Criminal Procedures Law approved - Egypt - Al-Ahram Weekly
Following three years of preparation and five months of extensive discussions, parliament finally approved the 544-article Criminal Procedures Law on Tuesday. The bill — which sets out the procedures for investigating, prosecuting, and trying criminal cases — received semi-final approval on 24 February. Speaker Hanafi Gebali said the law would be finalised only after a thorough and legal revision.
The law includes six sections which cover criminal prosecution, evidence collection, courts, appeals, enforcement, and international judicial cooperation over criminal matters.
The law, which initially consisted of 540 articles, gained four new articles during the debate. One gave the justice minister the authority to issue executive orders to implement the law, and another that annuls capital punishment when reconciliation is accepted by the victims' family, in accordance with Islamic Sharia.
Gebali said that for decades, legislative stagnation had affected criminal procedures 'and during those decades numerous efforts have attempted to formulate a modern law for Egypt that is worthy of the aspirations of its people, but they have stumbled repeatedly. The current parliament is credited with having breathed the spirit of change into outdated texts, redrafting them to keep pace with modern times and which respond to the needs of society.'
Gebali explained how the drafting of the law began with the formation of a subcommittee, a unique parliamentary precedent, consisting of MPs, officials, and legal specialists. 'This committee changed into a vibrant workshop and its door was opened to listen to views from all ideological backgrounds because it honestly believes that constructive dialogue leads to balanced and credible legislation,' he said. Representatives from the Bar Association, the National Council for Human Rights, the Senate, and the Interior Ministry took part in the debates.
Gebali added that 'we do not claim perfection in drafting and discussing this law because we know that it will have to be amended every now and then to be in line with changing times.'
Justice Minister Adnan Al-Fangari described the approval of the new law as a defining moment in the history of Egypt because it preserves constitutional rights, serves the interests of society, and affirms commitment to its security and stability. 'It also guarantees fair trials, reinforces respect of human rights and reduces the length of pretrial detention,' Al-Fangari said.
Minister of Parliamentary Affairs Mahmoud Fawzi said the final approval of the new law should be viewed as an exceptional moment in the history of Egypt's legal and parliamentary system. 'The new legislation will replace the law which has been in place since 1951, thanks in large part to cooperation between the government and parliament,' Fawzi said.
The Criminal Procedures Law included a number of articles that sparked widespread controversy among lawyers, journalists, judges and the National Dialogue's Board of Trustees. Most of the criticism was directed at Article 123 which relates to pretrial detention. The Press Syndicate proposed that pretrial detention be revoked altogether in favour of alternatives such as electronic surveillance and house arrest. The proposal was rejected by Justice Ministry consultants as 'impractical'.
Minister Al-Fangari said Article 123 includes guarantees that excessive and indefinite use of pretrial detention will not be used and that it meets the demands of civil society.
The final draft of Article 123 reduces the maximum period of pretrial detention for misdemeanours from four to six months, for felonies from 12 to 18, and for crimes that carry the death penalty or life imprisonment from 18 to 24 months.
Article 523 was another sticking point. It states that individuals wrongly detained pending trial are entitled to financial compensation from the government but stipulates that individuals seeking compensation have not been detained pending trial in other cases and have been acquitted of all charges.
Three articles — 79, 80, and 82 — also triggered a backlash. The articles allow prosecutors, after obtaining permission from a judge, to issue an order to seize all letters, messages, telegrams, newspapers, publications, and parcels, and to order the monitoring of wired and wireless communications, social media accounts and applications and their various contents that are not available to everyone, emails, text messages, and audio and video messages, and to place specific mobile phones, electronic websites and other technical devices under surveillance, and to make recordings of conversations that take place in private. The orders to seize, view, monitor or record must be for a period not exceeding 30 days. The judge may renew this period for one or more similar periods.
Fawzi argued that these articles were necessary because they are considered useful measures in revealing the truth in a felony or misdemeanour.
According to Fawzi, the bill includes articles that protect private lives and guarantee personal freedoms. First, he said, the law explicitly stipulates that homes are inviolable and may be entered, searched, monitored, and eavesdropped only after obtaining a judicial order specifying the place, time and purpose thereof. 'The law does not give police officers free reign to search homes,' said Fawzi.
He indicated that for the first time the law allows the use of technology to notify defendants of legal proceedings and conduct remote trials. A telephone notification centre with the jurisdiction of each district court affiliated with the Justice Ministry will be established and linked to the Civil Status Sector to send telephone and electronic notifications, a step that represents a breakthrough in the judicial system in Egypt.
The law also restricts the authority of travel ban orders to be within the jurisdiction of the public prosecutor or his deputy, or the competent investigating judge. It stipulates that the ban order be issued with reasons for a specific period. Individuals will also have the right to appeal the order while the court should adjudicate it within a period not exceeding 15 days from the date of it being reported.
The law also provides effective legal protection for witnesses, informants, experts, victims and defendants, and adding further guarantees for the right to a defence by establishing the principle of no trial without a lawyer, which allows each defendant to have a lawyer present. In the event that there is no lawyer, the draft law obliges the investigating or trial authority to appoint a lawyer to defend the defendant at all stages of investigation and trial, activating the protection of the rights of women and children and providing the necessary assistance to people with disabilities and the elderly.
* A version of this article appears in print in the 1 May, 2025 edition of Al-Ahram Weekly
Follow us on:
Facebook
Instagram
Whatsapp
Short link:
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Middle East
a day ago
- Middle East
IDSC sheds lights on 8 most frequently asked questions about 'halal' certification for dairy, meat imports
CAIRO, June 4 (MENA) - The Cabinet's Information and Decision Support Center (IDSC) shed light Wednesday on most eight frequently asked questions about the government's decisions related to the "halal" certification through an infographic published on its official social media platforms. The infographic addressed the Cabinet's decision to cancel "halal" certification requirements for dairy imports, a move that generated a lot of discussions about the nature of the certification and its impact on Egypt's dairy imports, as well as its implications on imported meat and poultry. The infographic brought about the eight most frequently asked questions about "halal" certification for imported dairy and meat products. It said a "halal" certification is a process carried out by a credible and accredited conformity assessment body certifying that a company's products or services meet "halal" standards and requirements. The certificate's importance lies in assuring Muslims that the products they consume comply with Islamic Sharia law, thereby enhancing consumer trust and preventing confusion as to products' religious permissibility. The infographic said halal certifications are granted only to companies that meet required standards, and these companies are permitted to put on the "halal" label on their products. The certification applies to sectors related to food industries, cosmetics, and personal care products. Egypt's decision to cancel "halal" certification for dairy products stems from the concrete fact that milk comes from live animals. Hence, the idea of mixing halal dairy with non-halal dairy is considered illogical. International monitoring has shown that halal certifications are not required for dairy in Muslim countries and are mainly applied to meat and poultry. Egypt imports various dairy products, including powdered milk and cheese, all from well-known sources, the infographic further noted. These products undergo inspections to ensure they meet standard specifications and verify the type of milk giving animals that produce milk for human consumption. Regarding meat, the infographic clarified that Egypt imports around 50% of its meat needs from world countries. No meat shipment enters the country without being thoroughly reviewed by a specialized committee to ensure that the slaughtering process complies with Islamic (halal) methods of slaughter and that the shipment is fully prepared to enter the Egyptian market in accordance with Islamic Law (Sharia). (MENA) R R N/S A S
Egypt Independent
2 days ago
- Egypt Independent
Putin didn't budge in Ukraine peace talks. Now Donald Trump may be forced to act
CNN — So, Russia and Ukraine are still as far apart as ever, with the two warring countries unable to make a significant breakthrough in So, Russia and Ukraine are still as far apart as ever, with the two warring countries unable to make a significant breakthrough in direct talks in Istanbul. While there was agreement to exchange more prisoners, Moscow and Kyiv remain deeply divided over how to bring the costly and bitter Ukraine war to an end. Russia has shown itself to be particularly uncompromising, handing Ukrainian negotiators a memorandum re-stating its maximalist, hardline terms which would essentially amount to a Ukrainian surrender. Expectations were always low for a Kremlin compromise. But Moscow appears to have eliminated any hint of a readiness to soften its demands. The Russian memorandum again calls on Ukraine to withdraw from four partially occupied regions that Russia has annexed but not captured: a territorial concession that Kyiv has repeatedly rejected. It says Ukraine must accept strict limits on its armed forces, never join a military alliance, host foreign troops or aquire nuclear weapons. It would be Ukrainian demilitarization in its most hardline form, unpalatable to Ukraine and much of Europe, which sees the country as a barrier against further Russian expansion. Other Russian demands include the restoration of full diplomatic and economic ties, specifically that no reparations will be demanded by either side and that all Western sanctions on Russia be lifted. It is a Kremlin wish-list that, while familiar, speaks volumes about how Moscow continues to imagine the future of Ukraine as a subjugated state in the thrall of Russia, with no significant military of its own nor real independence. This uncompromising position comes despite two important factors which may have given the Kremlin pause. Firstly, Ukraine has developed the technical capability to strike deep inside Russia, despite its staggering disparity of territory and resources. The stunning drone strikes recently targeting Russian strategic bombers at bases thousands of miles from Ukraine is a powerful illustration of that. Ukraine, it seems, has some cards after all, and is using them effectively. Secondly – and arguably more dangerously for Moscow – the Kremlin's latest hardline demands come despite US President Donald Trump's increasing frustrations with his own Ukraine peace efforts. Trump has already expressed annoyance with his Russian counterpart, Vladimir Putin, who he said had gone 'absolutely MAD' after massive Russian strikes on Ukraine last week. But now, Trump himself is under pressure as a cornerstone of his second term foreign policy – bringing a rapid end the Ukraine war – looks decidedly shaky. There are powerful levers to pull if Trump chooses, like increasing US military aid or imposing tough new sanctions, such as those overwhelmingly supported in the US Senate. One of the key backers of a cross-party senate bill that aims to impose 'crippling' new measures on Moscow, Senator Richard Blumenthal, accused Russia of 'mocking peace efforts' at the Istanbul talks and in a carefully worded post on X accused the Kremlin of 'playing Trump and America for fools.' It is unclear at the moment how the mercurial US president will react, or what – if anything – he will do. But the outcome of the Ukraine war, specifically the brokering of peace deal to end it, has become inextricably linked with the current administration in the White House. The fact that Putin has once again dug in his heels and presented an uncompromising response to calls for peace, may now force Trump to act.
Mada
3 days ago
- Mada
Former rights council member: Moushira Khattab's resignation is ‘belated attempt' to sidestep poor performance
Moushira Khattab has stepped down as president of the National Council for Human Rights (NCHR) as she intends to pursue a role at an international institution, the council announced on Sunday. Former council member Nasser Amin, however, described the move to Mada Masr as a belated attempt by Khattab to 'wash her hands' of what he said was the council's worst performance in two decades. The council was reconstituted by presidential decree in 2021, as the government worked to stage a shift in how it handles rights and political representation, launching a national human rights strategy, reopening the council, which is tasked with nominating prisoners to the president for amnesty among other roles, and beginning the National Dialogue as a forum for political dialogue. In a phone call with Mada Masr, Khattab declined to comment on the statement or name the international institution she intends to join. A source close to the former council head, however, denied to Mada Masr that her resignation had nothing to do with Khattab's future career plans. Since Khattab has already had a long career, an international appointment is unlikely, the source continued. They described her resignation instead as a long overdue development, adding that through her four-year tenure on the council Khattab has repeatedly voiced frustration over her inability to effect meaningful change in any of its human rights working files. The source cited Khattab's repeated but unsuccessful attempts to amend the law that governs the council in order to elevate its international ranking, as well as several requests she made to visit prisons which were ultimately rejected. Prison visits are permitted rarely, and often only to limited areas of specific facilities under authorities' supervision. The source put the lack of achievements down to the council's political position, describing it as lacking any real leverage. Its recommendations are often ignored, they added. Khattab was also increasingly troubled by the frequent criticism directed at her from various circles, the source said. Amin, who also heads the Arab Center for the Independence of Judiciary and Legal Professions, warned that the council is very likely to face a downgrade in its international ranking by the end of the year, citing its lack of independence and retreat from its monitoring and advocacy role. 'The talk of her seeking an international post is more wishful thinking than reality,' he said. On November 20 last year, the Sub-Committee on Accreditation (SCA) at the Global Alliance of National Human Rights Institutions (GANHRI) recommended the council be downgraded to B status, raising serious concerns about its compliance with the Paris Principles — particularly in terms of its independence, effectiveness and transparency. The SCA flagged the lack of transparency and public participation in the appointment of council members — who are selected by the executive arm of the government — as a factor undermining the body's autonomy and ability to operate free from government interference. It also criticized the council's inadequate response to major human rights concerns, including torture, enforced disappearances, conditions of arbitrary detention, as well as with regard to freedom of expression, peaceful assembly and association. The committee also called for sweeping reforms to bring the council in line with the Paris Principles, including measures to reinforce its independence, amend its appointment mechanism, improve its response to human rights violations and ensure regular distribution of public reports for civil society and other actors to access. Khattab has previously pushed back against claims that the council lacks independence. In a televised interview in September 2024, she said the council had submitted a request for a presidential pardon for writer and activist Alaa Abd El Fattah, but claimed that the council had been drawn into the issue of its pending downgrade by a complaint questioning the council's independence filed by the writer's father-in-law, prominent human rights advocate Bahey Eddin Hassan. Domestic and international calls are currently mounting for President Abdel Fattah al-Sisi to pardon the detained activist and writer — whose mother is now hospitalized in critical condition 246 days into a hunger strike. Khattab had confined her efforts as council head to 'safe zones,' Amin said. She focused on awareness-raising and human rights education while steering clear of applying legal and human rights standards to document violations. Instead, he added, she echoed the narrative advanced by the state and its security agencies. The constitution grants the NCHR the power to represent victims in court — a power exercised by previous iterations of the council, including in the case of activist Shaimaa al-Sabbagh's killing. The current council, however, has ignored this mandate, which Amin said was a hard-earned achievement of earlier efforts. Vice President Mahmoud Karem assumed Khattab's responsibilities as of Saturday, the council's statement said, and he will continue in the role until its term ends on December 27. Sisi reconstituted the council under Khattab's leadership in December 2021 for a four-year term. Under recent amendments to the law governing the NCHR, the House of Representatives is permitted to begin forming a new council two months ahead of the current term's expiration. Nominations are to be submitted by universities, syndicates and other institutions, after which the president and members are selected and approved via presidential decree.
