Former president Hosni Mubarak will remain under house arrest after the emergency law is lifted in mid-November, interim Prime Minister Hazem El-Beblawi has said.
A court ordered Mubarak's release in August but El-Beblawi placed him under house arrest at Maadi military hospital as part of the recently implemented emergency law.
In comments published in Al-Masri Al-Youm newspaper on Thursday, El-Beblawi said Mubarak would be transferred to temporary detention in accordance with the criminal procedures law.
However, doubts about the legality of Mubarak's continued detention have been raised by at least one expert.
"According to the law, Hosni Mubarak should be released after the end of the state of emergency because there are no legal grounds for keeping him under house arrest," prominent lawyer Dr Shawky El-Siyad told Ahram Online.
"This is not within the prime minister's powers," he added. "Only a judge can send Mubarak to temporary detention. If El-Beblawi does this it would be interfering with judicial authority and totally unacceptable."
Mubarak is being retried for the murder of protesters during the January 2011 uprising that toppled him from power.
El-Beblawi also praised the trial of ousted Islamist president Mohamed Morsi, which began on Monday.
He is accused of inciting the murder and torture of protesters at the presidential palace in December 2012.