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Al-Ahram Weekly
01-05-2025
- Politics
- Al-Ahram Weekly
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 The current parliament is credited with having breathed the spirit of change into outdated texts, redrafting them to keep pace with modern times and which respond to the needs of society.'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:
See - Sada Elbalad
10-03-2025
- Politics
- See - Sada Elbalad
Egypt's Parliament Speaker Honors 10th of Ramadan Victory Anniversary
H-Tayea On Monday, Egyptian Parliament Speaker Hanafi Gebali delivered a speech marking the anniversary of the 10th of Ramadan Victory, a historic milestone in Egypt's military and national history. During the general session of the House of Representatives, Gebali highlighted the great sacrifices and heroic efforts of the Egyptian Armed Forces in reclaiming land and restoring national dignity during the October War. He emphasized that even after 52 years, this victory remains a source of pride and inspiration for all Egyptians. "Each year, on the 10th of Ramadan, Egypt and the Arab world commemorate this defining moment—a testament to the courage, resilience, and unwavering determination of our Armed Forces. This victory embodies the sacrifices made for the sake of our land and honor," Gebali stated. He extended his heartfelt congratulations to President Abdel Fattah El-Sisi, the Egyptian Armed Forces, and the entire Egyptian people, reaffirming that this anniversary serves as a reminder of national unity and the commitment to defending the homeland. Gebali also underscored the broader significance of the October War victory, stating: "The legacy of October is not just about military triumph; it carries a timeless message for future generations. It reminds us all of our duty to protect our nation, to work tirelessly for its progress, and to always put Egypt's interests above all else—just as the heroes of October did when they sacrificed everything for their country."
Egypt Today
23-02-2025
- Politics
- Egypt Today
Egypt's House approves moral, ethical compensation for wrongful pretrial detention
CAIRO – 23 February 2025: The Egyptian House of Representatives (the lower house of parliament) led by Speaker Hanafi Gebali, on Sunday, approved moral and ethical compensation for wrongful pretrial detention during its general session tomorrow, Sunday, as part of the draft Criminal Procedures Law. The newly-approved amendments to the law require the Public Prosecution to publish, at the government's expense, every final ruling that acquits a person previously detained in pretrial detention, as well as every order stating there is no reason to file a criminal case against them. This will be done in two widely circulated daily newspapers, aiming to provide moral compensation for the harm caused by wrongful pretrial detention. Article 523 of the draft law stipulates that anyone detained in pretrial detention is entitled to compensation under the following conditions: · If the crime is punishable by a fine or a misdemeanor punishable by imprisonment for less than one year, and the accused has a fixed and known residence in Egypt. · If a final order is issued stating there is no reason to file a criminal case due to the invalidity of the incident. · If a final judgment acquits the person of all charges based on the fact that the incident is not punishable, is incorrect, or for any other reasons other than invalidity, doubts about the validity of the accusation, or reasons for permission, exemption from punishment, pardon, or abstention from responsibility. In all cases, the State Treasury will bear the compensation costs. However, the person seeking compensation must not have been detained in pretrial detention or served a custodial sentence pending the case or other cases for a period equal to or longer than the period of pretrial detention or sentence for which compensation is being requested.
Al-Ahram Weekly
28-01-2025
- Business
- Al-Ahram Weekly
Tax overhaul - Economy - Al-Ahram Weekly
MPs approve three draft laws that seek to offer incentives to small investors, simplify procedures and speed up the settlement of tax disputes Following lengthy discussion on Sunday, the House of Representatives approved three tax-focused draft laws offering new incentives to small-scale enterprises, unifying and improving tax services and speeding up the settlement of disputes. 'The drafts aim to improve the financial performance of the state and promote investment,' said House Speaker Hanafi Gebali. He expressed the hope that the laws would enhance Egypt's ability to attract international investment. According to Finance Minister Ahmed Kouchok, the three laws are the first phase of a package of measures that will overhaul the tax system and ease the burden on taxpayers. 'The package has been discussed with key economic players and, on the basis of these discussions, has been amended to meet the needs of taxpayers and investors,' said Kouchok. MPs gave final approval to a 15-article draft law granting tax incentives to businesses with an annual turnover of up to LE20 million. The original draft submitted by the government had placed the threshold at LE15 million. It was raised at the request of Abdel-Hadi Al-Qasabi, parliamentary spokesman of the majority Mostaqbal Watan Party, who argued the increase was necessary given high inflation rates and the depreciation of the Egyptian pound. A report prepared by the Budget Committee said the draft bill seeks to support small and micro enterprises (SMEs) while expanding the tax base and integrating informal businesses into the national economy. Article 7 states that businesses with an annual turnover below LE20 million will be exempted for five years from financial development fees, stamp tax, company registration fees, land registration fees and tax, and fees linked to credit facilities and mortgage contracts. Article 8 exempts the same businesses from capital gains tax on the sale of fixed assets and production machinery and Article 9 contains a blanket tax exemption on profits. Article 4, however, exempts companies that generate 90 per cent of their annual turnover from consultancy services from the provisions of the law. Mohamed Suleiman, head of the House's Economic Affairs Committee, said the draft legislation is in line with Egypt's 2014 constitution which requires that the government support small and micro-scale enterprises and start-ups. He pointed out that 'small-scale enterprises contribute 80 per cent of Egypt's GDP and play a leading role in creating job opportunities, meeting local market needs and boosting exports.' Several MPs objected to Article 3, which stipulates that businesses must join the Egyptian Tax Authority's (ETA) Electronic Invoice and Receipt System to benefit from the package of tax incentives. MP Talaat Abdel-Qawi criticised the law far including NGOs and civil society organisations involved in development projects as part of the private sector for tax purposes even though they are non-profit entities. He argued that many NGOs will find the requirement that they join the ETA's Electronic Invoice and Receipt System burdensome. In response, Kouchouk said exempting entities from the Electronic Invoice and Receipt System would undermine the government's strategy to expand financial inclusion. MPs also approved a draft bill that will allow taxpayers who failed to submit their tax reports by the deadline to file them without facing financial penalties. A government-drafted explanatory note said taxpayers who fail to submit their tax reports on time currently face fines of up to LE1 million. Article 3 of the new law will allow taxpayers who failed to submit their tax returns for 2020, 2021, 2022, and 2023 to do so without incurring penalties. The third law aims to expedite the settling of tax disputes within the framework of the ETA's shift to a digital system. Deputy Chairman of the Budget Committee Mustafa Salem said the value of late tax payments had reached LE400 billion and 'hopes are high that the new law will help recoup this sum ahead of the ETA moving to a fully digital system.' Kouchok told MPs that by streamlining the way in which tax disputes are resolved, the 11-article law will contribute to creating an attractive investment environment and building greater trust in the tax system. 'The law will also help the ETA settle accumulated tax disputes while moving away from a paper to a digital system,' said Kouchok. He argued that the draft laws open a new chapter in the relationship between the ETA and the business community, based on partnership and support, and will allow the ETA to focus on upgrading its services and expanding the tax base to benefit the state, investors, and citizens. * A version of this article appears in print in the 30 January, 2025 edition of Al-Ahram Weekly Short link:
