Difference between revisions of "Egypt"

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{{Languages|Egypt}}
  
{{Languages|Egypt}}
 
  
 
{| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
 
{| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
 
|-
 
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|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LAWS OF EGYPT</h2>
 
|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LAWS OF EGYPT</h2>
*[http://www.egypt.gov.eg/english/laws/constitution/default.aspx| Egyption Constitution]
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*[http://www.sis.gov.eg/Newvr/Dustor-en001.pdf Egyptian Constitution]
*<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>
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*[[Media:ACHPR_PrinciplesandGuidelines_FairTrial.pdf | Principles and    Guidelines on the Right to a Fair Trial and Legal Assistance in Africa]]
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<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">LEGAL TRAINING RESOURCE CENTER</h2>
 
* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]
 
* [http://elearning.ibj.org eLearning Courses for Criminal Defense lawyers]
 
|}
 
|}
  
 
==Background==
 
==Background==
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Egypt is the 30th largest country in the world in terms of land size even though the vast majority of the 79 million citizens live in the fertile Nile Valley region.
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President Mohamed Hosni Mubarek has ruled Egypt since 1981. He assumed power after the assassination of President Mohammed Anwar El-Sadat.
  
 
==Type of System==
 
==Type of System==
  
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Egypt's criminal justice system is modeled after the [[France|French]] system. The central sources of law include the 1950 Code of Criminal Procedure. The 1971 Constitution, as interpreted by the Supreme Constitutional Court, supersedes all administrative and legislative laws regarding criminal law and procedure.
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Criminal matters may also be resolved in alternative venues such as the military courts (established in 1966) and administrative courts.
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In addition, Egypt's emergency provisions have been in force since President Mubarek declared a national emergency in 1981. Under these emergency provisions, the president has almost limitless power to search and seize, order secret surveillance, confiscate property and close businesses. State Security Courts oversee violations of these emergency orders.
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There are three main types of crimes in Egypt: violations, misdemeanors and felonies. The death penalty exists in Egypt for certain felonies however it is rarely handed down as a sentence.
  
==Sources of Defendant's Rights==
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==Sources of Defendants' Rights==
  
The Constitution was approved on August 1945, subsequently abrogated in the ‘50s and restored in July 1959. The Constitution was last amended in 2002. The document grants few rights related to judicial proceedings, such as the independence of the judiciary, the equality before the law, the prohibition of ex post facto laws, and the right to life and to be free from punishments. The death penalty, however, is still practiced. Articles 28I and 28G Constitution grant the right to remain free from torture or inhuman and degrading treatment and state that this is a “''fundamental human rights that shall not be curtailed under any circumstance''.
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The 1971 Constitution grants certain rights to the criminally accused. However, emergency laws which trump even the Constitution, have meant that these provisions have a limited effect.
  
The Law of Criminal Procedure was adopted in 1981, and it provides different rights to defendants
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For instance, the Egyptian Constitution Articles 165-168 hold that
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<blockquote>Individual freedom is a natural right not subject to violation except in cases of [[In Flagrante Delicto| ''flagrante delicto'']]...[n]o person may be arrested, inspected, detained or have his freedom restricted in any way or be prevented from free movement except by an order necessitated by investigation and the preservation of public security.<ref> Constitution of Egypt Arts. 165-168</ref></blockquote>
  
==Defendant's Rights==
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==Defendants' Rights==
 
====Pre-Trial====
 
====Pre-Trial====
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With the exception of [[In Flagrante Delicto|flagrante delicto]] cases, an arrest warrant or summons must be issued in order to effect an arrest.
  
A warrant is requested in case of arrest, except in cases of flagrante delicto. An arrest can be made only when a person is strongly presumed to have committed an offense based on sufficient preliminary evidence. The arrest cannot last more than 24 hours. At the time of arrest the arrestee has a right to notice of the charges. This right also applies during court procedures.
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Statements that are compelled through physical or moral harm or threat of harm are inadmissible.
  
During detention, a suspect or an accused has the right to contact his legal counsel, send and receive from him documents (Articles 57,62 Law of Criminal Procedure). He has also the right to be visited by a doctor, his family, and relatives.
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There is no explicit Constitutional [[Right to Non Self-Incrimination| right to silence]] in Egypt, however the concept exists in court decisions as well as the Egyptian Criminal Procedure Code.
  
During examinations, the accused has the right to have a counsel and be free from any pressure whatsoever.
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While the Egyptian Code provides for a preliminary hearing by a judge, in practice this hearing is typically conducted exclusively by a prosecutor who then decides whether to continue with prosecution. Once formally charged, the defendant is brought before a judge.
 
 
Pre trial detention requires a warrant or an order from the investigator, prosecutor, or judge. The warrant can be executed when a person is strongly presumed to have committed an offense, when there is sufficient evidence and there is concern that this person will escape, damage, or destroy physical evidence and/or repeat the offense. The offenses that can justify such detention must be punishable with 5 years or more of imprisonment. The detention warrant is valid for 120 days at the most, depending on who ordered it first. The suspect, his family, or legal counsel may file objections to the detention with the investigator conducting the examination.
 
  
 
====Trial====
 
====Trial====
  
At the trial-phase, a notification to attend the hearing shall be made with a written summon which has to be received from the accused at least 3 days before the commencement of the trial. The prosecutor has to read his bill of indictment aloud, and the judge must ascertain that the accused has thoroughly understood.
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Defendants have the right to effective assistance of counsel at trial and possibly in some pre-trial hearings as well.
  
The rights to be assisted by a defense counsel and to file motions and raise objections, are granted in Articles 198 and 156 of the Law of Criminal Procedure.
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Violations and misdemeanor cases are heard in a single-judge court while felonies are heard in three-judge courts. There are no jurys or lay factfinders in Egypt. In minor cases defendants may plead guilty or resolve conflicts through settlement agreements with the victims. Defendants have the [[Right to Compulsory Process]] and may call their own witnesses.
  
The testimony of the accused is considered a legal mean of proof, and leading questions cannot be used during his examination (Articles 148 and 166 Law of Criminal Procedure).
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Egyptian courts have recognized that the defendant has the [[Presumption of Innocence]] as well as the right to a fair trial under the [[Universal Declaration of Human Rights]]
  
A judge must not impose a penalty upon a person except when, with at least two legal means of proof, he has come to the conviction that an offense has truly occurred and that it is the accused who is guilty of committing it.
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====Post-Conviction====
  
====Post-Conviction====
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A defendant must file appeal within 10 days of judgement.During these appeals the court may rehear witnesses and even reopen investigations. The prosecution may also appeal a trial court judgement of innocent, althorugh the court must be unanimous to reverse such a lower court holding. After the initial appeal, defendants may appeal to the Court of Cassation. This court rules only on matters of law.
  
The accused, his counsel, and the public prosecutor have the right to appeal against a judgment of a court of first instance, except against a judgment of acquittal or a dismissal of all charges which relates to a matter of the inappropriate application of law, and a judgment under express procedures (Articles 67 and 233 Law of Criminal Procedure). The accused or the public prosecutor may also lodge a petition for cassation to the Supreme Court with regard to a judgment in a criminal case, rendered at last resort.  
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[[Ineffective Assistance of Counsel]] is a valid grounds for appeal for felony cases. The standard is whether the lawyer provided a "Genuine" defense as opposed to a "token" one. Other post-judgement appeals may be founded on conflicts of interest and inadequately expereinced counsel.
  
Moreover, the Law of Criminal Procedure provides the possibility for a convicted person or his heirs to submit a request to the supreme court to reconsider a final judgment (except for an acquittal or dismissal of charges), on the following grounds: new circumstances which give rise to a strong presumption that if they would have been know at trial, the outcome would have been an acquittal/dismissal; the matter or the circumstances founding the judgment are evidently mutually contraddictory; or clear mistake of the judge or manifest error.
 
  
 
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*2009 Prison Population: 64,378 prisoners including pre-trial detainees and remands.
 
*2009 Prison Population: 64,378 prisoners including pre-trial detainees and remands.
  
 
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==Notes==
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<references/>
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{{Languages|Egypt}}
 
__NOTOC__
 
__NOTOC__

Latest revision as of 12:02, 4 November 2016

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LAWS OF EGYPT

LEGAL TRAINING RESOURCE CENTER

Background

Egypt is the 30th largest country in the world in terms of land size even though the vast majority of the 79 million citizens live in the fertile Nile Valley region.

President Mohamed Hosni Mubarek has ruled Egypt since 1981. He assumed power after the assassination of President Mohammed Anwar El-Sadat.

Type of System

Egypt's criminal justice system is modeled after the French system. The central sources of law include the 1950 Code of Criminal Procedure. The 1971 Constitution, as interpreted by the Supreme Constitutional Court, supersedes all administrative and legislative laws regarding criminal law and procedure.

Criminal matters may also be resolved in alternative venues such as the military courts (established in 1966) and administrative courts.

In addition, Egypt's emergency provisions have been in force since President Mubarek declared a national emergency in 1981. Under these emergency provisions, the president has almost limitless power to search and seize, order secret surveillance, confiscate property and close businesses. State Security Courts oversee violations of these emergency orders.

There are three main types of crimes in Egypt: violations, misdemeanors and felonies. The death penalty exists in Egypt for certain felonies however it is rarely handed down as a sentence.

Sources of Defendants' Rights

The 1971 Constitution grants certain rights to the criminally accused. However, emergency laws which trump even the Constitution, have meant that these provisions have a limited effect.

For instance, the Egyptian Constitution Articles 165-168 hold that

Individual freedom is a natural right not subject to violation except in cases of flagrante delicto...[n]o person may be arrested, inspected, detained or have his freedom restricted in any way or be prevented from free movement except by an order necessitated by investigation and the preservation of public security.[1]

Defendants' Rights

Pre-Trial

With the exception of flagrante delicto cases, an arrest warrant or summons must be issued in order to effect an arrest.

Statements that are compelled through physical or moral harm or threat of harm are inadmissible.

There is no explicit Constitutional right to silence in Egypt, however the concept exists in court decisions as well as the Egyptian Criminal Procedure Code.

While the Egyptian Code provides for a preliminary hearing by a judge, in practice this hearing is typically conducted exclusively by a prosecutor who then decides whether to continue with prosecution. Once formally charged, the defendant is brought before a judge.

Trial

Defendants have the right to effective assistance of counsel at trial and possibly in some pre-trial hearings as well.

Violations and misdemeanor cases are heard in a single-judge court while felonies are heard in three-judge courts. There are no jurys or lay factfinders in Egypt. In minor cases defendants may plead guilty or resolve conflicts through settlement agreements with the victims. Defendants have the Right to Compulsory Process and may call their own witnesses.

Egyptian courts have recognized that the defendant has the Presumption of Innocence as well as the right to a fair trial under the Universal Declaration of Human Rights

Post-Conviction

A defendant must file appeal within 10 days of judgement.During these appeals the court may rehear witnesses and even reopen investigations. The prosecution may also appeal a trial court judgement of innocent, althorugh the court must be unanimous to reverse such a lower court holding. After the initial appeal, defendants may appeal to the Court of Cassation. This court rules only on matters of law.

Ineffective Assistance of Counsel is a valid grounds for appeal for felony cases. The standard is whether the lawyer provided a "Genuine" defense as opposed to a "token" one. Other post-judgement appeals may be founded on conflicts of interest and inadequately expereinced counsel.



See Criminal Justice Systems Around the World

QUICK FACTS

  • 2009 Prison Population: 64,378 prisoners including pre-trial detainees and remands.

Notes

  1. Constitution of Egypt Arts. 165-168
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