Égypte
On October 16, 2025, Egypt's House of Representatives voted to postpone the enforcement of the new Code of Criminal Procedure until October 2026. This decision aligns with presidential directives emphasizing the need for full institutional and technical readiness before the landmark law takes effect.
The new Code of Criminal Procedure, intended to replace legislation dating back to 1950, introduces significant changes aimed at modernizing Egypt's justice system. These include the establishment of telephone notification centers in all district courts, necessitating substantial technical infrastructure, electronic integration, and comprehensive staff training across judicial bodies.
A special parliamentary committee, formed to re-examine the articles objected to by the president, concluded that delaying the law's enforcement is essential to ensure the efficiency, fairness, and credibility of Egypt's justice system. The committee emphasized that the postponement would provide sufficient time to complete the necessary technical, human, and technological preparations without compromising the quality or accuracy of the law's implementation.
According to the parliamentary report, the committee approved the Ministry of Justice's proposal to amend the article to reflect the new timeline. The Minister of Justice explained that delaying implementation until the start of the 2026 judicial year meets practical and organizational requirements. This period allows courts to improve efficiency and digital infrastructure and provides ample time to train judges, prosecutors, and law enforcement officers on the new rules.
A representative from the Ministry of Communications and Information Technology confirmed that the proposed extension is sufficient to complete the digital infrastructure for the telephone notification centers and to link them electronically to all courts. This coordination between the Ministries of Justice and Communications is crucial for the successful implementation of the new system.
The law stipulates that it shall be published in the Official Gazette and come into force as of the first of October following its publication. It shall be sealed with the state's seal and enforced as one of its laws.
The decision to postpone the law's enforcement followed heated debates within the parliament. In September, President Abdel-Fattah El-Sisi referred the draft Criminal Procedure Law back to the House of Representatives for re-examination. The draft law had been under discussion for years and was meant to replace legislation dating back to 1950.
Supporters argue that the bill modernizes the country's criminal procedures by introducing travel bans, watch lists, remote hearings, witness protection programs, compensation for wrongful detention, and new mechanisms for international judicial cooperation. However, some critics raised concerns about the articles on pre-trial detention, arguing they do not sufficiently prevent prolonged detentions.
The debate over the new Code of Criminal Procedure intensified during the session. The proposed amendment to Article 105, which allows prosecutors to interrogate a defendant without a lawyer in rare cases where delay could harm the investigation, sharply divided lawmakers, the government, and the legal community.
Minister of Parliamentary Affairs Mahmoud Fawzy defended the government's position, stating that the government has no intention of tampering with the Constitution. He emphasized that all institutions serve the Constitution, and the Constitution serves the people.
In response, MP Diaa El-Din Dawoud strongly opposed the amendment and urged Speaker Hanafy Gebaly to provide his constitutional opinion. Dawoud praised Gebaly's leadership and constitutional rigor but warned that Article 105 directly violates Article 54 of the Constitution, which guarantees the right to counsel during investigations.
The postponement of the law's enforcement reflects the government's commitment to ensuring that all necessary preparations are in place to implement the new Code of Criminal Procedure effectively. This decision aims to uphold the principles of justice and fairness within Egypt's legal system.
