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الأربعاء، 26 نوفمبر 2025

Key points of the new Criminal Procedures Law No. 174 of 2025

The new Code of Criminal Procedure, No. 174 of 2025, was issued and published in the Official Gazette, Issue No. 45 bis D, on November 12, 2025. Its most prominent provisions include:

1 - It shall be effective from the first of October following the date of its publication. ( Article 6 Issuance ) This is to allow for community dialogue about it and to study its provisions, and to enable those responsible for its enforcement, including judges, public prosecutors, judicial officers, and lawyers, to become familiar with the new provisions, as well as to prepare the litigation logistics that its application may require, such as telephone advertising centers.

2 - The law allowed for the first time reconciliation in crimes punishable by death, namely premeditated murder with prior intent or planning, and the combination, association, and participation in any of them ( Article 22 ). Reconciliation in this case results in reducing the penalty in accordance with the provisions of Article 17 of the Penal Code.


3 - The judicial officer is obligated to record the national identification data of the accused immediately upon determining his identity ( Article 27 ). This resolves the issue of error in the identity of the accused and similarity of names, and contributes to the speed of justice and the proper implementation of judgments.

4 - The accused has the right to remain silent upon arrest, and he may not be tortured, intimidated, or coerced. Any statement 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 37 )

5 - The judicial officer must inform the accused of his rights in writing, and enable him to contact his family and his lawyer. ( Article 41 ).


6 - The text stipulates the inviolability of homes, so it is not permissible to enter them, search them, monitor them or eavesdrop on them, except by a reasoned judicial order that specifies the place, time and purpose of it, and the person in the home must be notified when it is entered or searched, and informed of the order issued in this regard ( Article 47 ).


7 - The right to obtain an interpreter ( Article 66 )


8   - The accused and the victim must provide a mobile phone number or email address for notification. ( Article 72 )


9 -   The right of the litigants to obtain copies of documents of any kind after the investigations have concluded ( Article 74 )


10 - Requiring the permission of the partial judge to monitor social media accounts and applications and their various contents not available to everyone, email, text, audio or video messages on phones or devices or any other technological means, and to seize the media containing them ( Article 80 ), as well as requiring the permission of the partial judge to monitor communications from a mobile phone, or any website, or any other technological means ( Article 81 ).


11 - Prohibition of recording communications between the accused, his lawyer and the expert consultant ( Article 82 )


12 - Announcing the witnesses by mobile phone or email ( Article 88 , 278)


13 - Raising the age of testimony to 15 years, according to the special circumstances of the witness’s religion, if requested ( Article 91 , 284).


14 – The public prosecutor must enable the accused to contact his family and his lawyer after informing him of his right to remain silent, while ensuring that necessary assistance is provided to persons with disabilities and the elderly. ( Article 104 )


15 - Every order from the Public Prosecution must include the name, title, profession, place of residence, national identification number or travel document number and domicile if he is a foreigner ( Article 108 ).


16 - Increasing the number of alternative measures to pretrial detention, including  the use of technical means to track the accused   ( Article 114 )


17 - The matter shall be presented to the Public Prosecutor every 3 months that pass from the date of the accused's pretrial detention or extension thereof, in order for him to take the measures he deems necessary to conclude the investigation. (Article 123).


18 - With the amendment of the maximum period of pretrial detention, it shall 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 execution (Article 124).


19 - The requirement that the released defendant designate a chosen domicile, mobile phone number or email address (Article 126)


20 - Allowing the payment of bail for the release of the accused by one of the non-cash payment methods stipulated in Law No. 18 of 2019 (Article 128)


21 - Regulating the prevention of the accused from traveling outside the country or placing his name on arrival watch lists and the controls for issuing the decision and appealing it (Articles 149, 150, 151)


22 - In misdemeanor cases, the parties must be summoned to appear before the court at least seven full days before the hearing. The summons must include the defendant's details, national identification number or travel document number, and address if the defendant is a foreigner (Article 229).


23 - Telephone advertising and its regulations (Article 231)


24 - Establishing a telephone advertising center in the district of each partial court affiliated with the Ministry of Justice, which is responsible for inquiring from the Civil Status Department about the national number of the accused and the mobile phone number registered with it (Article 232).


25 - Declaration of detainees in military prisons (Article 234)


26 - 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 (Article 252).


27 - Cases concerning children, women, the elderly and persons with disabilities shall be adjudicated expeditiously (Article 277)


28 - The court's justification for ordering the detention of the accused to ensure his presence at the session to which the verdict is postponed (Article 304)


29 - If it becomes clear to the court 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 (Article 307).


30 - Recording the statements of the victimized child audibly and visually, and saving this recording on a digital storage device to be placed in the case file. (Article 348)


31 - If a person is detained pending trial, and is only sentenced to a fine, fifty pounds must be deducted from it upon execution for each day of pretrial detention (Article 468).


32 - Replacing physical coercion with obligating the convicted person to perform work for the public benefit (Article 470)


33 - The court issuing the judgment has jurisdiction to consider the objection of a bona fide third party to the judgment to confiscate his funds (Article 483).


34 - International judicial cooperation in criminal matters has been organized to include requests for judicial assistance, extradition of criminals and objects and recovery of funds (Article 509).


 35 – The protection of victims, witnesses, and defendants is organized by including data that does not reveal their identity, provided that a separate file is created for the case that includes a specification of their identity and real data. (Article 524)


36 - Compensation for pretrial detention has been regulated (Article 528)


37 - Remote investigation and trial procedures have been organized (Article 530)


38 - The obligation of the sub-bar associations to prepare lists of a sufficient number of lawyers to be registered in a special register for assignment from among them before the investigating or trial authorities (Article 540)

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