the Public Prosecution, the report must be signed by at least a public prosecutor.
If the appeal is filed by the State Cases Authority, the report must be signed by at least one of its advisors.
The Attorney General may appeal the ruling within sixty days from the date of its issuance, and he may decide to appeal at the clerk's office of the court competent to hear the appeal.
Article No. 408
The court clerk shall submit the appeal report and the case file to the head of the Court of Appeal immediately after the deadline for submitting the reasons for the judgment issued therein has passed, after the appeal has been included in a schedule prepared for that purpose. The head of the court shall set a session to consider it, and shall order that the accused be notified and the other parties be informed of it.
Article No. 409
The Court of Appeal sends copies of case files and judgments issued therein to the appointed judges, to consider the appeal well in advance of the hearing date.
Article No. 410
The court hears the statements of the appellant, the grounds on which he bases his appeal, and his defenses and arguments, as well as the statements of the other parties, provided that the accused is the last to speak.
Article No. 411
If the appeal is filed by the convicted person, and he or his special representative fails to attend the session scheduled for considering the appeal, or any subsequent session, the court shall postpone consideration of the appeal once. If he or his special representative fails to attend, the court shall appoint a lawyer to defend him, and decide on the appeal with a ruling that does not allow for retrial, and the provisions of Article 366 of this law shall apply to it.
Article No. 412
If the death penalty was issued in the presence of the defendant, and it was not appealed within the legally prescribed period, the Public Prosecution must follow the provisions of Article 46 of the Law on Cases and Procedures of Appeal before the Court of Cassation issued by Law No. 57 of 1959.
Article No. 413
Appealing a judgment issued by a first-instance criminal court does not entail suspending the execution of the judgment, unless the appellate criminal court decides to suspend the execution or if the judgment was issued for the death penalty.
Chapter Three
review
Article No. 414
A request for reconsideration of final judgments imposing penalties in felony and misdemeanor cases may be made in the following circumstances:
1 - If the accused is convicted of murder, and then the person he allegedly killed is found alive.
2 - If a judgment is issued against a person for an incident, and then another judgment is issued against a person for the same incident, and there is a contradiction between the two judgments such that the innocence of one of the convicted persons can be inferred from it.
3 - If a witness or expert is sentenced to punishment for perjury in accordance with the provisions of Chapter Six of Book Three of the Penal Code, or if a document submitted during the proceedings is found to be forged, and the testimony, expert report, or document had an effect on the judgment.
4 - If the ruling is based on a ruling issued by a civil court or one of the family courts, and this ruling is overturned.
5 - If facts occur or appear after the verdict, or if documents are presented that were not known at the time of the trial, and these facts or documents would prove the innocence of the convicted person.
Article No. 415
In the cases stipulated in clauses 1, 2, 3, and 4 of Article 414 of this Law, the Attorney General, the convicted person, his special agent, or his legal representative if he is incapacitated or missing, or his relatives or his spouse after his death, each have the right to request a review.
If the student is not the Public Prosecution, he must submit the request to the Attorney General with a petition in which he explains the ruling that is required to be reconsidered, and the grounds on which it is based, and attaches supporting documents to it.
The Attorney General submits the request, whether submitted by him or by someone else, along with the investigations he has deemed necessary to conduct, to the Court of Cassation with a report stating his opinion and the reasons on which it is based.
The application must be submitted to the court within three months of its submission.
Article No. 416
In the case stipulated in Clause 5 of Article 414 of this Law, the right to request reconsideration belongs to the Attorney General alone, whether on his own initiative or at the request of the concerned parties. If he sees merit in it, he shall submit it, along with the investigations that he has deemed necessary, to a committee formed of one of the judges of the Court of Cassation and two of the judges of the Court of Appeal, each of whom shall be appointed by the General Assembly of the court to which he belongs. The request must specify the incident or document on which it is based.
The committee decides on the request after reviewing the documents and completing what it deems necessary in terms of investigation, and orders its referral to the Court of Cassation if it deems it acceptable.
No appeal may be accepted in any way against the decision issued by the Attorney General or against the order issued by the aforementioned committee regarding the acceptance or rejection of the application.
Article No. 417
The Public Prosecutor shall not accept a request for reconsideration from the accused or his replacement in the cases stipulated in Clauses 1, 2, 3, and 4 of Article 414 of this Law unless the applicant deposits with the Court of Cassation a guarantee of five thousand pounds, allocated to pay the fine stipulated in Article 422 of this Law, unless he has been exempted from depositing it by a decision of the Judicial Aid Committee of the Court of Cassation.
Article No. 418
The Public Prosecution shall notify the parties of the session scheduled for considering the request before the Court of Cassation at least eight full days before it is held.
Article No. 419
The Court of Cassation decides on the request after hearing the statements of the Public Prosecution and the litigants, and after conducting what it deems necessary of investigation itself or through whomever it appoints for that purpose. If it sees fit to accept the request, it rules to cancel the judgment and acquits the accused if the acquittal is apparent. Otherwise, it refers the case to the court that issued the judgment, formed of other judges, to decide on its subject matter unless it sees fit to conduct that itself.
However, if it is not possible to retry, as in the case of the death of the convicted person, or the person suffering from a psychological or mental disorder, or the expiration of the criminal case due to the passage of time, the Court of Cassation considers the subject of the case, and only cancels what appears to it to be wrong in the judgment.
Article No. 420
If the convicted person dies and the request was not submitted by a relative or spouse, the court shall consider the case in the presence of whomever it designates to defend his reputation, and this shall be as much as possible from among the relatives. In this case, it shall rule, when necessary, to erase what harms this reputation.
Article No. 421
A request for reconsideration does not suspend the execution of the sentence unless it is a death sentence.
Article No. 422
If the applicant for reconsideration is not the Attorney General in the cases stipulated in Clauses 1, 2, 3, and 4 of Article 414 of this Law, he shall be sentenced to a fine not exceeding five thousand pounds if his request is not accepted.
Article No. 423
Every acquittal issued based on reconsideration must be published at the expense of the state in the Official Gazette at the request of the Public Prosecution and in two newspapers designated by the concerned party.
Article No. 424
The annulment of the judgment based on reconsideration entails the forfeiture of the judgment for compensation, and the obligation to return what was executed from it without prejudice to the rules of forfeiture of the right by the passage of time.
Article No. 425
If a request for reconsideration is rejected, it may not be renewed based on the same facts on which it was based.
Article No. 426
Judgments issued in the subject matter of a lawsuit based on a review by a court other than the Court of Cassation may be appealed by all means prescribed in the law.
The accused may not be sentenced to a more severe punishment than the one previously imposed upon him.
Chapter Four
The force of final judgments
Article No. 427
The criminal case against the accused and the facts attributed to him ends with the issuance of a final judgment of acquittal or conviction.
If a judgment is issued in a criminal case, it may not be reconsidered except by appealing this judgment through the methods prescribed by law.
Article No. 428
A criminal case may not be reopened after a final judgment has been issued, based on the emergence of new evidence, new circumstances, or a change in the legal description of the crime.
Article No. 429
A criminal judgment issued by the criminal court in a criminal case, whether acquitting or convicting, has the force of res judicata before civil courts in cases that have not been definitively decided with regard to the occurrence of the crime, its legal characterization, and its attribution to its perpetrator. A judgment of acquittal has this force whether it is based on the absence of the charge or on the insufficiency of evidence, and it does not have this force if it is based on the fact that the act is not punishable by law.
Article No. 430
Judgments issued by civil courts do not have the force of res judicata before criminal courts with regard to the occurrence of the crime, its legal description, and its attribution to its perpetrator.
Article No. 431
Judgments issued by family courts within their jurisdiction shall have the force of res judicata before criminal courts in matters upon which the resolution of the criminal case depends.
Book Four
Implementation
Chapter One
Judgments that must be enforced
Article No. 432
The penalties prescribed by law for any crime may only be imposed pursuant to a ruling issued by a competent court.
Article No. 433
Judgments issued by criminal courts shall not be enforced until they become final, unless the law stipulates otherwise.
Article No. 434
The execution of judgments issued in criminal cases shall be based on a request from the Public Prosecution in accordance with what is stipulated in this law.
The judgments issued in the civil case shall be executed upon the request of the plaintiff in the civil rights case, in accordance with what is stipulated in the Code of Civil and Commercial Procedure.
Article No. 435
The Public Prosecution shall proceed to implement the enforceable judgments issued in the criminal case, and it may, when necessary, resort to coercive force.
Article No. 436
Judgments imposing fines and expenses are to be executed immediately, even if an appeal is filed against them. The same applies to judgments imposing imprisonment for theft or against a repeat offender, or one who does not have a fixed place of residence in Egypt. The same applies in other cases if the judgment is for imprisonment, unless the defendant provides a guarantee that if he does not appeal the judgment, he will not flee from its execution when the appeal deadlines expire, and that if he appeals, he will attend the session and will not flee from the execution of the judgment issued. Every judgment issued with a penalty of imprisonment in these cases shall specify the amount of the guarantee that must be provided.
If the accused is in pretrial detention, the court may order the execution of the sentence on a temporary basis.
When awarding compensation to the civil claimant, the court may order provisional enforcement, even if an appeal has been filed, as stipulated in Article 440 of this law.
Article No. 437
The accessory penalties restricting freedom imposed with the prison sentence shall be carried out if the prison sentence is carried out, in accordance with Article 436 of this Law.
Article No. 438
The accused who is in pretrial detention shall be released immediately if the judgment is an acquittal, or if it is a sentence of another penalty that does not require imprisonment, or if the judgment orders the suspension of the sentence, or if the accused has spent the term of the sentence imposed in pretrial detention.
Article No. 439
In cases other than those stipulated in this chapter, execution shall be suspended during the period prescribed for appeal in Article 389 of this Law and during the consideration of the appeal that is filed within the aforementioned period.
Article No. 440
The sentence imposed in absentia may be enforced if the convicted person does not object to it within the period specified in the first paragraph of Article 380 of this law.
When ruling on compensation for the civil claimant, the court may order temporary enforcement with the provision of a guarantee, even if there is an objection or appeal regarding all or part of the amount awarded, and it may exempt the party in whose favor the judgment was issued from the guarantee.
Article No. 441
The court may, when sentencing in absentia to imprisonment for a period of one year or more, if the accused does not have a specific place of residence in Egypt, or if a pretrial detention order has been issued against him, order his arrest and imprisonment at the request of the Public Prosecution.
The accused shall be detained upon arrest in execution of this order until a ruling is issued on the objection he raises, or until the deadline set for it expires. Under no circumstances may he remain in detention for a period exceeding the period stipulated, unless the court to which the objection is raised decides to release him before ruling on it.
Article No. 442
Subject to the provisions of Articles 36 bis and 41 of Law No. 57 of 1959 referred to above, an appeal by way of cassation shall not result in a stay of execution unless the sentence is death.
Chapter Two
Execution of the death penalty
Article No. 443
Once the death sentence becomes final, the Minister of Justice must immediately submit the case file to the President of the Republic.
The sentence will be carried out if no pardon or commutation of the penalty is issued within fourteen days.
Article No. 444
The person sentenced to death is placed in a reform and rehabilitation center based on an order issued by the Public Prosecution on the form decided by the Minister of Justice until the sentence is carried out.
Article No. 445
Relatives of a person sentenced to death may meet with him on the day before the day set for the execution of the sentence, provided that this is far from the place of execution, and the administration of the correctional center must notify them of this.
If the religion of the condemned person requires him to confess or perform other religious duties before death, the necessary arrangements must be made to enable a clergyman to meet with him.
Article No. 446
The death penalty shall be carried out inside the Reform and Rehabilitation Center, or in another hidden place, based on a written request from the Attorney General to the Assistant Minister for the Community Protection Sector, indicating that the procedures stipulated in Article 443 of this Law have been fulfilled.
The administration of the correctional facilities must notify the Ministry of Interior and the Attorney General of the date and time specified for implementation.
Article No. 447
The execution of the death penalty must be carried out in the presence of a member of the Public Prosecution, a representative from the Community Protection Sector, a representative from the Ministry of Interior, the director of the Reform and Rehabilitation Center, the doctor of the Reform Center, and another doctor appointed by the Public Prosecution. No one other than those mentioned may attend the execution except with special permission from the Public Prosecution. The defense attorney of the condemned person must always be permitted to attend.
The death sentence must be read aloud, along with the charge for which the condemned person was sentenced, at the place of execution in the presence of those present. If the condemned person wishes to make a statement, the public prosecutor shall record it.
Upon completion of the execution, the member of the Public Prosecution shall draw up a report thereof, and shall record in it the doctor’s certificate of death and the time of its occurrence.
Article No. 448
The death penalty may not be carried out on official holidays or holidays specific to the religion of the condemned person.
Article No. 449
The execution of the death penalty on a pregnant woman is suspended until two years after she gives birth.
Article No. 450
The body of the person sentenced to death shall be handed over to his family if they request it and the administrative authority agrees. The burial must be without ceremony. If none of them come forward to receive it within twenty-four hours, it shall be deposited in the nearest place to the correctional center prepared for storing bodies. If none of them come forward to receive it within seven days from the date of deposit, it shall be handed over to one of the university authorities.
Chapter Three
Implementation of sentences restricting freedom
Article No. 451
Sentences imposing penalties restricting freedom are carried out in reform and rehabilitation centers prepared for this purpose, pursuant to an order issued by the Public Prosecution on the form determined by the Minister of Justice.
Article No. 452
Every person sentenced to simple imprisonment for a period not exceeding six months may request the Public Prosecution, instead of executing the imprisonment sentence against him, to obligate him to work for the public benefit outside the reform and rehabilitation center, in accordance with what is stipulated in Chapter Five of this book, unless the judgment stipulates that he is deprived of that.
Article No. 453
The day on which the execution begins is counted as part of the sentence, and the convict is released the day after the sentence ends at the time specified for the release of inmates.
Article No. 454
If the period of imprisonment imposed on the accused is twenty-four hours, its execution ends on the day following his arrest at the time specified for the release of inmates.
Article No. 455
The period of the sentence restricting freedom begins from the day of the arrest of the convicted person based on the judgment that must be executed, taking into account its reduction by the amount of the period of pretrial detention, the period of arrest, and the other periods that are legally stipulated to be deducted.
Article No. 456
If the accused is acquitted of the crime for which he was held in pretrial detention, the period of detention must be deducted from the sentence imposed for any other crime he may have committed or been investigated for during his pretrial detention.
Article No. 457
The period of pretrial detention and the period of arrest, when multiple penalties restricting freedom are imposed on the accused, shall be deducted from the lightest penalty first.
Article No. 458
If a woman sentenced to a custodial sentence is in her sixth month of pregnancy, the execution of the sentence may be postponed until she gives birth and two years have passed since the birth.
If the execution is deemed to be carried out on the convicted woman, or if it appears during the execution that she is pregnant, she must be treated in the reform and rehabilitation center as a person held in pretrial detention until she gives birth and forty days have passed since the delivery.
Article No. 459
If a person sentenced to a custodial sentence is suffering from an illness that, by itself or due to the execution of the sentence, threatens his life, the execution of the sentence may be postponed.
Article No. 460
Without prejudice to the provisions of Article 345 of this Law, if a person sentenced to a custodial sentence develops a psychological or mental disorder before being admitted to a correctional and rehabilitation center or during the execution of the sentence, the Public Prosecution shall appoint a three-member committee of psychiatrists registered with the National Council for Mental Health to prepare a medical report that includes an assessment of his psychological and medical condition and the proposed treatment plan if he is found to have a psychological or mental disorder. The period of admission for the medical assessment shall be deducted from the term of the sentence imposed, and the execution of the sentence shall be temporarily postponed until he recovers, with a psychiatric medical examination to be conducted on him every six months to determine whether he has recovered or not. The Public Prosecution may order his admission to receive treatment in one of the government mental health facilities designated by a decision of the National Council for Mental Health. In this case, the period of admission spent by the convicted person shall be deducted from the term of the sentence imposed, and starting from the date specified for the completion of the execution of the sentence, the admitted convicted person shall be treated as a patient in accordance with the provisions of compulsory admission stipulated in the aforementioned Law on the Care of the Mentally Ill.
Article No. 461
If a man and his wife are sentenced to imprisonment for a period not exceeding one year, even if for different crimes and they have not been imprisoned before, the execution of the sentence on one of them may be postponed until the other is released, provided that they are the guardians of a minor who has not reached fifteen years of age, and they have a known place of residence in Egypt.
Article No. 462
In cases where the execution of the sentence on the convicted person may be postponed, the Public Prosecution may request him to provide a guarantee that he will not flee from execution when the reason for the postponement ceases to exist. The amount of the guarantee is estimated in the order issued for postponement.
It also has the right to stipulate, for the postponement of execution, whatever precautions it deems necessary to prevent the convicted person from escaping.
Article No. 463
Except in the cases specified in the law, a convicted inmate may not be released before he has completed the term of his sentence.
Chapter Four
Execution of the awarded amounts
Article No. 464
When settling the amounts due to the state for fines, restitution, compensation, and expenses, and before implementing them, the Public Prosecution must notify the convicted person of the amount of these amounts, unless they are specified in the judgment.
Article No. 465
The amounts due to the state may be collected by the methods stipulated in the Civil and Commercial Procedures Law or by the administrative methods stipulated for the collection of public funds.
Article No. 466
If the accused does not pay the amounts due to the state, the Public Prosecution shall issue an order compelling him to perform work for the public benefit in accordance with the provisions of Chapter Five of this book.
Article No. 467
If a fine, restitution, compensation, and expenses are imposed together, and the convicted person's assets are insufficient to cover all of that, then what is obtained from it must be distributed among the rightful heirs according to the following order:
First, the expenses owed to the state.
Secondly, the amounts due to the civil plaintiff.
Thirdly, the fine and what the government is entitled to in return and compensation.
Article No. 468
If a person is detained pending trial and sentenced only to a fine, fifty pounds must be deducted from the fine for each day of pretrial detention. If the person is sentenced to both imprisonment and a fine, and the time spent in pretrial detention exceeds the term of imprisonment imposed, the aforementioned amount must be deducted from the fine for each day of excess time.
Article No. 469
A member of the Public Prosecution, at least at the level of Chief Prosecutor in the jurisdiction where the execution is taking place, may, in exceptional circumstances, grant the accused, upon his request, a grace period to pay the amounts due to the State or authorize him to pay them in installments, provided that the period does not exceed twelve months. The order issued to accept or reject the request may not be appealed.
If the accused is late in paying an installment, the remaining installments become due, and the Public Prosecution member may retract the order issued by him if he finds a reason to do so.
Chapter Five
Obligation to perform work for the public benefit
Article No. 470
The convicted person may be obliged to perform public benefit work to collect the sums resulting from the crime that were awarded to the state against the perpetrator of the crime, by employing him in public benefit work at a rate of one day for every fifty pounds or less.
In cases of violations, the duration of this work may not exceed seven days for the fine, and seven days for expenses, reimbursements, and compensations.
In misdemeanor and felony cases, the duration of this work may not exceed three months for the fine, and three months for expenses, restitution, and compensation.
Article No. 471
It is not permissible to enforce community service against those convicted who were under fifteen years of age at the time of committing the crime, as well as those convicted with a suspended sentence.
Article No. 472
The provisions of Articles 458, 459, 460, and 461 of this Law shall apply to enforcement by way of obligation to perform work for the public benefit.
Article No. 473
The execution shall be based on the total amounts awarded if there are multiple judgments and they are all issued in violations, misdemeanors or felonies. In this case, the period of work for the public benefit shall not exceed twice the maximum limit in misdemeanors and felonies, nor twenty-one days in violations.
If the crimes are of different types, the maximum penalty prescribed for each is taken into account.
In all cases, the period of work for the public benefit shall not exceed six months for fines, and six months for expenses, reimbursements, and compensations.
Article No. 474
If the crimes for which a judgment was issued are different, the amounts paid or obtained by way of enforcement against the property of the convicted person are deducted first from the amounts awarded in felonies, then in misdemeanors, and then in violations.
Article No. 475
The obligation to perform work for the public benefit shall be carried out by order issued by the Public Prosecution on the form prepared for this purpose, after notifying the accused in accordance with Article 464 of this Law, and after he has spent all the periods of the imposed custodial sentences.
A decision from the Attorney General, in coordination with the relevant authorities, shall be issued specifying the model and types of work that the convicted person may be obliged to perform for the public benefit, and the administrative bodies in which these work shall be decided.
Article No. 476
The obligation to perform work for the public benefit ends when the amount equivalent to the period the convicted person spent working for the public benefit, calculated according to what is stipulated in this chapter, becomes equal to the amount originally required, after deducting what the convicted person has paid or obtained from him through execution on his property.
Article No. 477
The convicted person shall not be absolved of the fine, expenses, restitution, and compensation by performing the obligation to work for the public benefit, except by considering fifty pounds for each day.
Article No. 478
If the convicted person does not carry out the judgment issued for compensation to non-state parties after being notified to pay, the misdemeanor court in whose jurisdiction his residence is located may, if it is proven to it that he is able to pay, and it orders him to do so and he does not comply, rule to obligate him to work for the public benefit. The period of this work may not exceed three months, and nothing shall be deducted from the compensation for this work in this case, and the lawsuit shall be filed by the party in whose favor the judgment was issued in the usual ways.
Chapter Six
The problem lies in the implementation.
Article No. 479
Any objection raised by the convicted person regarding the execution shall be referred to the Criminal Court at both levels if the judgment was issued by it, and to the Misdemeanor Appeals Court in all other cases. Jurisdiction in both instances shall be vested in the court that has local jurisdiction to hear the case in which the execution of the judgment is being challenged.
Article No. 480
The objection is submitted to the court by the Public Prosecutor's Office as a matter of urgency. The parties concerned are notified of the hearing date, and the court decides the matter in chambers after hearing from the Public Prosecutor's Office and the parties concerned. The court may conduct any investigations it deems necessary, and in all cases, it may order a stay of execution until the dispute is resolved.
The Public Prosecution may, when necessary and before submitting the objection to the court, temporarily suspend the execution of the judgment.
Article No. 481
Without prejudice to the court’s right to order the appellant to appear in person, an agent may appear on behalf of the appellant, and in all cases the court may issue its decision in the absence of the appellant.
The court that is considering the objection may not be dismissed.
If the same person raises another objection without serious reasons, the court shall reject it, and it may fine the objector an amount of five hundred pounds.
The issue is not one of the procedures that result in the suspension or interruption of the period of the penalty's expiry.
Article No. 482
If a dispute arises concerning the identity of the convicted person, that dispute shall be resolved in the manner and according to the procedures stipulated in Articles 480 and 481 of this Law.
If the court finds that the person who filed the objection is not the one concerned by the ruling, it orders his release and refers the papers to the Public Prosecution to take its affairs towards the real person convicted.
Article No. 483
In the event of the execution of financial judgments on the assets of the convicted person, if a dispute arises from someone other than the accused regarding the assets to be executed on, the matter shall be referred to the civil court in accordance with what is stipulated in the Civil and Commercial Procedures Law.
This excludes the case of a third party acting in good faith objecting to a ruling to confiscate his funds, in which case the court that issued the contested ruling will consider it.
Chapter Seven
The penalty lapses upon the passage of time.
And the death of the condemned
Article No. 484
The penalty imposed for a felony expires after twenty years, except for the death penalty, which expires after thirty years.
The penalty imposed for a misdemeanor is dropped after five years.
The penalty imposed for a violation is dropped after two years.
Article No. 485
The period for the lapse of the penalty begins from the time the judgment becomes final, unless the penalty was imposed in absentia by the Criminal Court at its two levels in a felony, in which case the period begins from the day the judgment was issued.
Article No. 486
The period for the lapse of the penalty is interrupted by the arrest of the person convicted of a penalty restricting freedom, and by any enforcement procedure taken against him or that comes to his attention.
The period is also interrupted in cases other than misdemeanors if the convicted person commits during it a crime of the same type as the crime for which he was convicted or similar to it.
Article No. 487
The expiry of the period of statute of limitations shall be suspended by any impediment that prevents the execution of the sentence, whether it is legal or material, and the presence of the convicted person abroad shall be considered an impediment that suspends the expiry of the period.
Article No. 488
The provisions regarding the statute of limitations in civil law apply to compensation, restitution, and court-ordered expenses. However, enforcement through community service is not permitted after the statute of limitations has expired.
Article No. 489
Subject to the provisions of paragraph two of Article 148 of this Law, if the convicted person dies after being sentenced by a final judgment, the financial penalties, compensations, restitution, and expenses shall be executed from his estate.
Chapter Eight
rehabilitation
Article No. 490
Rehabilitation may be granted to any person convicted of a felony or misdemeanor, and the judgment to that effect shall be issued by the First Instance Criminal Court to which the place of residence of the convicted person belongs, based on his request.
Article No. 491
The following conditions must be met for a judgment to be issued:
Firstly, the punishment must have been fully carried out, or a pardon issued, or it must have lapsed due to the passage of time.
Secondly, six years must have passed since the execution of the sentence or the issuance of a pardon if it was a felony, or three years if it was a misdemeanor. These periods are doubled in cases of recidivism and when the sentence is extinguished by the statute of limitations.
Article No. 492
The period required for rehabilitation, if the convicted person was placed under police supervision after the expiry of the original sentence, begins from the day on which the supervision period ends.
If the convicted person has been released on condition, this period shall only begin from the date scheduled for the expiry of the sentence or from the date on which the conditional release becomes final.
Article No. 493
For a judgment of rehabilitation to be issued, the convicted person must pay all fines, restitution, compensation, or expenses imposed upon him. The court may waive this if the convicted person proves that he is unable to pay.
If the person entitled to compensation, restitution, or expenses is not found, or refuses to pay
Regarding its acceptance, the convicted party must deposit it in accordance with what is stipulated in the Code of Civil and Commercial Procedure, and he may retrieve it if five years have passed and the party in whose favor the judgment was issued has not requested it.
If the convicted person was convicted jointly, it is sufficient for him to pay his personal share of the debt. If necessary, the court will determine the specific share he must pay.
Article No. 494
In the event of a conviction for bankruptcy, the student must prove that he has obtained a judgment restoring his commercial reputation.
Article No. 495
If the student has been convicted of several offenses, he shall not be granted a pardon unless the conditions stipulated in this chapter are met for each of them, provided that the calculation of the period is based on the most recent of the offenses.
Article No. 496
The application for rehabilitation is submitted by petition to the Public Prosecution, and it must include the necessary data to identify the applicant’s identity, and it must state the date of the judgment issued against him and the places where he has resided since his release.
Article No. 497
The Public Prosecution conducts an investigation into the request to ascertain the date of the student's residence in each place he stayed from the time of his conviction and the duration of that residence, and to ascertain his conduct and means of livelihood. In general, it investigates all the information it deems necessary, attaches the investigation to the request, and submits it to the court within three months of its submission with a report stating its opinion and the reasons upon which it is based. The following are attached to the request:
1. A copy of the ruling issued against the student.
2. Criminal record certificate.
3. A report on his behavior while he was in the correctional and rehabilitation center.
Article No. 498
The court considers the request and decides on it in chambers. It may hear the statements of the Public Prosecution and the applicant, and it may also obtain all the information it deems necessary.
The student must be notified of the session at least eight days in advance.
An appeal against a ruling is only admissible through cassation due to an error in the application of the law.
Or in its interpretation, and follow in the appeal the procedures and deadlines set for appealing by way of cassation of judgments.
Article No. 499
The court rules on the restoration of rights, when its conditions are met, and it finds that the student’s behavior since the issuance of the judgment against him inspires confidence in his self-correction.
Article No. 500
The Public Prosecution sends a copy of the judgment of rehabilitation to the court that issued the sentence, to be noted in its margin, and orders that it be noted in the criminal record.
Article No. 501
The convicted person may only be granted rehabilitation once.
Article No. 502
If a request for rehabilitation is rejected due to the conduct of the convicted person, it may not be renewed until two years have passed from the date of rejection. In other cases, it may be renewed whenever the necessary conditions for rehabilitation are met.
Article No. 503
The judgment of rehabilitation may be revoked if it appears that the convicted person has other judgments against him that the court was unaware of, or if he is convicted after rehabilitation of a crime that occurred before him.
In this case, the ruling is issued by the court that granted the restoration of rights based on a request from the Public Prosecution.
Article No. 504
Rehabilitation is granted by operation of law if, within the following periods, no sentence is issued against the convicted person for a felony or misdemeanor that is recorded in his criminal record:
Firstly, with regard to the person convicted of a felony or a misdemeanor for the crime of theft, concealing stolen goods, fraud, breach of trust, forgery, or attempting these crimes and the crimes stipulated in Articles 355, 356, 367, 368 of the Penal Code, when twelve years have passed since the execution of the sentence, its pardon, or its lapse due to the passage of time.
Secondly, with regard to a person convicted of a misdemeanor in crimes other than those mentioned in this article, when six years have passed since the execution of the sentence or the pardon, unless the judgment considered the convicted person a repeat offender or the sentence had lapsed due to the passage of time, in which case the period shall be twelve years.
Article No. 505
If several judgments have been issued against the convicted person, his reputation shall not be restored by operation of law unless the conditions stipulated in Article 504 of this law are met for each of them, provided that the period is calculated based on the most recent judgment.
Article No. 506
Rehabilitation entails erasing the conviction for the future and eliminating all resulting incapacity, deprivation of rights, and other criminal consequences.
Article No. 507
The restoration of rights may not be invoked against third parties with respect to the rights that accrue to them from the conviction, particularly with regard to restitution and compensation.
Book Five
International judicial cooperation in criminal matters
Article No. 508
Without prejudice to the provisions of the multilateral or bilateral agreements in force to which the Arab Republic of Egypt is a party, and with due regard to the principle of reciprocity, the provisions of this book shall be applied with respect to international judicial cooperation in criminal matters, and the general rules shall apply to all matters not specifically addressed in this book and in a manner that does not conflict with its provisions.
The Military Judiciary Authority is responsible for considering all requests for international judicial cooperation that fall within its jurisdiction, and the Military Prosecution shall exercise the powers assigned to the Public Prosecution in accordance with the provisions of this book.
Article No. 509
The Egyptian judicial authorities cooperate with their foreign counterparts in combating and prosecuting crimes in all their forms through requests for judicial assistance, extradition of criminals and items, recovery of funds or assets, transfer of convicts, and other forms of international judicial cooperation in criminal matters.
Article No. 510
Egyptian and foreign judicial authorities may request that the necessary legal measures be taken to track, seize, freeze, manage, or confiscate the funds, assets, or objects that are the subject of the crime or its proceeds, or to enforce final criminal judgments to recover or confiscate the funds, assets, or objects obtained from the crimes or their proceeds, without prejudice to the rights of bona fide third parties.
Article No. 511
Requests for international judicial cooperation in criminal matters received from foreign judicial authorities are sent via diplomatic channels to the Ministry of Justice, including a summary of the incident, and the type and subject of the request translated into Arabic.
The application must be accompanied by supporting documents.
The Ministry of Justice shall verify the availability of the conditions stated in the first paragraph of this article, and may take either of the following two actions:
First: The application shall be rejected if it becomes clear that the conditions mentioned are not met, while notifying the requesting party of the reasons for rejection through diplomatic channels.
Second: Referring applications that meet the aforementioned conditions to the Public Prosecution to carry out its affairs in accordance with the provisions of this book.
Article No. 512
The Ministry of Justice sends requests for international judicial cooperation in criminal matters, which are directed from the Public Prosecution to foreign judicial authorities, through diplomatic channels.
Article No. 513
The Public Prosecution may issue a reasoned order to arrest the person wanted for extradition based on a request from the foreign judicial authority, and the Ministry of Interior may arrest the person wanted for extradition based on an arrest warrant issued by a foreign judicial authority in accordance with the rules regulating the work of the Arab and International Criminal Police Department Interpol Cairo.
Anyone arrested pursuant to the first paragraph of this article shall be brought before the Public Prosecution within twenty-four hours of his arrest, which shall initiate investigation procedures with him regarding the charge attributed to him and stated in the request, in the presence of his lawyer, with the application of the provisions of Articles 105 and 112 of this law.
A member of the Public Prosecution, at least at the level of Chief Prosecutor, may order the pre-trial detention of the person sought for extradition for a period or successive periods, each not exceeding fifteen days, provided that the total period does not exceed sixty days, until the extradition request is received and decided upon. The detention order, its justification, its extensions, and the appeal against it are subject to the provisions of this law.
The Attorney General or his designee may include the person required to be extradited on the lists of those prohibited from traveling or place his name on the arrival watch lists in accordance with the procedures stipulated in this law.
Article No. 514
Extradition is not permitted in any of the following cases:
1 - If the person to be extradited is of Egyptian nationality, the foreign judicial authority may submit a request to try him, accompanied by the investigations conducted by the requesting state and the documents. The foreign judicial authority must be notified of the outcome of the criminal case and provided with a copy of the final disposition within an appropriate time period.
2 - If the crime that is the subject of the extradition request is not punishable under the provisions of Egyptian law.
3 - If the Egyptian judicial authorities have jurisdiction over the crime for which extradition is requested.
4 - If the crime in question is a political crime or a crime related to it.
5 - If the crime for which extradition is requested is limited to breach of military duties.
6 - If the extradition request is intended to punish a person for reasons related to his ethnic or religious affiliation, his nationality, or his political opinions, or if the availability of any of these reasons would harm the position of the person whose extradition is sought.
7 - If a final judgment of acquittal or conviction is issued in the crime for which extradition is sought in the Arab Republic of Egypt or in another country, and the imposed penalty is executed.
8 - If the criminal case has expired, or the imposed penalty has lapsed due to the passage of time, in accordance with Egyptian law or the law of the requesting state in force at the time of receiving the extradition request.
9 - If a general pardon is issued for the crime for which extradition is requested, or a pardon is issued for the sentence imposed on the person whose extradition is requested, or for the remaining period thereof, or the sentence is replaced or reduced to another sentence that does not meet the conditions required for extradition according to Egyptian law or the law of the requesting state.
10- If the guarantees of a fair trial and human rights are not available to the person whose extradition is sought in the requesting state.
11- If one of the cases of immunity stipulated by the international agreements in force in the Arab Republic of Egypt or in accordance with what is established in international customs is available.
12- If the extradition request conflicts with the requirements of preserving sovereignty, national security, or public order.
13- If the person to be handed over is a political refugee.
Article No. 515
The Public Prosecutor or his delegate issues a reasoned decision on the extradition request. Anyone against whom an extradition decision has been issued may appeal it before the Misdemeanor Appeals Court of Abdeen or the Military Court of Misdemeanor Appeals in Cairo, as the case may be, by filing a report of the appeal with the court clerk within a period not exceeding seven days from the date of being notified of the decision. The report specifies a session to consider and decide on the appeal within a period not exceeding seven days. The report of the appeal is considered notification of the specified session, even if the report is from an agent. The appeal is decided by a reasoned decision that is not subject to appeal. The extradition decision is not executed except after the appeal is decided or its deadlines have passed.
Article No. 516
The Public Prosecution may request the foreign judicial authority to hand over the accused or convicted person. In the event of refusal to hand over the person, it may request that he be tried in accordance with the law of the requested country. The Public Prosecution may issue a reasoned order to arrest the person whose extradition is requested, and the period of his detention abroad shall be considered a period of pretrial detention for the purpose of applying the rules for the execution of the sentence.
Article No. 517
The Public Prosecutor, or whoever he authorizes, may, at the request of the requesting party and in accordance with the conditions agreed upon, authorize the entry into the country of things whose possession is a crime, or the proceeds of a crime, or an instrument in its commission, or their transit out of the country, without seizing them, or replacing them wholly or partially, under the supervision of the competent Egyptian authorities, whenever this would lead to identifying the destination of those things or arresting the perpetrators and what they possess.
The permission referred to in the first paragraph of this article may not be issued if its implementation would harm the security or sovereignty of the State, public order, public morals, or conflict with the requirements of national security.
Article No. 518
The following conditions must be met in order to grant a request for judicial assistance submitted by a foreign judicial authority:
1- The request for judicial assistance must relate to a crime punishable in the requesting state, and fall within the jurisdiction of its judicial authorities, even if it is a crime listed under another description.
2 - The judicial assistance must be related to the initiation of judicial proceedings in a criminal case pending before the foreign judicial authority.
3 - The execution of the request for judicial assistance must not harm the security or sovereignty of the state, public order, public morals, or conflict with the requirements of national security.
Article No. 519
The Public Prosecutor's Office may refuse a request for legal aid in the following cases:
1 - If the crime that is the subject of the request for judicial assistance is not punishable according to the provisions of Egyptian law.
2 - If the crime that is the subject of the request for judicial assistance is a political crime or a crime related to it.
3 - If the crime that is the subject of the request for judicial assistance is limited to breach of military duties.
4 - If the request for legal assistance is intended to punish a person for reasons related to his ethnic or religious affiliation, his nationality, or his political opinions, or if the availability of any of these reasons would harm his legal status.
5 - If the Egyptian judicial authorities have jurisdiction over the crime for which judicial assistance is requested.
6 - If the execution of the request for judicial assistance conflicts with the principle that a person may not be tried for the same crime more than once.
7 - If the criminal case has expired, or the imposed penalty has lapsed due to the passage of time, in accordance with Egyptian law or the law of the requesting country in force at the time of receiving the request for judicial assistance.
8 - If the execution of the request for judicial assistance falls outside the jurisdiction of the Egyptian judicial authorities.
Article No. 520
The Attorney General or his delegate issues a decision on the request for judicial assistance submitted by foreign judicial authorities, and if approved, it is implemented promptly.
Article No. 521
Notwithstanding the provisions of this book, the President of the Republic may, upon the recommendation of the Attorney General and with the approval of the Cabinet, approve the extradition of accused persons and the transfer of convicts to their countries, in order to try them or to carry out the sentence imposed on them, as the case may be, whenever the supreme interest of the State so requires.
Book Six
Various rulings
Chapter One
Protection of victims, witnesses, defendants, and informants
Article No. 522
Without prejudice to the international agreements to which the Arab Republic of Egypt is a party, the provisions of this chapter shall apply with regard to the protection of victims, witnesses, accused persons and informants when necessary.
Article No. 523
With the permission of the Public Prosecution or the competent investigating judge, a witness may take the police station to which his place of residence or his place of work as his address.
Article No. 524
In cases where hearing the statements of any person would endanger his life, safety, or the life of a member of his family, the court of jurisdiction, the public prosecutor, or the investigating judge may, at the request of that person or one of the judicial officers, order that his statements be heard with the mention of data that does not reveal his identity, provided that a sub-file is created for the case that includes a determination of his identity and his real data.
Article No. 525
In cases where disclosing a person's identity is indispensable for exercising the rights of defense, the accused or their representative may appeal the order issued by the Attorney General or the investigating judge to conceal their data before the Court of First Instance, sitting in chambers, within ten days from the date of being confronted with the content of this testimony. The court shall rule on the appeal.
After hearing from the concerned parties, a final and reasoned decision will be issued, without prejudice to the right of the court of jurisdiction to cancel this order, or to summon this person to hear his statements.
Article No. 526
During the trial, the accused may request to confront or discuss with the person whose data has been ordered to be concealed, without revealing his identity, all in accordance with the remote investigation and trial procedures stipulated in this law.
Article No. 527
Without prejudice to any more severe penalty stipulated in any other law, anyone who provides any information about the person whose identity is to be concealed shall be punished by imprisonment and a fine of no less than fifty thousand pounds, or by one of these two penalties. The penalty shall be aggravated imprisonment if the crime is committed in execution of a terrorist purpose. In all cases, the penalty shall be death or life imprisonment if the act results in the death of a person.
Chapter Two
Compensation for imprisonment
Article No. 528
Anyone who has been held in pretrial detention is entitled to compensation in the following cases:
1- If the incident under accusation is punishable by a fine, or a misdemeanor punishable by imprisonment for a period of less than one year, and the accused has a fixed and known place of residence in the Arab Republic of Egypt.
2- If a final order is issued stating that there is no basis for filing a criminal case due to the invalidity of the incident.
3- If a final judgment is issued acquitting him of all the charges against him based on the fact that the incident is not punishable, or is incorrect, or any other reasons other than cases of invalidity or doubt about the validity of the accusation or reasons of permissibility or exemption from punishment, or pardon, or lack of responsibility.
The provisions of clause 3 of the first paragraph of this article shall apply to the entitlement to compensation for a person who has served a sentence of deprivation of liberty, and a final judgment has been issued to cancel the sentence under which it was served.
In all cases, the State Treasury shall bear the compensations referred to in this article, provided that the claimant for compensation has not been detained in custody, or has served a sentence restricting freedom in connection with a case or other cases for a period similar to or exceeding the period of detention in custody or the execution of the sentence for which compensation is being requested.
Article No. 529
The claim for compensation referred to in Article 528 of this Law shall be filed in the usual manner for filing lawsuits, and the rules stipulated in the Civil and Commercial Procedure Law shall be followed in its procedures, judgment and appeal.
Chapter Three
Remote investigation and trial procedures
Article No. 530
Without prejudice to the rules, dates, time limits and other litigation procedures stipulated in this law, the provisions of this chapter shall apply to remote investigation and trial procedures using modern audio and visual communication means and technologies, all in a manner that ensures the provisions of confidentiality of investigations, attendance, publicity, oral pleading and confrontation between adversaries contained in this law.
Article No. 531
The competent investigative or judicial authority, as the case may be, may conduct all or some of the investigation or trial procedures remotely with the accused, witnesses, victims, experts, civil claimants, and those responsible for them, as stipulated.
In this law.
It may take such actions with regard to considering, extending, and granting provisional release, and appealing its orders.
It has the authority, as appropriate, to decide to prevent the disclosure of the true identity of witnesses by all appropriate modern means and technologies of communication during their statements, all in compliance with the provisions of Article 525 of this Law.
Article No. 532
Without prejudice to the provisions of the Child Law, procedures may be taken remotely with children, and the competent investigation and trial authority may exempt the child from appearing before it, and be satisfied with reviewing the recordings of those procedures if it deems that his interest requires it.
Article No. 533
The competent investigating or trial authority, as the case may be, must notify the parties of the date and place of the investigation or trial session that will be held remotely, provided that the place has been prepared and equipped for remote investigation and trial procedures in accordance with the provisions of Article 537 of this Law.
Article No. 534
The competent investigation and trial authorities may take whatever measures they deem appropriate to record and preserve all procedures carried out through modern remote communication methods and technologies, transcribe them into minutes, and may seek the assistance of an expert in this regard, and file the case.
The public prosecutor, the investigating judge, the head of the department, and the clerk each place their signature on each page without the need for the signature of any of the accused, witnesses, experts, translators, or any other signature.
Article No. 535
The accused may, at the first session at any level of litigation, object to his failure to appear in person before the competent court, and it must decide on the objection by accepting or rejecting it.
Article No. 536
The accused attends the session without restraints or shackles, and the necessary observation is carried out on him.
The defendant’s lawyer has the right to meet with him, to be present with him at his location, and to conduct the investigation and trial remotely.
In all cases, the accused and his lawyer must not be separated during these proceedings.
Article No. 537
The Ministry of Justice, in cooperation and coordination with the Ministry of Interior and other relevant authorities and ministries, is preparing the halls and communication devices required to carry out investigation and trial procedures remotely using modern communication methods and technologies in the competent authorities, in penal institutions, reform and rehabilitation centers, and other relevant departments, and providing the necessary technical assistance for this.
Chapter Four
General Provisions
Article No. 538
The Military Prosecutor and the Military Prosecution, within their respective jurisdictions, shall have the same powers and authorities as those granted to the Attorney General and the Public Prosecution in this Law.
Article No. 539
All periods specified in this law are calculated according to the Gregorian calendar.
Article No. 540
The sub-bar associations or the general association if the sub-bar association does not exist or if there is an impediment, shall coordinate with the head of the competent primary court at the beginning of each judicial year and whenever the need arises to prepare lists of a sufficient number of lawyers to be registered in a special register established for this purpose at the competent primary court, in which all their data shall be recorded, and the head of the primary court shall send an official copy of it to the courts and prosecutions that fall within the jurisdiction of the primary court for assignment from among them before the investigation or trial authorities as the case may be.
Article No. 541
The procedures stipulated in this chapter shall be followed if the original copy of the judgment is lost before its execution, or if all or some of the investigation papers are lost before a decision is issued.
Article No. 542
If an official copy of the ruling is found, it serves as the original copy.
If the official copy of the ruling is in the possession of a person or entity, the Public Prosecution shall obtain an order from the head of the court that issued the ruling to hand it over, and whoever took it may request that a copy be handed over to him without expenses.
Article No. 543
Loss of the original copy of the judgment does not entail a retrial, provided that the avenues of appeal against the judgment have been exhausted.
Article No. 544
If the case is pending before the Court of Cassation and it is not possible to obtain an official copy of the judgment, the court shall order a retrial when all the procedures prescribed for the appeal have been completed.
Article No. 545
If all or some of the investigation documents are lost before a decision is issued, the investigation into the lost documents is reopened.
If the case is brought before the court, it undertakes whatever investigation it deems necessary, and it may send the papers to the Public Prosecution or the investigating judge, as the case may be, to reinvestigate what has been lost of its papers if it sees a reason to do so.
Article No. 546
If all or some of the investigation papers are lost, and the judgment exists and the case is pending before the Court of Cassation, the procedures shall not be repeated unless the court deems it necessary.
ليست هناك تعليقات:
إرسال تعليق