Egypt's parliament approves new criminal procedure law in principle

CAIRO – 17 December 2024: The Egyptian House of Representatives, led by Speaker Dr. Hanafi Gebali, approved the new Criminal Procedure Law in principle during its general session on Tuesday. The approval followed a report submitted by the Constitutional and Legislative Affairs Committee.

The proposed law aims to achieve swift justice while ensuring enhanced guarantees for litigants through fair trials and the right to defense. It represents a significant step toward safeguarding human rights, streamlining litigation procedures, and resolving cases efficiently without compromising fair trial standards or the rights of defense.

The draft law explicitly protects the sanctity of homes, stipulating that entry, search, surveillance, or eavesdropping is prohibited without a judicial order specifying the purpose, location, and time. It also imposes stricter limits on judicial officers regarding arrests, searches of individuals, and home inspections, reinforcing the Public Prosecution's core role in managing criminal investigations and prosecutions.

The law seeks to limit pretrial detention by setting a maximum duration and requiring detailed justification for detention orders. Furthermore, it introduces compensation for wrongful pretrial detention, both morally and materially. The Public Prosecution will be required to publish final acquittals and decisions to dismiss charges in two widely circulated newspapers at the government’s expense.

To align with Egypt's digital transformation goals, the law introduces integrated systems for judicial notifications alongside traditional methods. It mandates the creation of phone notification centers in every judicial district, connected to the Civil Registry under the Ministry of Justice, enabling electronic and phone-based notifications.

To address issues related to name similarity, the law requires judicial officers to document a defendant's national ID during identification. It also regulates travel bans and entry watchlists, assigning this authority to the Public Prosecutor, their delegate, or an investigative judge. These orders must be time-bound, justified, and subject to appeal, with a resolution required within 15 days of submission.

The draft law introduces modern technologies for remote investigations and trials, ensuring simplified litigation procedures and the protection of witnesses, informants, experts, victims, and defendants. It also enhances the right to legal defense by establishing the principle that no individual can be tried without a lawyer. If a defendant lacks representation, authorities are mandated to appoint a lawyer at all stages of the trial process.

The proposed law strengthens protections for women, children, individuals with disabilities, and the elderly by ensuring their rights are upheld and necessary support is provided.

This new legislation marks a transformative step for Egypt’s judicial system, balancing modernization with justice and ensuring the protection of individual rights.