"Representatives"Completes the discussion and approval of 171 articles of the draft Code of Criminal Procedure
The House of Representatives, in its plenary session held today, Tuesday, headed by Counselor Dr. Hanafi Jabali, finished discussing and approving Articles 143 to 171 of the draft Criminal Procedure Code, which was prepared by the subcommittee emanating from the Committee on Constitutional and Legislative Affairs. The session was attended by the Minister of Justice, Counselor Adnan Fanjari, and the Minister of Parliamentary and Legal Affairs and Political Communication, Counselor Mahmoud Fawzi. Which includes the articles of Chapter Ten, entitled “Preventing the accused from disposing of or managing his money and preventing him from traveling.” From Articles 143 to 149, and the articles of Chapter Eleven, “Completion of the investigation and disposition of the case.” From Articles 150 to 161, and Articles of Chapter Twelve “Appeal of Orders Issued by the Public Prosecution” From Article 162 to 171.
The most important features of the new draft law included explicitly stating that homes are inviolable and may not be entered, searched, monitored or eavesdropped on, except by a reasoned judicial order specifying the place, time and purpose, with the addition of restrictions. On the powers of judicial officers in cases of arrest, search of citizens, and entry and search of homes.
It also includes confirmation The Public Prosecution has the inherent jurisdiction to investigate, initiate and initiate criminal proceedings, in accordance with Article (189) of the Constitution, and to preserve the precautionary and preventive nature of pretrial detention and its goal is the safety of investigations, by reducing its duration and setting a maximum limit for it, and requiring that the order for pretrial detention be reasoned, in addition to Approving moral and moral compensation for wrongful pretrial detention by obligating the Public Prosecution to publish every final ruling acquitting those who had previously been pretrial detained and every order issued stating that there is no basis for bringing a criminal case. It was published before in two widely circulated daily newspapers at the government’s expense, with the development of an integrated and disciplined organization for cases of financial compensation for pretrial detention.
The project also included the development of an integrated organization for advertising systems to keep pace with the country’s development towards digital transformation alongside traditional advertising, and the establishment of a center For telephone announcements in the circuit of each district court affiliated with the Ministry of Justice, and connected to the Civil Status Sector to send telephone and electronic announcements; This will achieve a breakthrough in the judicial notification system in Egypt, and confront the phenomenon of similarity of names by obliging judicial officers to record the information of the accused’s national number immediately after determining his identity, and obliging the Public Prosecution, when the accused appears for the first time in the investigation, to write down all the data related to proving his identity.
The most important features of the new draft criminal procedure law include restricting the authority of travel ban orders and inclusion on arrival watch lists, to be within the jurisdiction of the Public Prosecutor, his delegate, or the competent investigating judge. The prohibition order is required to be issued with a reason for a specific period, along with organizing a mechanism for grievance against these orders before the competent court. The project also specified a period for deciding on this grievance not to exceed 15 days from the date of its report.The project also organized cases and procedures. Remote investigation and trial in accordance with modern technologies ensures the simplification of litigation procedures and the achievement of prompt justice, while providing effective legal protection for witnesses, informants, experts, victims and accused, and providing more guarantees for the right to defense by adopting the principle There can be no trial without a lawyer, which allows each accused to have a lawyer present with him. In the absence of a lawyer, the draft law obligates the investigation or trial authority to assign a lawyer to defend the accused during all stages of the investigation and trial.
And a legitimate text. The law also aims to activate the protection of the rights of women and children, provide the necessary assistance to people with disabilities and the elderly, and abolish the section on physical coercion and replace it with the obligation to work for the public benefit.
The project also regulated the provisions for judicial cooperation. In criminal matters between Egypt and other countries, and reorganizing the opposition in absentia judgments in a way that limits them; To reduce the burden on the courts and to achieve a balance between the right to litigation, guarantees of the right to defense, and achieving complete justice.
