Criminal
A French-model penal code, with military and emergency jurisdiction over civilians
The Penal Code of 1937 and the 1950 Criminal Procedure Code follow the French inquisitorial model. Counter-terrorism legislation and Article 204 of the constitution allow military trial of civilians in defined cases.
Key rules
- Jurisdiction — Ordinary criminal courts in three tiers, plus State Security Emergency Courts when a state of emergency is in force and military courts under Article 204.
- Deadline — Prosecution must bring a detainee before a judge within 24 hours
- Deadline — Pre-trial detention is renewable in defined increments subject to statutory maxima
Governing law
- Penal Code, Law 58/1937
- Criminal Procedure Code, Law 150/1950
- Counter-Terrorism Law 94/2015
- Law 136/2014 on protection of public facilities
In practice
Investigation is led by the Public Prosecution, which functions as an investigating authority rather than merely as a trial advocate, so the decisive stage of an Egyptian criminal case is often the prosecutorial investigation rather than the hearing. Pre-trial detention has statutory limits but renewal in successive periods has been the subject of sustained criticism, and the practical duration can be long. The 2015 Counter-Terrorism Law defines terrorist acts broadly and carries enhanced penalties and procedural departures. Judgments of the State Security Emergency Courts are not subject to ordinary appeal and require ratification by the President, which is a structural difference from the ordinary hierarchy rather than a detail.