Urgent.. President Sisi issues the new criminal procedure law after approval by the House of Representatives

President Abdel Fattah El-Sisi approved the issuance of the new Criminal Procedure Code, after the approval of the House of Representatives in its plenary session held on 10/16/2025 to amend the articles subject to objection. Application.

 

The most prominent new provisions in the articles under objection after their amendment are as follows:

 

• Providing for the implementation of the new Criminal Procedure Code starting from the beginning of the judicial year following the date of its issuance on October 1, 2026, so that those responsible for enforcing it, including judges, public prosecutors, judicial officers, and lawyers, can become familiar with the new provisions, and allow time for the courts to establish the telephone announcement centers stipulated in the law.

• Consolidating the constitutional protection established for homes, and clarifying the cases of their entry as an exception according to specific controls “distress or danger resulting from fire, drowning, or the like”.

• Regulating the procedures for the presence of lawyers during the interrogation of an accused who fears for his life, and increasing the guarantees prescribed for the accused who is scheduled to be placed in a correctional and rehabilitation center or place of detention until he is interrogated in the presence of his lawyer, by restricting the placement order to be in specific cases and justifications, and for a temporary period, subjecting the placement order to judicial oversight, and granting the deposited accused the right to appeal the judicial order issued to place him in or to extend this placement, and not as was stipulated by not setting a time limit. To deposit.

• Increasing the alternatives to pretrial detention to seven alternatives instead of three, in order to provide the investigative authority with the opportunity to choose the most appropriate among the alternatives to pretrial detention in a way that leads to avoiding resorting to pretrial detention except as a last measure. “The new alternatives to pretrial detention are: obligating the accused not to leave a specific geographical area except after obtaining permission from the Public Prosecution, obligating the accused to refrain from receiving or meeting specific people or contacting them in any way, and temporarily preventing the accused from possessing or storing firearms and their ammunition.” It is delivered to the police station or department in which his place of residence is located, and technical means are used to track the accused if the conditions for working therein are met, and a decision is issued by the Minister of Justice in coordination with the Ministers of Interior and Communications.

• Implementing the recommendation of the Permanent Supreme Committee for Human Rights at the Ministry of Foreign Affairs to periodically present the case papers in which an accused person is detained in pre-trial detention to the Attorney General whenever three months have passed since his imprisonment or from the last presentation thereof to take the measures he deems sufficient to conclude the investigation, and not just once as was stipulated in the draft law.

• Emphasizing the continuation of traditional procedures for notifying opponents, in addition to announcing the information technology means created under the draft law, if it is not possible to announce them for any reason, so that work is not disrupted and legal deadlines are maintained.

• Increasing the guarantees established for a person accused of a felony who is being tried in absentia if he or his personal representative is unable to attend any of the sessions scheduled to consider the appeal filed by him, by obliging the court to postpone hearing the appeal once to allow him the opportunity to attend, so that he can exercise his right to defend himself in the face of the seriousness of the accusation of a felony.

These legislative amendments represent an important addition to the guarantees established to protect human rights, whether for his person or his residence, reduce the resort to pretrial detention, and increase the speed of completion. Public Prosecution investigations and trial procedures, while ensuring fair trial guarantees.

  

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