Egypt’s House of Representatives approved 61 out of 540 articles of the new Criminal Procedure law draft in two sessions held on Sunday and Monday.
This came two months after representatives of most political parties gave their initial approval of the new legislation, despite reservations from the Press Syndicate, the Bar Association, and the National Dialogue’s Board of Trustees regarding the proposed amendments.
According to a statement issued by the Ministry of Parliamentary Affairs and Political Communication, Articles 1 to 12 of the draft law cover the file of criminal proceedings and their limitations.
Meanwhile, Articles 13, 14, and 15 specify the circumstances under which criminal cases can be tried by the Court of Felonies and the Court of Cassation.
Articles 16 to 22 address the termination of criminal cases, while Articles 23 to 31 outline the responsibilities and duties of judicial officers.
The Egyptian parliament approved these articles after detailed discussions, amending Article 17 and revising Article 20 of the draft, the statement read.
Articles 32 to 35 focus on crimes committed in flagrante delicto, while Articles 36 to 45 outline the procedures for arresting suspects.
Articles 46 to 58 regulate the entry and search of homes and individuals, and Articles 59, 60, and 61 address the actions of the public prosecutor after gathering evidence in criminal cases.
Key chapters
The new draft bill, consisting of six key chapters, covers criminal prosecution, evidence collection, courts, appeals, enforcement, and international cooperation in criminal matters.
It introduces significant reforms to ensure transparency and fairness in the justice system while protecting the rights of the accused and victims.
The bill allows police searches only with a judicial warrant, guarantees defendants the right to legal representation, and incorporates modern technology for notifying defendants and conducting remote trials.
Additionally, the legislation reduces the maximum period of pretrial detention for misdemeanours, felonies, and serious crimes.
Long history of reform
Egypt’s first criminal procedures law, introduced in 1875, was based on French law and applied to mixed courts. It was later replaced with national laws, with significant amendments over time.
Established in 1950, the current law has undergone multiple changes, with the latest major amendments adopted in January 2024.
A new draft law was first proposed in 2017 but not passed.
The House of Representatives Constitutional and Legislative Affairs Committee spent two years drafting the new law, which aligns with the Egyptian constitution and addresses societal, legal, and human rights requirements in line with the National Human Rights Strategy 2022.
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