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HomeNewsAmendments to Egypt's Criminal Procedure Law

Amendments to Egypt’s Criminal Procedure Law

As part of its efforts to modernize and reform the criminal justice system, the Egyptian Parliament approved 398 articles of the draft amendments to the Criminal Procedure Law during its general session on February 10, 2025. These amendments aim to address contemporary legal challenges and strike a balance between enhancing criminal justice and ensuring the protection of individual rights and freedoms.

The session was attended by several high-ranking officials, including the Minister of Parliamentary and Legal Affairs, the Minister of Justice, representatives from the Ministry of Interior, the Senate, the Supreme Judicial Council, the Bar Association, and the National Council for Human Rights. Several key provisions were discussed, focusing on expediting legal procedures and strengthening fair trial guarantees.

Among the most significant amendments was the revision of Article 339, which now grants the summary judge the authority to issue orders for placing defendants suffering from psychological or mental disorders under observation instead of the Misdemeanor Appeals Court. This amendment aims to speed up procedures and reduce the burden on higher courts, allowing for quicker handling of such cases.

Additionally, Article 340 was modified to extend the appeal period for placement under observation from 24 hours to 48 hours, giving defendants more time to challenge these decisions, particularly when issued during official holidays.

Parliament approved amendments to Article 357, granting courts the authority to review appeals concerning the fees of appointed attorneys to support court-appointed lawyers and strengthen their role in providing legal defence for those unable to afford it. This change encourages more lawyers to accept these cases while ensuring fair compensation.

Amendments also included Article 365, which reinforced the necessity of formally notifying defendants of their court summons and indictment orders. This ensures they have adequate time to prepare their defence, thus upholding the principles of a fair trial and preventing any loss of their legal rights.

On the other hand, certain provisions of the proposed law have sparked concerns among human rights organizations, particularly those related to the monitoring of personal communications, including social media platforms and emails. Various organizations and professional unions, such as the Bar Association and the Journalists’ Syndicate, have voiced their opposition to these amendments, arguing that they could pose a threat to personal freedoms and grant authorities excessive powers to track individuals without sufficient legal safeguards.

In response, the government has insisted that these amendments are part of legislative updates aimed at combating cybercrimes and enhancing national security. Officials emphasized that the changes do not seek to restrict freedoms but to balance protecting rights and maintaining state stability. They also highlighted that these reforms align with the 2014 Constitution and Egypt’s National Human Rights Strategy. Ongoing parliamentary discussions are expected to refine the amendments further to ensure their compatibility with constitutional principles and the requirements of justice.

As debates continue within Parliament, some provisions are likely to undergo further deliberation before the final version of the law is enacted, particularly those related to electronic surveillance and fair trial guarantees.

Upcoming sessions may introduce additional revisions based on recommendations from legal institutions and human rights organizations to achieve a fair balance between security measures and individual freedoms.

Ultimately, these amendments mark an important step in Egypt’s legal modernization efforts, but they remain subject to ongoing debate and development to ensure that justice is upheld and public confidence in the judicial system is strengthened. The coming days will reveal how these discussions unfold and what final shape the law will take.

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