Criminal Law in Egypt

Egypt’s criminal justice system is a civil-law system built on codified statutes (not common-law precedent). The cornerstone is the Penal Code (Law No. 58 of 1937, as amended) together with the Criminal Procedure Code (Law No. 150 of 1950) and other laws. Egypt’s modern legal framework is rooted in its 2014 Constitution, which declares the rule of law supreme and provides that “punishment is determined by the laws in force”. In practice, this means no one can be punished without a written law (nullum crimen nulla poena sine lege). The system is heavily influenced by the French Napoleonic model – statutes are detailed, and judges have limited powers to interpret. High court judgments (especially the Court of Cassation) carry persuasive weight, but not binding precedent. In sum, criminal law in Egypt is statutory: its primary sources are the Constitution, the Penal Code and related statutes, and implementing regulations, with judicial decisions used to clarify vague points.

Egyptian Penal Code

Egypt’s Penal Code (1937) sets out the offenses and punishments. It divides crimes into three levels of seriousness: felonies, misdemeanors, and contraventions (minor infractions). Felonies (in Arabic jinaāt*) are the most serious, punishable by imprisonment (often 3 years or more), “rigorous” (hard) imprisonment, life sentences, or even death:contentReference[oaicite:5]{index=5}. Misdemeanors (*jaraaim) are punishable by shorter terms (up to 3 years) or medium-level fines. Contraventions are the least serious, punished only by relatively small fines. The type of crime is usually determined by the maximum penalty in law. For example, murder, rape, and high-value armed robbery are felonies; simple theft or fraud are usually misdemeanors; and minor violations (like traffic infractions) are contraventions. Throughout the Code, each crime’s definition is followed by a prescribed penalty range. Egypt’s laws also prohibit retroactively criminalizing conduct: a person cannot be punished for an act that was not a crime when committed. In other words, under Egyptian law no new criminal law can reach back to punish past behavior.

Legality and Non-Retroactivity

A foundational principle of Egyptian criminal law is the legality principle: there is “no crime, no punishment without a law” in place at the time of the act. This means every crime and penalty must be based on a written statute. Neither the Penal Code nor any criminal statute can be applied retroactively. If a law is amended, only the version in force at the time of the offense governs. Likewise, even constitutional provisions (such as the guarantee of personal liberty) are understood to prohibit ex post facto punishments. For example, new harsher penalties cannot be imposed for conduct after the fact, nor can a lawful act be later deemed criminal. This principle protects individuals from unpredictable changes to the law and is consistent with Egypt’s civil-law heritage. (While Arabic legal terminology differs, it mirrors the Latin “nullum crimen, nulla poena sine lege.”)

Classification of Crimes

Crimes are classified by the nature of the act and the severity of punishment they carry. Broadly, Egyptian law recognizes:

• Crimes Against the Person: offenses like homicide, assault, kidnapping, sexual violence, etc. These crimes typically carry the harshest penalties. For example, murder can be punished by long imprisonment or even the death penalty (especially aggravated murder), depending on the circumstances.

• Crimes Against Property: offenses such as theft, robbery, extortion, embezzlement, fraud, arson, and damage to property. Theft in Egypt ranges from petty larceny (misdemeanor) to large-scale robbery (felony), with penalties from months in jail to several years.

• Economic and Financial Crimes: white-collar offenses like corruption, bribery, forgery of documents, money laundering, counterfeiting currency, insider trading, and financial fraud. Many of these are codified in the Penal Code (e.g. forgery and fraud) or in special laws (e.g. anti-money laundering law). They can carry severe fines and imprisonment. (For instance, bribery of public officials is explicitly outlawed by Articles 103–111 of the Penal Code, with punishments including imprisonment and fines.)

• Drug and Narcotics Crimes: Egypt has stringent drug-control laws (originally Decree-Law 182/1960, amended several times, including Law 122/1989). These prohibit production, trafficking, and possession of controlled substances. Penalties are very stiff: major trafficking can mean life imprisonment or even death. For example, a 2019 amendment allowed the death penalty for trafficking certain drugs and life terms plus heavy fines for large-scale possession. Lesser drug offenses (simple possession for personal use) still carry multi-year prison terms and fines. Overall, Egypt treats narcotics crimes very harshly compared to many countries.

Each category of crime is treated by Egyptian judges in dedicated courts (theft cases go to a district misdemeanors court, serious felonies to a criminal court, etc.), reflecting the crime’s classification. The stages of a crime – preparation, attempt, completion – are also recognized. Egyptian law typically punishes both completed crimes and attempts (as long as the attempt is beyond mere preparation). An attempted felony usually carries a lighter punishment (often reduced by half), but is still criminal. Inchoate crimes like solicitation or conspiracy are likewise punishable if they involve concrete steps toward the offense.

Criminal Liability

To convict someone, the prosecution must prove all elements of criminal liability under Egyptian law. These elements mirror those in most criminal systems:

• Actus Reus (Guilty Act): There must be a voluntary physical act or criminal omission prohibited by law. The act must produce the prohibited result (e.g. injury, loss, death). Simply thinking about a crime is not punishable – there must be an overt act or omission.

• Mens Rea (Guilty Mind): The defendant must have the required mental state. Egyptian law recognizes various levels of intent, from deliberate intention to deliberate disregard of risk (similar to recklessness). For most serious crimes, deliberate intent is required. In some cases negligence can suffice (for example, negligent homicide).

• Causation: There must be a direct causal link between the defendant’s act and the criminal harm. The prosecution must show that the act was the substantial cause of the result. If an independent factor caused the harm, liability may not attach.

Defenses can negate liability. Egyptian law provides for excuses and justifications such as self-defense, necessity, insanity, mistake, duress, etc. For instance, a person acting in genuine self-defense against an imminent threat may not be liable for what would otherwise be an assault. Similarly, those who lack capacity (insanity) or act under coercion (duress) can have their liability reduced or eliminated. Notably, Egyptian courts often allow a broad reading of self-defense and duress in practice.

Corporate Liability

Egypt allows legal entities (companies, organizations) to face criminal charges. Under Egyptian law, a corporation can be held responsible for crimes committed by its management or employees in the course of business. However, corporate prosecutions are relatively rare. Courts usually still punish the individuals who committed the act. When a company is convicted, penalties can include large fines, dissolution of the entity, or deprivation of certain business rights (for example, being barred from government contracts). Importantly, corporate liability does not shield individuals – the actual perpetrators can also be tried.

Criminal Procedure in Egypt

Egyptian criminal procedure (primarily Law 150 of 1950) governs how suspects are investigated, prosecuted, and tried. The system emphasizes written procedures and active role of prosecutors (rather than adversarial pleadings). Key features include:

• Investigation and Public Prosecution: Criminal cases are initiated and led by the Public Prosecution (النيابة العامة), which serves as the state’s prosecutor. When a crime is reported or discovered, the prosecution conducts the preliminary investigation: it authorizes police to search, arrest, or gather evidence, and it interrogates suspects. The prosecutor has broad authority. He or she gathers all evidence and then decides whether to bring formal charges. In effect, the prosecutor is the gatekeeper – no felony or misdemeanor case goes to trial unless the Public Prosecution “brings the case before the proper tribunal” with sufficient evidence.

• Rights of the Accused: Once charged, an accused person enjoys certain procedural rights (though Egypt’s system is not as rights-based as some Western systems). The Criminal Procedure Code explicitly grants the right to legal counsel, the right to remain silent, and the right to a fair public trial. In practice, a suspect has the right to consult an attorney during interrogation (though in reality this right is sometimes delayed). Courts cannot compel a defendant to testify against himself. At trial, the accused can present a defense, cross-examine witnesses, and call his own witnesses. Article 94 of the 2014 Constitution also guarantees fair trial protections, speedy proceedings, and humane treatment of detainees. Appeals and cassation (appeal to the Court of Cassation) provide additional safeguards if a court errs.

• Bail and Pretrial Detention: Under Egyptian law, defendants do not have an absolute right to bail, but judges or prosecutors can release suspects on bail in many cases. During the investigation stage, the Public Prosecution or examining judge may order detention. However, at any time the prosecutor “may release the accused on bail” and the judge can do the same. In practice, serious crimes often lead to remand in custody (the prosecutor routinely requests it), and judges rarely grant bail in political or terrorism cases. But for lesser offenses (especially misdemeanors), authorities frequently set bail (a monetary guarantee) to secure the suspect’s appearance. If bail is posted, the accused is released pending trial.

• Arraignment and Trial: If the prosecution believes the evidence is sufficient, it formally refers the case to court. This triggers the trial phase. Depending on the crime’s seriousness, cases are tried in either the Criminal Court (for felonies and serious misdemeanors) or a District (Misdemeanor) Court for minor offenses. At trial, a panel of judges (no jury exists in Egypt) presides. The prosecution presents witnesses and evidence first, followed by the defense. The accused may confess or plead guilty – in that case the court may accept the plea and issue a verdict without lengthy evidence. Otherwise, the court examines witnesses for both sides. The trial is largely inquisitorial: judges may ask questions.

• Appeal: Convicted defendants have the right to appeal as of right. Appeals go to higher courts (Court of Cassation is the final appellate body). Appellants can challenge both factual and legal issues. Very serious cases (e.g. death sentences) automatically undergo Cassation review. If an appeal succeeds, the case can be retried or the sentence modified.

Throughout, prosecutors have a quasi-judicial role. The Public Prosecution not only initiates cases, it also oversees that investigations respect procedure and legal limits. In effect, the prosecutor is the key actor at the start of a criminal case. All criminal charges in Egypt are, in name, brought by the state (the prosecution) – private citizens may report crimes, but only the Public Prosecution can actually file charges and request a trial. Once in court, the Public Prosecution acts as one party (prosecutor). The judges and prosecution coordinate; trials tend to be more like examinations than adversarial contests.

Egypt has a long legal heritage and many trained jurists. (Above: a 1909 portrait of Egyptian legal practitioners from a contemporary publication.) Today’s judges and lawyers stand on this tradition. Modern courtrooms in Cairo and Alexandria mirror the civil-law model. During trials, criminal defendants sit beside their lawyers before career judges. Witnesses are questioned in front of the panel, and legal argument follows. By the end of the trial, the judges issue a written judgment, citing the applicable Penal Code articles and evidence. This verdict can then be appealed to a higher court, ensuring another layer of review.

Punishments and Sentencing

Egyptian courts have a wide range of penalties available. The Penal Code itself lists each crime’s punishment, which may include:

• Imprisonment: The most common penalty. Ranges from a few months for minor offenses up to life imprisonment for serious felonies. (Egypt also distinguishes “rigorous imprisonment” vs. ordinary prison.)

• Fines: Monetary penalties. For contraventions, fines are the only penalty. For other crimes, fines can be imposed alongside or instead of imprisonment in lesser cases.

• Additional penalties: Judges can impose ancillary punishments for certain crimes. For example, a bribery conviction also triggers deprivations of civil rights (ban on public service, holding office, etc.). Other ancillary penalties may include confiscation of the defendant’s assets or a ban on certain activities.

• Capital punishment: The death penalty remains on Egypt’s books for select crimes. The Penal Code prescribes death for some serious felonies (e.g. premeditated murder with special circumstances, some political/terrorism crimes, or large-scale drug trafficking). However, in recent years Egypt has seldom carried out executions. Under a 2019 amendment, drug trafficking crimes attract capital sentences, though actual use of the death penalty even in drug cases has been limited.

Sentencing is determined by law. For each crime, the Code provides a minimum and maximum punishment. The judges consider factors like the offender’s intent, harm caused, and any aggravating/mitigating circumstances. In principle, sentences should fit the crime’s gravity: petty thieves get months in jail, serious assault (e.g. disfiguring another) can yield years. Rape and murder are punishable by long terms or death. The Code also allows mitigation (for first offenders or regretful culprits) and requires that ambiguous laws be interpreted in the defendant’s favor.

Penalties for specific crimes: Some topics are particularly notable. For drug-related offenses, the law is especially harsh. Trafficking or smuggling narcotics often carries life imprisonment or death (especially for synthetic drugs). Even possession for sale is life or decades plus heavy fines. By contrast, a person caught with a small amount “for personal use” may face a year or two in prison and thousands of dollars in fines.

Bribery and corruption are explicitly criminalized in multiple provisions. Any public official who solicits or accepts a bribe is punishable by imprisonment (often 5–7 years) and forfeiture of office. A private citizen offering a bribe to an official is also liable for imprisonment. In practice, authorities take bribery seriously: convictions lead to jail terms and fines (and sometimes dismissal of public servants). Note that, unlike some countries, Egypt currently has no comprehensive corporate bribery law; penalties target the individuals.

For terrorism and state-security crimes, Egypt’s approach is very strict. Under broad anti-terror laws (especially Law 94/2015), many acts can be deemed “terrorist”. Facilitating, financing, or even just “agreeing” with a terrorist group can be punished by the same penalties as the underlying crime. These laws carry long prison terms and even allow death sentences for certain terrorism convictions. Military courts are sometimes used for suspects accused of endangering state security (though legally only military personnel should go to military courts). In short, terrorism is one of the harshest areas of Egypt’s law, with few procedural protections in practice.

Foreigners who commit crimes in Egypt are subject to the same penalties as Egyptians. There is no immunity for non-citizens (absent diplomatic status). In fact, in recent years, many foreign nationals have been prosecuted under ordinary criminal laws – for example, foreign tourists or expatriates charged with drug possession, sexual assault, or other crimes. A foreign defendant has the same basic rights at trial (counsel, appeal) as an Egyptian national, but language barriers and lack of consular support can be issues. If convicted, a foreigner serves any imposed sentence in an Egyptian prison (subject to international prisoner-transfer treaties in some cases).

Human Trafficking: Egypt’s laws against human trafficking were strengthened in 2010. Law No. 64/2010 prohibits all forms of trafficking in persons for labor or sex exploitation. Traffickers face lengthy prison terms — generally from 3 to 15 years — with the possibility of life imprisonment if there are aggravating factors (such as trafficking children or organizing an international ring). Large fines supplement the prison sentence (for example, up to USD 36,000). These penalties were designed to be as severe as those for rape or other violent crimes. In recent practice, Egyptian courts have convicted traffickers (including some “marriage broker” rings) and given prison terms consistent with the law. Victims of trafficking are supposed to be identified and protected, though enforcement and victim services remain a work in progress.

In summary, Egypt’s criminal sanctions are comprehensive: from monetary fines for minor infractions up to life and death for the worst crimes. The Criminal Procedure Code ensures that convicted persons can appeal and have their sentence reviewed. The overall trend in recent years has been toward stricter enforcement (especially against drugs, corruption, and terrorism), and the use of harsh sentences as a deterrent.

International and Comparative Aspects

Egypt’s criminal law, while homegrown, also reflects international norms in many areas. Egypt is a signatory to key international treaties that influence its laws, such as the UN Conventions on Narcotic Drugs, on Corruption (UNCAC), and on Transnational Organized Crime (which includes anti-trafficking measures). For example, the tough penalties for drug trafficking echo Egypt’s obligations under the 1961 Single Convention on Narcotics. However, Egypt is not a member of the International Criminal Court, and it retains some laws (like capital punishment) that have been abolished in many Western countries.

Comparatively, Egypt’s system is civil-law rather than common-law. Unlike the U.S. or U.K., Egypt has no juries; judges decide guilt. The written constitution and codes (rather than judicial decisions) are the ultimate authority. In practice, this leads to more reliance on official prosecutorial investigation and written evidence. On human rights, Egypt’s rules on arrest and detention are weaker than in many democracies; suspects in practice can be held long without judicial review (a criticism raised by international observers).

In terms of substantive law, many penalties align with regional norms. For instance, capital punishment is still available in Egypt (as in several Middle Eastern countries), whereas the EU and much of the Americas have abolished it. Some cultural aspects (like mandatory divorce for married women convicted of certain sex crimes) stem from Egyptian interpretations of family law and religion; these differ markedly from Western legal practices. On the other hand, Egypt’s recognition of corporate criminal liability and appeals for defendants reflect modern legal trends found in other countries.

Overall, Egypt’s criminal law is a hybrid: codified and secular in form, but applied in a political context. For an international company or foreigner, it is crucial to understand that Egypt’s laws are applied vigorously and often harshly, especially in areas flagged by international concern (drugs, corruption, security). The legal framework itself is not secret or arbitrary: it is published and detailed. But under Egypt’s current regime, enforcement priorities and procedural rules (like extended detentions for national security cases) can reflect national policy as much as legal doctrine.

Key Takeaways:

• Egypt’s criminal system is based on statutes; its Penal Code (1937) and Criminal Procedure Code (1950) define all crimes and procedures.

• Crimes are categorized as felonies, misdemeanors, or contraventions, with penalties scaling accordingly.

• The Public Prosecution has central control of criminal cases – it investigates, detains suspects, and brings charges. Only the prosecutor can formally indict.

• Accused persons have basic rights (attorney, silence, fair trial), but practice and safeguards can be uneven, especially under security laws.

• Bail is discretionary: prosecutors or judges may release defendants on bail, but it is rarely granted in terrorism or high-profile cases.

• Sentences range from fines up to life or death. Drug trafficking and terrorism attract the harshest penalties (even death). Bribery and corruption result in prison and ancillary penalties.

• Egypt’s law on trafficking prescribes severe penalties (multi-year to life terms), reflecting international standards against human trafficking.

• In comparison to other systems, Egypt’s criminal justice is more prosecutor-driven and less adversarial. Its laws increasingly incorporate global anti-corruption and anti-trafficking norms, but its enforcement and use of extreme penalties set it apart from many Western jurisdictions.