Personal Crime Law in Egypt: A Comprehensive Guide for Expats

Foreigners and expatriates in Egypt should understand that “personal crimes” (often called crimes against the person) encompass offenses targeting an individual’s life, body, liberty, or dignity. Egypt’s Penal Code (1937) does not explicitly use the phrase “personal crimes,” but it classifies crimes against the person (homicide, assault, kidnapping, sexual violence, etc.) as a category with the harshest penalties. In contrast, crimes against property or the state are separate categories. Under Egyptian law, each crime’s punishment is defined in the statutes. For instance, murder can lead to life imprisonment or even the death penalty. In general, Egypt recognizes the principles of legality and mens rea: you cannot be punished for an act unless it’s defined as a crime by law, and the prosecution must prove the guilty act and guilty mind.

Egypt’s Constitution also enshrines legal safeguards: Article 95 states that “crimes and penalties may only be based on the law” and no laws apply retroactively. The 2014 Constitution’s Article 99 further emphasizes that any assault on a person’s life, liberty, or dignity is a crime “with no statute of limitations,” and the victim may bring a direct complaint. In practice, this means certain personal crimes are considered so serious that they can be prosecuted at any time and victims can press charges even if the state prosecutor does not.

Key Types of Personal Crimes: The most common categories include Crimes Against Life (homicide, murder), Crimes Against Bodily Integrity (assault, battery, grievous injury), Crimes Against Personal Freedom (unlawful detention, kidnapping, trafficking), Crimes Against Honor and Reputation (defamation, “honor” killings), and Sexual and Morality-Related Crimes (rape, sexual assault, sexual harassment, FGM, adultery). Each of these is treated as a felony or serious offense under the Penal Code, carrying stiff penalties. Egyptian criminal law reflects civil-law principles (no juries, written codes) and international norms through treaty obligations.

Crimes Against Life

The gravest personal crime is murder (intentional killing). Under the Penal Code, premeditated murder is punishable by death. In fact, Egypt’s law prescribes the death penalty for “premeditated murder, deliberate homicide by poisoning, or homicide committed during another felony,” among other cases. Lesser homicide (killing without intent to murder) still carries heavy sentences. For example, Article 236 punishes intentionally wounding someone without intent to kill but resulting in death by 3–7 years of imprisonment or hard labor.

Even unintentional killings are criminal: negligent homicide (such as a fatal traffic accident or medical malpractice resulting in death) is punishable under Articles 234 and 235. Egyptian law recognizes that a person may be criminally liable for negligence if it causes death. In summary, murder or causing death — whether deliberate or negligent — leads to very severe penalties (life or death for murder, multi-year terms for homicide). Egyptian courts apply these rules strictly, though in recent practice execution of death sentences has been rare.

Crimes Against Bodily Integrity

Bodily harm offenses are graded by severity in the Penal Code. Simple assault (non-consensual touching without serious injury) may be a misdemeanor, but aggravated assault is a felony. Article 236 criminalizes intentionally wounding or beating someone (or causing serious injury) even if there was no intent to kill. Depending on the circumstances, the punishment ranges from a few years to hard labor. For example, if an assault causes death without intent, the penalty is hard labor or 3–7 years’ imprisonment, more if the assault was premeditated.

The Penal Code defines gradations of injury. Article 240 punishes any act that results in permanent disability (e.g. blindness or loss of a limb) with 3–5 years’ jail; if the act was willful or premeditated, the term can increase up to 10 years. Article 241 covers moderate injuries causing incapacity over 20 days: basic punishment is up to 2 years’ detention or a fine, rising if premeditated or done with a weapon. Lesser battery (Article 242) without lasting harm carries up to 1 year or a fine. In effect, the more severe the injury or intent, the harsher the sentence. (By comparison, simple assault not causing significant harm would be a minor crime.)

Examples: A fight that accidentally kills someone can be prosecuted as involuntary manslaughter (with jail time). A drunken driver who negligently causes death faces criminal charges as well (negligent homicide). By contrast, a skilled surgeon who negligently causes serious injury to a patient could face charges under these same provisions if the negligence rises to the level of recklessness. Egyptian courts have indicated that gross medical negligence resulting in harm can lead to criminal liability; the law treats it like other negligent acts against the person.

Crimes Against Personal Freedom

Egyptian law strongly protects personal liberty. Any kidnapping, unlawful detention, or hostage-taking is criminalized. Article 280 of the Penal Code punishes anyone who arrests, confines or detains a person without legal authority or beyond the circumstances allowed by law. Violators face detention or fines. Similarly, Article 281 punishes anyone who knowingly rents or lends a place for someone’s illegal detention. In short, holding someone against their will without proper legal cause is a crime.

Kidnapping of minors or adults carries even stiffer penalties. The Penal Code distinguishes between cases involving deceit or force. For instance, Article 288 punishes cunning or forcible kidnapping of a boy under 16 with hard labor. Kidnapping a child even without force (Article 289) carries 3–10 years (up to labor if the child is female). Article 290 imposes permanent hard labor for kidnapping an adult female by force; if the abduction involves rape, the sentence is deathlaw.cornell.edu. (These penalties reflect Egypt’s historical concern for protecting women and children.)

In addition, human trafficking is strictly outlawed. Egypt’s anti-trafficking Law No. 64/2010 criminalizes any trade in humans for exploitation (sexual or labor). The law defines trafficking broadly (sale, transport, harboring of persons by means of force, deception, or abuse of vulnerability). Offenders face severe punishments: generally 3–15 years in prison and hefty fines, rising to life imprisonment if aggravating factors are present (e.g. organized criminal groups, violence, child victims). These penalties are on par with those for rape or kidnapping. Despite strong laws, trafficking remains a problem in Egypt (as in many countries), but convictions do occur under these provisions.

Threats, Intimidation and Coercion: Egyptian law also covers cases where people’s freedom is violated through threats or coercion. For example, an assault or detention that involves threats of violence can increase the penalty. (In the trafficking law, using threats or force to exploit someone is explicitly criminal.) Moreover, forcing a person to testify or obey through threats is itself criminalized under general assault provisions. In practice, an act combining a threat or intimidation with another crime (e.g. forcing someone to sign over property under threat) is treated as an aggravated offense.

Forced Labor and Slavery-Like Practices: Egypt’s Constitution (2014) explicitly bans slavery and forced exploitation. Article 89 declares “slavery and all forms of oppression and forced exploitation against humans are forbidden” and punishable by law. The penal code also penalizes aspects of forced labor. For instance, Article 117 criminalizes public officials who employ workers without pay (hard labor for officials, detention for others). Likewise, trafficking law covers “slavery or practices similar to slavery” as a form of exploitation. In short, any situation where a person is held in conditions akin to slavery or forced labor can lead to criminal charges.

Sexual and Morality-Related Crimes

Sex and morality offenses include rape, sexual assault, harassment, FGM, adultery, and other “honor”-related acts. The Penal Code imposes very severe penalties for sexual violence. Article 267 defines rape of a woman and prescribes rigorous imprisonment (hard labor). If the rapist is a relative or guardian, the term is “permanent” hard labor. (Rape of men is not addressed in that article, but Article 268 covers indecent assault of any person by force, punishing it by 3–7 years’ hard labor.) Article 269 punishes sexual acts with minors under 18 even without force, with imprisonment (or hard labor if the child is under 7 or the offender is a guardian). Notably, Article 290 states that kidnapping a woman carries permanent imprisonment, and if rape occurs the sentence is death. In practice, rape convictions carry long prison terms, and Egyptian society generally condemns sexual violence (though issues like evidence difficulties remain challenging).

Sexual Harassment: In recent years Egypt has toughened harassment laws. Sexual harassment (unwanted sexual advances or abuse) was criminalized in 2014 and penalties were steepened in 2021. A Reuters report notes that in 2021 the minimum prison term for harassment was raised from 1 to 5 years, and aggravated cases (e.g. workplace harassment, use of weapons) carry at least 7 years. Heavy fines were also introduced (e.g. up to 300,000 EGP). Stalking and related offenses now carry similar enhanced penalties. These changes reflect growing awareness of harassment issues, although enforcement can still vary.

Female Genital Mutilation (FGM) is strictly banned. In 2021 Egypt passed Law No. 10/2021 making FGM a crime with severe sentences: 5 to 20 years’ imprisonment for anyone performing FGM. Even those who encourage or facilitate FGM can be prosecuted. This was a significant step reflecting international pressure to end FGM, which has been a widespread problem in Egypt.

Adultery and “Immorality”: Egyptian law historically criminalized adultery and certain consensual sexual relations (especially if connected to prostitution or extramarital sex) under various articles (e.g. Article 273 on adultery in marriage). While these are part of the penal code, they are less enforced in modern urban society. The Penal Code also outlaws prostitution and pornography. These morality laws are rooted in social norms and, in some cases, Sharia-inspired provisions. Foreigners should simply be aware that sexual conduct is more regulated; for example, indecent acts in public can lead to arrest.

Crimes Against Honor and Reputation

Egypt’s laws protect an individual’s honor and reputation criminally. Defamation (slander and libel) is punishable under Articles 302–307 of the Penal Code. Convicting someone of defamation can bring imprisonment (often up to one year) or fines if one falsely harms another’s reputation. There are harsher rules for certain cases: defaming a public official or accusing them of a crime can lead to heavier sentences, and insulting the state president or foreign heads of state is explicitly punishable (press offenses). Of particular note is Article 98(f), which makes “defaming a heavenly religion” or “insulting Islam” a crime carrying up to five years in prison. (This blasphemy provision is controversial and often criticized as a curb on free expression.)

Honor Killings: Egypt has no formal legal defense for “honor” murders, but in practice judges often give lenient sentences in such cases. Article 17 of the Penal Code grants judges broad discretion to reduce sentences under certain circumstances. In several reported cases, courts have cited “defending one’s honor” to justify markedly lower penalties for relatives who kill women (often with suspended sentences). Human rights advocates criticize this loophole. (There are occasional calls for reform to restrict Article 17’s use in violence-against-women cases.) Expats should note that, while not unique to Egypt, “honor-based” violence is taken leniently by some courts despite being illegal, reflecting cultural factors.

Defenses and Exemptions in Personal Crimes

Egyptian law provides many common criminal defenses. Notably, self-defense is widely recognized: a person acting to repel an imminent attack may avoid liability for what would otherwise be an assault. Likewise, necessity (e.g. breaking into a house to escape fire) can justify otherwise illegal acts. Insanity (lack of capacity) is an excuse: if a defendant is proven insane or mentally incapacitated, they may be acquitted or receive reduced penalties. Duress and mistake of fact are also listed excuses; for example, acting under credible threats can negate intent. In short, the Penal Code and legal precedent allow for excuses and justifications (insanity, duress, mistake, etc.) that can reduce or eliminate liability. These defenses work much as in other legal systems – though in practice applying them can be challenging (for instance, proving insanity requires psychiatric evaluation).

Two special notes: First, victims of some personal crimes have a direct role in prosecution. For “crimes against personal freedom,” the 2014 Constitution allows the injured party to file a private criminal suit. Second, Islamic sharia principles partly influence family-related crimes: for example, certain sex crimes can result in automatic divorce provisions or child custody changes. However, day-to-day criminal procedure is codified; only the laws of evidence and penalties draw occasionally on religious considerations (e.g. rules on adultery, which is in the Penal Code). Overall, a foreign defendant can expect access to counsel, the right to remain silent, and other standard rights, though enforcement of these rights may not always match Western norms.

Applicability of Egyptian Law to Foreigners

Principle of Territoriality: Egyptian criminal law primarily follows the principle of territorial jurisdiction. This means any crime committed within Egypt’s borders is prosecuted under Egyptian law, regardless of the offender’s nationality. Article 4 of the Penal Code (in practice) establishes that a foreigner who commits an offense in Egypt is subject to Egyptian courts just like any Egyptian national.

Foreigners accused of crimes in Egypt face the same legal process and penalties as Egyptians. They have the right to defense counsel and trial (though language barriers exist), and no special immunity applies (unless holding diplomatic status). In recent years, numerous expatriates and tourists have been arrested and tried under ordinary criminal laws (e.g. for drug possession or assault). If convicted, a foreigner serves the sentence in an Egyptian prison, unless transferred under an international prisoner-exchange treaty. Victims who are foreigners also can file criminal complaints in Egypt; there are no separate penalties for harming a foreign victim – assaulting anyone is a crime.

Principle of Nationality and Protection: Egyptian law can sometimes apply to crimes committed abroad if the victim or perpetrator is Egyptian, but these extra-territorial rules are narrow (e.g. certain terrorism or corruption). For the foreign reader, the key point is simple: Criminal acts in Egypt are judged by Egyptian law. You must abide by local statutes on personal conduct just as an Egyptian would, or face local criminal liability.

International and Comparative Context

Egypt’s criminal law is shaped by international norms and comparative models. It is a civil-law system (influenced by Napoleonic codes), not a common-law system. Judges play an active inquisitorial role (no juries), and laws are written statutes. Its penal system aligns regionally: for instance, many Middle Eastern and North African countries still have the death penalty, and Egypt retains it for heinous crimes. Egypt is not a member of the International Criminal Court, although it has signed important UN treaties (e.g. the UN Convention against Corruption and the UN Convention against Transnational Organized Crime, which includes anti-trafficking measures). For example, Egypt’s stringent drug trafficking penalties reflect its obligations under the 1961 UN Single Convention on Narcotics.

Compared internationally, Egypt has strengthened its laws in areas like human trafficking and corruption to meet global standards. The 2010 anti-trafficking law and recent anti-corruption initiatives mirror commitments to international protocols. However, critics note that procedural safeguards (bail, timely trials, due process) are weaker in practice than in many Western democracies. In summary, expats should know that while the laws are transparent and codified (everyone can read the Penal Code), enforcement and penalties can be strict. Compared to Western countries, expect fewer procedural protections during investigation, and potentially harsh punishments (including capital or labor sentences) for serious personal crimes.

Key Questions & Answers

How does the Penal Code define “personal crimes” in Egypt?

 In Egyptian law, there is no single term “personal crime,” but the code classifies crimes against the person as those harming an individual (life, body, freedom, honor). These include murder, assault, kidnapping, rape, etc. This category is recognized as carrying the harshest penalties.

What are the penalties for personal crimes in Egypt?

 Penalties depend on the offense. Egyptian judges must follow the ranges set by the code, considering intent and harm. Punishments span fines and short jail for minor battery, up to life or death for the worst crimes. Examples: Simple assault might be months in jail, whereas rape or murder can be punished by long imprisonment or even the death penalty. The code explicitly lists each crime’s punishment, from contraventions (fines) to felonies (imprisonment, labor, or death).

What is the punishment for murder in Egypt?

 Murder (premeditated homicide) is one of the few crimes carrying the death penalty under Egyptian law. Lesser murder and aggravated homicide also incur life sentences or lengthy hard-labor terms. In practice, Egyptian courts usually sentence murder to life imprisonment or death. (It’s worth noting that while death sentences are legally on the books, executions are infrequent in recent years.)

Is abortion a crime in Egypt?

 Yes. Egyptian law criminalizes abortion except in limited cases. Causing an abortion by violence or injury is punishable by rigorous (hard-labor) imprisonment. Providing abortifacient drugs or means (even with the woman’s consent) leads to imprisonment, and a woman obtaining an abortion herself faces jail under Article 262 (not shown above). Attempted abortion (without success) is not punishable. In short, abortion is generally illegal except to save the mother’s life, reflecting conservative social norms and penal code provisions.

Can medical negligence lead to criminal liability in Egypt?

 Yes. Egyptian law does punish criminal negligence in medical and other settings. The Penal Code does not have a unique “medical malpractice” article, but Articles 244–245 (for injury) and 238 (for death) cover negligent acts. In other words, if a doctor’s recklessness or gross negligence harms a patient, he or she can be charged under these general provisions. For example, if negligence causes serious injury, Article 244 can lead to up to one year’s jail. If death results, Article 238 carries 6 months to 5 years (or more if aggravated). Importantly, mens rea need not be intent; even negligence can suffice for liability. This means doctors have been criminally prosecuted for grievous errors (especially if they stemmed from gross recklessness) under the negligent homicide framework.

How is sexual harassment punished in Egypt?

 Sexual harassment is a crime and has recently become even more severe. Originally punishable by a minimum of one year in prison, a 2021 law raised the minimum to 5 years’ imprisonment. Fines were also increased (up to ~300,000 EGP). In cases involving a power imbalance (e.g. employer or family member harassing someone, or use of force), the minimum sentence goes up to 7 years. Stalking and other forms of gender-based harassment similarly carry multi-year terms. In short, harassment and related sex crimes are felonies in Egypt, with punishments comparable to those for serious assaults.

Does mental illness remove criminal liability in Egypt?

 Egyptian law recognizes insanity as a defense. If a defendant is found mentally incapacitated at the time of the crime, their criminal liability may be negated or lessened. For example, a person deemed insane may be acquitted, or convicted but receive treatment instead of punishment. The law explicitly allows courts to excuse or mitigate punishment for those lacking mental capacity. However, in practice this requires clear psychiatric evidence. If the court accepts the insanity plea, the result is usually hospitalization or another protective measure rather than prison.

Applicability to Foreigners: Any crime you commit in Egypt will be handled under Egyptian law. Foreigners have the same penalties and basic rights at trial as locals. There is no special exemption for non-citizens (absent diplomatic immunity). If you are a foreign victim of a crime in Egypt, you can report it just like an Egyptian citizen – the law protects all people in Egypt from violence, regardless of nationality.

International Context: Egypt’s penal code and recent amendments reflect international trends. For instance, its anti-trafficking penalties were raised to meet global standards. However, Egypt retains capital punishment for extreme crimes (unlike many EU or Western countries). It is also important to note that Egypt is not part of the ICC; international jurisdiction over serious crimes (genocide, war crimes) does not apply in Egypt except under specific anti-terror laws.

In Summary: Personal crimes in Egypt carry serious consequences. Acts like murder, kidnapping, rape, and violent assault are treated as felonies with heavy prison terms or even life/death sentences. Defenses common in other countries (self-defense, insanity, duress) are available, but procedural protections may be weaker. Foreigners are subject to the same laws and punishments. Anyone living or traveling in Egypt should be aware that its criminal code is detailed and strict about offenses against persons, and that enforcement in areas like drug or sex crimes can be very harsh.