Bail in the Egyptian Penal Code

#Bail in the Egyptian Penal Code

In the Egyptian law, the legislator provided legal provision that give the citizen a right to release him on bail until the date of his trial.

However, it seems that the idea of bail in Egyptian law is different in its “implementation” than in other countries.

Before explaining the differences, I will explain the meaning of the word “bail”, the difference between it and the word “guarantor”, whether financial or personal.

When an accused is arrested, there are steps to follow, including the presentation of the accused to the prosecution, with his detention for a certain period pending investigation, and then the defendant is summoned before the court to ask the prosecution to continue his imprisonment and then comes the role of the trial.

The law allows the accused to request, at any of the previous stages, to release him on bail if the charge is a felony or misdemeanor punishable by imprisonments.

The law also allows the accused to request his release with personal or financial security in minor misdemeanors and irregularities.

Definition of Bail: –

This is an amount determined by the prosecution or court to release of the accused until his trial, and the use of the bail here, especially if the amount of the guarantee is excessive “to ensure that the defensive does not fail to appear in court , and the court confiscate the amount and issue an arrest warrant ”

The difference between bail in Egyptian law and its western counterpart:

The Egyptian constitution states: “The accused is innocent until proven guilty”, which is the basis of the idea of bail in law. When the accused is arrested, he has the right to say that he has not yet been found guilty and to demand his release.

Therefore, we see that the British courts and most courts that follow British law make the right to release with bail or without bail a basic right.

In the sense that as long as the accused is known to have his place of residence, has no precedents, has not been charged with a crime that threaten the security of the community, and has not been accused of committing a violent crime .. etc.

The reason for making the release is the basis and imprisonment is the exception is that the citizen in the Western countries is a precious commodity.

In opposite, we find that the Egyptian citizen is a cheap commodity. Therefore, we see the bail philosophy as applied by the courts is contrary to what is meant by the law. The accused is imprisoned because the court or the prosecution considers him guilty until he exonerated.

Procedures for obtaining bail:

1. The case must have been terminated by reconciliation or innocence

2 – Writing a request to Mr. / Chief Prosecutor to recover the bail

3. Extracting a certificate from the table of misdemeanors or felonies, including what was done in the case and indicating the value of the bail and payment receipts
4. Attach the origin of the bail receipt
5. Sending the application to the professor / head of criminal pen to file a note on bail

6 – After more than two months and on the instructions of the prosecution order to reclaim the bail, but deducted from them 10% court fees.

7. It allowed making a special power of attorney referred to the case number to let the lawyer reclaim the bail.

8 – Prepare a disbursing note and buy a form 34 or 17, disbursed from the treasury if it is a partial court but if it is a court of first instance will be disbursed by check from the National Bank, and this check is issue from the registry department

Form of request the bail:

Mr. / Head of Prosecution……….

After greetings

Presented to you / Mr. /…………………… The lawyer. as the agent of / ………………… ..

In the case No. ………….. .. for the year ……………… misdemeanor ………… .

Subject

Please kindly confirm the refund of the payment guarantee dated … / … … .. ………. On the issue of the case No. …………….. for the year …………….. Misdemeanor ………… , since the court decision was issued by acquittal (reconciliation).

As my client during the investigation has paid the bail amount of ………… .. LE ONLY (……………….. ……. .. LE) under the receipt No. ………………………………………………………… / …… / / … ………., Based on the decision of the Public Prosecution

So

I ask you to kindly return the bail of my client in case No. 2. ………… For the year…………. Misdemeanor…

I would like to thank you very much

Presented to you

Lawyer…………

Difficulties arising from bail redemption:

1. The origin of the delivery of bail
2. If the Bail is equivalent to LE 1000 or more, a fax will be sent to the public tax inquiries. This will lose a lot of time and effort
3. The amount of 10% of the bail value shall be deducted from the amount.

 

Mohamed Gamal Abdel Jaid

Member of Board of Trustees of Life Development Foundation

Lawyer