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Proposed recommendations regarding amending some of the main principles and texts of the Criminal Procedure Law

 

 

A set of suggested recommendations regarding amending some of the main principles and texts of the Criminal Procedure Law

 

Issued it

Public Policy Analysis and Human Rights Unit

 

Affiliate Foundation

Maat for Peace, Development and Human Rights (Egypt)

 

 

Under a project

 

The Universal Periodic Review as a Tool to Improve Public Policies during the Transition

 

November 2017

 

 

“This release was implemented with the help of the European Union. The content of this publication is the responsibility of the Maat Foundation for Peace, Development and Human Rights and can in no way be considered a reflection of the vision of the European Union.


the background:

The Maat Foundation for Peace, Development and Human Rights held a round table on October 25, 2017 to discuss some of the issues “The proposed main principles and texts for the draft Criminal Procedure Law No. 95 of 2003, Where the round table had the participation of a group of members of the legislative committee of the Egyptian parliament, professors of criminal law, legal researchers, representatives of relevant civil society organizations, advisors to the Council of State, members of the National Council for Human Rights, and representatives of political parties. The round table aimed to come up with a group of Recommendations to be taken into account when amending the Criminal Procedure Law No. 95 of 2003.

It is worth noting that the recommendations that came out of the round table related to expediting the completion of criminal cases in a manner that does not violate the rules of fair trials, while adopting alternative means, such as reconciliation, to settle criminal disputes of a financial nature, in addition to the return of the referral counselor and the organization of preventive detention procedures, alternatives, periods and compensation. The state of injury, in the cases specified by the law, and the activation of the international mechanisms concerned with guarantees of a fair and equitable trial by introducing a two-degree litigation system in felonies with the possibility of appealing against the judgments of the criminal courts of the second degree through the Court of Cassation or review, in contrast to the current procedural situation, which makes The judgment issued by the criminal courts is final and cannot be appealed except by cassation. The following are recommendations:

·         Repeal the last paragraph of Article 24 bis of the Criminal Procedure Code, which states (Judicial officers, their subordinates and public authority men must show proof of their personalities and characteristics when undertaking any work or procedure stipulated in the law,  The violation of this duty does not result in the nullity of the work or the procedure, without prejudice to the application of the disciplinary penalty)

·         The creation of an assisting body for the investigation and trial authorities to establish in each primary court an auxiliary body consisting of experts, forensic doctors and translators in coordination with the relevant concerned authorities and to determine lists of sufficient numbers to be delegated from among them and to attend before the investigation and trial authorities, and they are registered in a special register established for this purpose in the office of the head of the court of first instance to be recorded All their data and a copy of it is sent to the Attorney General at the College Prosecution.

·         Setting a maximum limit for pretrial detention And compensation for damage by amending Article 143, the last paragraph to become
The period of preventive detention may not exceed three months, unless the accused is It was announced that he was referred to the competent court before the end of this period, and the Public Prosecution in this case must present the detention order within five days at most from the date Announcement by referral to the competent court in accordance with the provisions of the first paragraph of Article 151 of This law implements the provisions of these provisions, otherwise the accused must be released. If it is The charges against him are a felony, and the period of pretrial detention may not exceed five months Except after obtaining, before its expiry, an order from the competent court to extend the detention for a period not exceeding Forty-five days, renewable for another similar period or periods, otherwise, release must be made Accused .
In all cases, the period of preventive detention may not be exceeded in a stage The primary investigation and all stages of the criminal case is one-third of the maximum negative penalty for the crime, so that it does not exceed six months in misdemeanors, eighteen months in crimes, and two years If the prescribed punishment for the crime is life imprisonment or death ”  

In all cases, the precautionary detainee or a person sentenced to a custodial penalty must be compensated and then a final order is issued that there is no basis for a criminal case before him or a final judgment of his acquittal from all the charges against him for the material and moral damages directly caused to him as a result of restricting his freedom. The compensation claim shall be filed by the usual methods of litigation.

The Public Prosecution may issue a reasoned order by one of the following measures instead of preventive detention:

1-     Obligate the accused not to leave his home or his home.

2-       Require the accused to present himself to the police headquarters at specific times.

3-      Prohibiting the accused from attending specific places

4-      Preventing the accused from engaging in certain activities.

The accused may be imprisoned if he does not have a fixed and known place of residence in Egypt and the crime is a felony or misdemeanor punishable by imprisonment, and in case of violating the prescribed measures, the member of the prosecution may replace the measures with precautionary detention, and no person may be imprisoned except in the places designated for this and based on an order signed by the authorities It is not permitted for him to remain in it after the period specified for this matter.

·         The introduction of a degree of litigation in criminal courts so that litigation becomes two-degree in line with international standards for a fair trial to appeal judgments issued in felonies and the Court of Cassation addressed the issue

The criminal court of both levels may not issue a death sentence without the consensus of its members, and before issuing this judgment it must take the opinion of the Mufti of the Republic and the case papers must be sent to him, and he must in all cases send his opinion to the court sufficiently before the hearing of the judgment. His opinion did not reach the court before the date set for the verdict, the court ruled the case. Judgments of second-degree criminal courts may not be appealed except by way of cassation or reconsideration.

·         Canceling judgments in absentia and requiring the presence of a lawyer in the articles of criminal accusation through the agency or delegation by the court. The accused in a misdemeanor may present himself or by proxy for a lawyer. If he does not have a lawyer, the court must appoint a lawyer for him to defend him, without prejudice to the right of the court to order In his personal attendance, the judgment is considered in the presence of the party in charge of attending if the party in charge of attendance or his representative did not attend and the paper of the assignment of attendance was handed over to his person, and in the event that he did not receive this paper, the court postponed the case to a next session and ordered to re-announce it in his home, with a warning that if he or his representative failed to attend this session The judgment was in presence, and if he or his representative did not attend and the court found that there was no justification for attending, the judgment shall be deemed in presence.

·         Creating an article for reconciliation in financial crimes

 

·         The return of the referral counselor, who shall have the power to examine the defense requests himself, and return the case to the prosecution again

A proposal to amend the Criminal Procedure Law

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