Parliament approves reducing pretrial detention in felony, misdemeanour cases

Ahram Online , Monday 13 Jan 2025

Egypt's House of Representatives has approved amendments to the draft Criminal Procedure Law, reducing maximum pretrial detention periods for misdemeanours and felonies.

The Egyptian Parliament in the New Administrative Capital
The Egyptian Parliament in the New Administrative Capital

 

Under the new legislation, pretrial detention – commencing from the initial investigation phase – cannot exceed one-third of the maximum imprisonment sentence for the specific crime.

Consequently, the maximum pretrial detention for misdemeanours has been lowered from six to four months, while for felonies, it has been reduced from 18 to 12 months.

For crimes punishable by life imprisonment or the death penalty, the maximum pretrial detention period has been shortened from two years to 18 months.

Strict timelines and mandatory court orders are now required for any extensions of pretrial detention.

In misdemeanour cases, the initial pretrial detention is limited to three months. This limit cannot be extended unless the accused has been formally notified of their referral to the competent court before the three-month period expires.

In such instances, the Public Prosecution must present the detention or measure order to the court within five days of the notification date. Failure to comply will result in the accused's immediate release or the termination of any restrictive measures.

For felony charges, the initial pretrial detention period is limited to five months. Extensions may be granted by the respective, but only in increments of up to 45 days, with a maximum of one renewal permitted.

If no extension is obtained before the initial five-month period expires, the defendant must be released or the restrictive measure terminated.

Minister of Parliamentary and Legal Affairs and Political Communication Mahmoud Fawzy emphasized that these amendments represent a crucial step forward and reflect the positive outcomes of the national dialogue.

"This article introduces strict discipline regarding detention periods, offering a crucial guarantee for the defendant," he added.

Communications monitoring regulations
 

Speaker of the House Hanafy El-Gebaly clarified that monitoring communications and social media accounts is strictly subject to a judicial order issued by a judge by the law.  

El-Gebaly made his remarks during a plenary session of the House on Monday in response to relevant reports published by some media outlets.  

He categorically denied that communications monitoring is available or widely accessible, stating, “Under no circumstances can any individual be subjected to monitoring randomly or unlawfully.”

Such actions are strictly regulated within the framework of constitutional and legal provisions, El-Gebaly stressed.

He further clarified that Egypt's Supreme Constitutional Court has decided the legitimacy of communications monitoring in line with the strict controls established by the House and those specified in the current Criminal Procedure Law.

El-Gebaly concluded by urging media professionals to ensure accurate reporting on the Criminal Procedure Law and provide comprehensive information to help the public understand the issue.

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