New criminal law procedure to include reducing pretrial detention periods and reorganizing appeals

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Mohamed Abdel-Aleem Kafafi

Egypt Daily News – Counselor Mohamed Abdel-Aleem Kafafi, the legal advisor to the Speaker of the House of Representatives and rapporteur of the subcommittee drafting Egypt’s new criminal procedure law, expressed gratitude to various authorities for their support.

He commended Dr. the Speaker of the House for initiating the subcommittee, describing the new criminal statute as an innovative concept.

Kafafi acknowledged Representative Ihab Al-Tamawy, the Committee Chair, and its members for their collective efforts despite differing ideologies.

He emphasized their shared commitment to the public good of Egypt, highlighting a thorough research approach that sometimes necessitated postponing discussions to incorporate feedback from relevant parties, which ultimately fostered consensus on the draft law.

In his remarks, Kafafi addressed misleading statements that emerged even before the committee initiated its work, viewing them as attempts to undermine the committee’s efforts without understanding the complexity of their tasks. He encouraged committee members to remain focused on their objectives.

He outlined key features of the new draft law, including:

  • Reduced Pretrial Detention Periods: Enhancements in compensation mechanisms for wrongful detention.
  • Regulations on Travel Bans: Establishing stricter protocols for issuing travel bans and watch lists, solely under the purview of the Public Prosecutor or an investigative judge to safeguard citizen mobility.
  • Opposition to Absentia Judgments: Improvements aimed at achieving timely justice while upholding citizens’ litigation rights.
  • Abolishment of Physical Coercion: Transitioning from physical coercion for state-imposed fines to mandating community service for convicts.
  • Strengthening Defense Rights: Ensuring the right to legal representation throughout investigation and trial stages, in accordance with constitutional provisions.
  • Protection for Victims and Witnesses: Enhanced measures to safeguard the rights of victims, witnesses, accused individuals, and informants as per constitutional mandates.
  • Digital Transformation in Legal Processes: Updating advertising and litigation systems to align with advancements in digital processes.
  • Special Provisions for Women and Children: Delaying penalties for pregnant women, in line with Islamic Sharia and international human rights agreements.
  • Rights of Persons with Disabilities: Implementing protective measures for people with disabilities during investigation and trial phases.
  • Remote Trial Procedures: Organizing investigative and trial protocols remotely to simplify legal proceedings while ensuring justice and fairness, including confidentiality and fairness of the process.

Kafafi concluded by expressing appreciation to the involved parties for their support, particularly in regards to reducing pretrial detention and amending laws related to absentia cases, underscoring the importance of these reforms in advancing Egypt’s human rights agenda while protecting citizen interests.

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