Egypt’s House of Representatives announces new amendments to Criminal Code

CAIRO – 13 September 2024: The Egyptian House of Representatives, the lower house of parliament, announced the draft of new amendments to the Egyptian Criminal Code.

These amendments, which have been submitted by committee members, government officials, the Supreme Judicial Council, the National Dialogue, the Public Prosecution, the Bar Association, and journalists, aim to enhance the fairness of the judicial system while upholding individual rights and societal stability. The parliament added that the committee has put into consideration all proposals submitted by these bodies when it formulated the draft.

The proposed changes include reducing the maximum period for pretrial detention from six months to four months for misdemeanours, from eighteen months to twelve months for felonies, and from two years to eighteen months for cases involving life imprisonment or the death penalty. Additionally, the detention period for defendants in the Court of Cassation is now specified to not exceed two years, addressing a gap in the current law.

The draft law also permits complaints against pretrial detention decisions to be filed electronically.

The amendments limit the Court of Cassation's authority to detain an accused individual facing the death penalty or life imprisonment to a maximum of two years.

The draft law proposes that orders for travel bans, inclusion on arrival watch lists, and asset seizures must be issued by a judicial investigative authority in connection with a pending case, where such measures are necessary. These decisions must be reasoned and specify a reasonable duration, not exceeding the period of pretrial detention.

In exceptional circumstances that necessitate renewing the detention of an accused through electronic litigation, priority must be given to ensuring that the lawyer is present with the accused in the same location, i.e., within the prison. This requirement is detailed in the chapter on remote investigation and trial procedures (Articles 525) of the draft law, which explicitly mandates that the lawyer and the accused must not be separated during remote litigation procedures.

Controversial Articles

Last month, Lawyers’ Syndicate and the Freedoms Committee of Egypt’s Journalists Syndicate called for reviewing some controversial articles in the new amendments.

The Freedoms Committee of Egypt’s Journalists Syndicate has urged a thorough review of the articles concerning publishing and pretrial detention in the draft Criminal Procedures Code currently under discussion in Parliament.

In a statement released on Wednesday, the committee emphasized that Article 267 of the draft code, which pertains to publishing, "undermines journalistic work and restricts journalists' mission in enlightening society and conveying facts."

According to this article, it is prohibited to publish news, information, conduct dialogues, or discussions about legal proceedings in an unethical manner that could interfere with the course of justice.

Moreover, discussing any information related to judges, public prosecutors, witnesses, or defendants during the consideration of crimes outlined in the Anti-Terrorism Law 94/2015 is strictly forbidden.

Violations of these provisions will result in penalties as outlined in Article 186 bis of the Penal Code, the article says.

This article of the Penal Code includes fines ranging from LE 100,000 to LE 300,000. The article also mandates the confiscation of devices or items used in the offense, deletion or destruction of related content, and doubles the fine for repeat offenses.

Furthermore, the Lawyers Syndicate drew attention to certain provisions in the draft law that have sparked intense debate and confusion within legal circles due to “their broadening of seizure, investigation, and trial powers at the expense of the right to the defense.”

The Lawyers Syndicate added that these provisions have been widely criticized for “encroaching upon fundamental defense rights stipulated and established by constitutions, successive laws, and international treaties.”