The Official Gazette - Issue 17 (Continued) on April 27, 2017

Law No. 11 of 2017

Regarding the amendment of certain provisions of the following laws:

The Criminal Procedure Law issued by Law No. 150 of 1950,
The Law on Cases and Procedures for Appeals before the Court of Cassation issued by Law No. 57 of 1959,
The Law Regulating Lists of Terrorist Entities and Terrorists No. 8 of 2015,
The Counter-Terrorism Law issued by Law No. 94 of 2015

In the Name of the People

President of the Republic

The House of Representatives has decided the following law, and we hereby promulgate it:

(Article One)

The following texts shall replace the provisions of Articles (12, 277, 286, 384, 395 paragraphs one and two) of the Criminal Procedure Law issued by Law No. 150 of 1950:

Article (12)

The criminal chamber of the Court of Cassation, when reviewing the merits, shall institute the prosecution, in accordance with what is stipulated in the preceding article.

And if requested in the judgment issued in the new case, no judge who decided to institute it shall participate in its review.

Article (277)

Witnesses shall be summoned to appear upon the request of a party by a bailiff or judicial police officer twenty-four hours before the session, excluding travel time, and shall be notified in person or at their residence by the methods stipulated in the Civil and Commercial Procedures Law, except in cases of flagrant offenses, where they may be summoned to appear at any time, even orally, by a judicial police officer or a police officer, and a witness may attend the session without formal notification upon the request of a party.

(Article Two)

The following texts shall replace the provisions of Articles (380, 384, 395) of the Criminal Procedure Law issued by Law No. 150 of 1950:

Article (380)

Without prejudice to the provisions of the first paragraph of this article, the party shall specify the names and details of the witnesses and the grounds for summoning them, and the court shall determine whom it deems necessary to hear their testimony, and if the court decides that hearing the testimony of any of them is unnecessary, it must state the reasons in its judgment.

The court may, during the review of the case, summon and permit the statements of any person, even by issuing a summons and arrest warrant, if necessary, and may order their summons to appear at another session.

The court may permit the testimony of any person who appears voluntarily, unless his information is already part of the case.

Article (384)

The court shall order the reading of the testimony given during the preliminary investigation, in the evidence collection report, or before the expert, if hearing the witness is impossible for any reason.

Article (395)

If an order referring a felony case is issued to the Court of Assizes and the accused or his private agent does not appear on the session day after being notified of the referral order and the summons, the court may rule in his absence, and may adjourn the case and order his re-summons.

Without prejudice to the court's authority under Article (380) of this Law, the judgment shall be rendered in the presence of the accused if he is summoned to the session.

Article (395) paragraphs one and two:

If the person convicted in absentia appears, or a representative is appointed for him, or his private agent appears, and requests a retrial before the penalty becomes final, the President of the Court of Appeal shall schedule the nearest session to review the case, and the detained person shall be brought before the court at this session, and the court may order his release or pre-trial detention until the conclusion of the case review.

The court shall not, in this case, impose a harsher penalty than that stipulated in the in absentia judgment.

If the person convicted in absentia or his private agent fails to attend the scheduled session for reviewing his case, he shall be considered absent, and if the person convicted in absentia appears again before the penalty becomes final, the prosecution shall order his arrest, and the President of the Court of Appeal shall schedule the nearest session to review the case, and he shall be brought before the court at this session, and the court may order his release or pre-trial detention until the conclusion of the case review.

(Article Three)

The following texts shall replace the provisions of Articles (39, 44, 46) of the Law on Cases and Procedures for Appeals issued by Law No. 57 of 1959:

Article (39)

If an appeal or its grounds are submitted after the deadline, the court shall rule on its inadmissibility on procedural grounds, and if the appeal is admissible and based on a violation of the law or an error in its application or interpretation, the court shall correct the error and rule in accordance with the law.

If the appeal is based on a defect in the judgment, a defect in the procedures, or in the arrest, the court shall annul the judgment, review its merits, and apply the legal procedures prescribed for the crime committed, and the judgment issued in all cases shall be rendered in the presence of the parties.

Article (44)

If the appealed judgment was issued accepting a legal plea preventing the continuation of the case, or issued before ruling on the merits and preventing the continuation of the case, and is sought before the Court of Cassation, the case shall be returned to the court that issued the judgment, newly constituted by other judges.

The retrial court shall not rule contrary to what the Court of Cassation has decided.

Furthermore, in all cases, it shall not rule contrary to what the General Assembly of Criminal Matters at the Court of Cassation has decided.

Article (46)

Without prejudice to the foregoing provisions, if the judgment is rendered in the presence of the accused imposing the death penalty, the Public Prosecution must refer the case to the Court of Cassation, accompanied by its opinion on the judgment, within the deadline specified in Article (34), and the court shall rule in accordance with what is stipulated in the second paragraph of Article (35).

(Article Four)

The following two texts shall replace the text of the second paragraph of Article (7) and the first paragraph of Article (4) of Law No. 8 of 2015 concerning the regulation of lists of terrorist entities and terrorists:

Article (7) second paragraph:

The inclusion request by the Public Prosecutor to the competent chamber shall be accompanied by the investigations, documents, or information supporting this request.

Article (4) first paragraph:

The inclusion on any of the lists shall be for a period not exceeding five years.

(Article Five)

A new clause numbered (5) shall be added to the second paragraph of Article (7) of Law No. 8 of 2015 concerning the regulation of terrorist entities and terrorists, with the following text:

Article (7) second paragraph clause (5):

Prohibition of practicing all civil or advocacy activities under any name.

(Article Six)

The following two texts shall replace the text of the second paragraph of Article (39) and the third paragraph of Article (40) of the Counter-Terrorism Law issued by Law No. 94 of 2015:

Article (39) second paragraph:

The court shall also, when issuing a conviction judgment, order the confiscation of all property proven to be designated for expenditure on terrorist acts, and the inclusion of the convicted person and the entity he owns in the lists stipulated in Law No. 8 of 2015.

Article (40) third paragraph:

The Public Prosecution or the competent investigative authority, under the necessity stipulated in the first paragraph of this article and before the expiration of the stipulated period, may order the continuation of the preservation measures for a period of fourteen days, which may be renewed only once, and the order shall be issued by a public prosecutor at least or their equivalent.

(Article Seven)

A new article numbered (50 bis) shall be added to the Counter-Terrorism Law issued by Law No. 94 of 2015, with the following text:

Article (50 bis):

Regarding the appeal judgments stipulated in the Civil and Commercial Procedures Law, the appellant shall deposit three thousand pounds as bail upon notification, and the bail office must schedule a session within a period not exceeding twenty-four hours from the date of submitting the request, and the appellant shall sign to acknowledge knowledge of the session.

The requested judge shall respond in writing to the facts and grounds of the appeal within the following twenty-four hours of becoming aware of it.

The chamber reviewing the appeal request shall investigate the request in the deliberation room, then rule on it within a period not exceeding one week from the date of the report.

(Article Eight)

Article (388) of the Criminal Procedure Law is repealed.

(Article Nine)

This Law shall be published in the Official Gazette, and shall take effect from the day following its publication, except for Article Two, which shall take effect as of May 1, 2017.

This Law shall be sealed with the State seal and enforced as one of its laws.

Promulgated by the Presidency of the Republic on 30 Rajab, 1438 AH (Corresponding to April 27, 2017 AD)

Abdel Fattah El-Sisi

Law No. (11) of 2017