Urgent.. We publish the House of Representatives’ statement on discussions of the new Criminal Procedure Code
The House of Representatives issued a statement regarding the conclusions of the session on Tuesday, January 14, 2025, regarding the discussions on the articles of the draft new criminal procedure law.
According to what was stated in the statement: The House of Representatives held its plenary session today, Tuesday, January 14, 2025, headed by Mr. Counselor Dr. Hanafi Jabali, Chairman of the Council, to complete the discussion of the articles of the draft law on criminal procedures (the new), in the presence of the Counselor, the Minister of Parliamentary and Legal Affairs, the Counselor, the Minister of Justice, and members of the subcommittee that prepared the draft law, most notably: the Secretary. General of the Bar Association, and representatives of the Senate, the Supreme Judicial Council, the Ministry of Interior, the National Council for Human Rights, and professors of criminal law.
The Council discussed in today’s session Articles (143) to (171) of the draft law according to what was concluded. To the Joint Committee of the Constitutional and Legislative Affairs Committee and the Office of the Human Rights Committee.
Today’s session witnessed extensive discussions on the part of the Council’s representatives – with their various political affiliations – and on the part of the government, especially in the articles related to organizing Controls for preventing the disposal and management of funds and the travel ban, as the Ministry of Justice submitted a proposal to amend Article (143) regarding regulating the rules and controls for preventing the accused from disposing of and managing his funds, which includes adding the accused’s spouse and minor children to the exception granted to the Public Prosecutor in issuing a temporary order preventing them from Dispose of or manage their money. However, a large number of Council representatives rejected this proposal, stressing that the financial liability of the accused’s wife and minor children is independent, subject to judicial oversight, and may not be infringed. except by a judicial ruling.
Noting that this proposal is tainted by a constitutional flaw, in light of the fact that private property is protected in accordance with Article 35 of the Constitution, especially since the accused’s wife and minor children have a financial liability separate from that of the accused, and he may The accused of transferring his money to others, stressing that the text as concluded by the Joint Committee achieves sufficient guarantees to preserve the right to private property, refusing to expand on the exception granted to the Attorney General by issuing a temporary order to prevent the accused from disposing of his money. And its management, and a vote was taken to reject the proposal of the Ministry of Justice and approve the article as concluded by the joint committee.
For his part, the advisor, Dr. Chairman of the Council, praised the discussions that took place on the articles related to orders prohibiting the disposal or management of funds, stressing that The wording reached by the Joint Committee adhered to the controls of what was concluded by the judiciary of the Supreme Constitutional Court in Case No. 26 of the 12th Constitutional Judicial Year in the session of 10/5/1996, in a way that ensures that such precautionary orders are not issued. Except in a judicial dispute in which the rights of defense are guaranteed, which represents an enhancement of the rights and freedoms of individuals, and which confirms that the authority of the Public Prosecution to issue orders prohibiting the disposition or management of funds must remain restricted to the extent of procedural necessity, so that it does not extend to anyone other than the accused to include his spouse and minor children. The assessment of this should be left to the authority of the competent criminal court in order to preserve the right to private property and ensure that its characteristics are not undermined.
By the end of today’s session, the Council has approved 171 articles. The draft law is provided that the Council will continue discussing the rest of the articles in the upcoming plenary sessions.
- For more: Elrisala website and for social networking, you can follow us on Facebook
- Source of information and images “rosaelyoussef”“
