Egypt’s new criminal procedures law amendments grant convicts additional appellate chance: Here’s what you need to know

CAIRO – 17 January 2024: Egypt’s President Abdel Fattah El-Sisi has given his approval to a draft law that introduces amendments to certain provisions of the criminal procedures law on Wednesday.

The draft law will become effective starting Thursday, as it has been published in the Official Gazette.

The amendments, which received a final approval from the House of Representatives yesterday, are being hailed as a victory for human rights by legal experts and jurists.

In a statement, the Parliament’s legislative committee highlighted that the draft law represents “a significant advancement in safeguarding human rights” and fulfils “a long-awaited aspiration within Egyptian jurisprudence.”

The committee emphasized that the draft law aligns with the provisions of the Constitution and the National Strategy for Human Rights launched by President Abdel Fattah El-Sisi.

Additional opportunity for appeals

Prior to the amendments, individuals who receives an initial sentence from a criminal court had the option to appeal the verdict, which would then be reviewed by the Court of Cassation. This second trial had been very critical because the rulings of the Court of Cassation were considered final, leaving convicts with no further avenue for appeal.

In the new law, those convicted by the criminal court will have the chance to appeal the ruling and stand another trial before an appeal court whose ruling is still not final. This will enable the convict to enjoy another chance for appellation before standing trial at the Court of Cassation.

The amendments also apply to those who receive a sentence in absentia. In the old law, they face a retrial once arrested or surrender to the security authorities and then they are referred directly to the Court of Cassation. Under the new law, they still have the opportunity for an appellate trial after the criminal court’s retrial.

‘Victory to human rights’

In remarks to Egypt Today, Essam Sheeha, a member of Egypt’s National Council for Human Rights, said the new draft law is a “victory on the path of the National Strategy for Human Rights,” adding that it will contribute to achieving absolute justice and fair trial.

Sheeha added that the accused individual will be able to present their defenses through three phases of trial under the amendments. He, however, noted that the new law adds new burdens to the judiciary, which requires the minister of justice to act urgently to form new appellation chambers.

“We hope that this will be the beginning of an integrated draft law on criminal procedures that fulfills all the legitimate demands indicated by the National Human Rights Strategy, including with regard to pretrial detention, and solves all problems related to criminal procedures,” Sheeha stated.

Ensuring state of law

Reda Farahat, Deputy Head of the Congress Party and professor of political science, said the draft law submitted by the government will significantly ensure justice and state of law and protect the individuals’ rights.

He also expressed appreciation for the government, which welcomed the quick enforcement of the draft law, saying that this step reflects the government’s commitment to enhancing the efficiency of the judicial system and ensuring further transparency.

“This reinforces the principle of justice and fairness that we all aspire to under the New Republic,” Farahat said, echoing a term launched by President Sisi to unveil the dawn for a modern state.