Cairo: Egypt’s House of Representatives approved, Monday, Article 123 of the draft Criminal Procedures Law, which specifies the periods of pretrial detention, so that it may not exceed four months in the preliminary investigation phase in misdemeanors, and twelve months in felonies.
According to State Information Service Egypt, the House also approved Article 113 of the Draft Code of Criminal Procedure, which introduces alternatives to pretrial detention. These alternatives include obligating the accused not to leave his residence, requiring him to present himself to the police station at specific times, and prohibiting him from frequenting specific places.
The approved article stipulates that the period of pretrial detention or measure in misdemeanor cases may not exceed three months unless the accused is notified of his referral to the competent court within this period. In such cases, the Public Prosecution must present the detention or measure order within five days from the notification date. If these provisions are not implemented, the accused must be released or the measure terminated.
In all instances, the pretrial detention period during the preliminary investigation and other stages of the criminal case may not surpass one-third of the maximum custodial sentence. This ensures it does not exceed four months in misdemeanors, twelve months in felonies, and eighteen months if the crime’s penalty is life imprisonment or death.
Counselor Mahmoud Fawzy, Minister of Parliamentary and Legal Affairs and Political Communication, stated that this article is crucial and aligns with the national dialogue outcomes adopted by President Abdel Fattah al Sisi. He expressed gratitude for establishing a maximum limit for pretrial detention periods, highlighting it as a significant advantage of the draft law.
Counselor Adnan Fangri, Minister of Justice, remarked that the article is “very disciplined” regarding maximum detention periods in misdemeanors and felonies, providing a significant guarantee for the accused.
The Council also approved Article 114, which stipulates that if the accused violates the measures prescribed in Article 113, the Public Prosecution may replace the alternative measures with pretrial detention.