Counsel Mahmoud Fawzi, Minister of Parliamentary Council Affairs, said that some are promoting false ideas that all Whoever is brought before the Public Prosecution will be detained in pretrial detention, and this is not true. This came during the plenary session of the House of Representatives during the discussion of the Criminal Procedure Code.< /span>
The Minister of Parliamentary Councils added, “Pretrial detention according to the law has justifications and reasons, and when the prosecutor speaks about pretrial detention, it is in accordance with the cases requiring pretrial detention.”< /span>
And continue that " Pretrial detention is not absolute, but rather targets the interest of investigation and determining cases of pretrial detention is subject to legislative clarity as contained in the draft law. The statements of the Minister of Parliamentary Councils come during the discussion of Article 112 of the Criminal Procedure Code, which states:
Article " 112
Detention order
If it becomes clear after questioning the accused that the evidence is sufficient, and the incident was a felony or misdemeanor punishable by imprisonment for a period of not less than one year, a member of the Public Prosecution of at least the rank of prosecutor may, after hearing the accused’s defense, issue a reasoned order to imprison the accused. As a precaution, for a maximum period of four days following the arrest of the accused or his handover to the Public Prosecution if he was previously arrested, if one of the following cases or reasons exist:
1< span>– If the crime was committed in flagrante delicto and the ruling must be executed immediately after it is issued.
2 – Fear of the accused escaping.
– For fear of harming the interest of the investigation, whether by influencing the victim or witnesses, tampering with evidence or physical evidence, or by making agreements with the rest of the perpetrators to change the truth or obscure its features .
4- Preventing serious disruption to security and public order that may result from the gravity of the crime. In all cases, the accused may be detained provisionally 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.
