The House of Representatives supports the right to defense and rejects the justice’s proposal to interrogate the accused without a lawyer

Representatives adhere to the Constitution and reject the Ministry of Justice’s proposal to amend Article 104 to allow interrogation in the absence of a lawyer

 

The House of Representatives votes on the impermissibility of interrogating the accused except in the presence of a lawyer and approves Article 104 as approved by the Joint Committee

 

In favor of rights and freedoms.. The House of Representatives approves Article 104 of the draft Code of Criminal Procedure and confirms that it is not permissible to interrogate the accused except in the presence of his lawyer

 

 

 Discussions witnessed Article 104 of the draft law, which stipulates that a member of the Public Prosecution may not interrogate the accused or confront him with other accused or witnesses except in the presence of his lawyer. If the accused does not have a lawyer, or his lawyer does not attend, After being invited, the investigator must, on his own initiative, appoint a lawyer for him..

 

The accused must state the name of his lawyer in the investigation report or in the criminal registry for the prosecution in whose jurisdiction the investigation is being conducted or for the person in charge of managing the place where he is detained. His lawyer may also undertake this report< /span>.

The lawyer may record in the record any defenses, requests or observations that he has of his own.

After the final disposition of the investigation, based on the request of the assigned lawyer, the investigator issues an order estimating his fees, based on the fee assessment schedule issued by a decision from the Minister of Justice after taking the opinion of the Council of the General Syndicate of Lawyers. These fees are considered the same as judicial fees.

 

The House of Representatives rejected a proposal to add a phrase allowing the accused to be interrogated by the Public Prosecution if the assigned or assigned lawyer is unable to be present, in victory for the guarantees of rights and freedoms contained in the Constitution, emphasizing the principle of no investigation without a lawyer .

For their part, the Council’s representatives supported the article as concluded by the Joint Committee without amendment, in line with the provisions of the Constitution and guarantees of the right to defense.

 

In the same context, Abdel Halim Allam, Head of the Bar Syndicate, supported the text of Article 104 as approved by the Joint Committee. He rejected the proposal to amend it, praising the Council’s openness to all opinions and proposals and its victory for rights and freedoms, especially guarantees of the right to defence, stressing that concerns related to the inability of a lawyer to be present are irrelevant < /span>

He pointed out that the Syndicate has 400,000 lawyers in all parts of Egypt, stressing that the Syndicate submits lists to the courts and to the district and general prosecution offices, which contain double the required numbers of assigned lawyers. He also stressed that the sub-unions are open to all lawyers. Expressing the union’s commitment to addressing any problem that may arise in this regard.

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