Legal Overview on Arrest Procedures in Egypt:-
By Attorney Aladdin Younis, Younis Law Firm, Egypt
In accordance with the Egyptian legal framework, particularly regarding arrest procedures, several significant provisions govern the actions of judicial police officers. These rules ensure the protection of individuals’ rights while maintaining the integrity of law enforcement operations.
Firstly, outside the specific cases outlined in Article 38 of the law, if there exists ample evidence to accuse an individual of committing a felony or misdemeanor—such as theft, fraud, serious assault, or violence against law enforcement—judicial police officers are empowered to implement necessary precautionary measures. They are obliged to promptly request the public prosecution to issue an arrest order for the accused. It is essential that all arrest orders and precautionary measures are executed by designated enforcement assistants or authorized public law enforcement agents.
Right to Information and Communication.
As specified in Article 40, upon detaining a suspect, the judicial police officer is mandated to inform the individual of the restrictions placed on their liberty and the specific charges levied against them. Additionally, the officer must listen to the suspect’s statements, provide a written notice outlining their rights, and facilitate communication with relatives and legal counsel. In instances where the suspect cannot present evidence to contradict the charges within twenty-four hours of detention, they must be referred to the competent investigative authorities.
Citizens’ Role in Reporting Crimes.
Article 41 establishes that any individual who witnesses a felony or misdemeanor eligible for preventive detention has the right to apprehend the offender and deliver them to the nearest public law enforcement officer without needing a prior arrest warrant. This provision empowers citizens to actively participate in the enforcement of the law.
Immediate Action by Law Enforcement.
Per Article 42, public law enforcement officers holding a suspect in the act of committing a crime that carries a potential prison sentence of over three months are authorized to apprehend and transfer the individual to the nearest judicial police officer. This provision applies equally to other offenses in situations where the suspect’s identity cannot be promptly verified.
Filing Complaints and Arrest by Police.
Article 43 stipulates that, for crimes where prosecution relies on a formal complaint, a suspect may not be arrested unless consent for such an action has been granted by the individual entitled to file that complaint. In addition, a public law enforcement official present at the scene may initiate a complaint under these circumstances.
Oversight of Detention Facilities.
Lastly, as per Article 44, the public prosecutor, members of the public prosecution, and heads of both appeal and primary courts possess the authority to access detention facilities within their jurisdiction. This access is vital to ensuring the legality of detentions, adherence to investigative orders, and compliance with judicial rulings. They have the right to review detention records and to engage with detainees to address any grievances that may arise. Investigation judges also share these powers while conducting their inquiries.
In summary, Egyptian law provides a structured approach to arrest and detention, balancing law enforcement needs with the essential protection of individual rights. As legal counsel, we must remain vigilant in ensuring that these rights are upheld throughout any legal proceedings. If you require further clarification on these provisions or need legal assistance, please do not hesitate to contact Younis Law Firm for professional guidance.