Criminal registration is one of the most important files in the field of human rights to eliminate the impact of crime and to return to prison, as well as to help the situation to stabilize and live in a safe and secure life free from any risks it faces.
According to the Public Security Department’s statement, the number of criminal registrars was 1 million, 224, 000 and 680 after Major General Mohamed Ibrahim–former interior minister of the Government of the Ganzuri–issued a decision to purify the registrant schedules risk in all categories of registration “A, B, C” and the reason for the large number of registrant risk according to the experts is the Corruption in registration procedures and the practices of police officers at the level of the Republic, which have caused the list to swell dramatically despite the fact that the law allowed them to be lifted in cases of death, total or partial incapacity and interruption of activity.
The Ministry of the Interior, in its capacity as responsible for criminal registration, may not go beyond the principles of the Constitution and the provisions of the law or disturb the origin of the presumed innocence of every human being it is not justifiable for her to register criminally the name of an innocent who has not been convicted by the courts or to make the mere accusation of innocence and an exception, and to record in her records the name of A person for the mere accusation of a case if the accusation was fabricated or not substantiated or preserved by the Public Prosecutor’s Office or the judgement of the judiciary.
That the Egyptian Constitution established the principle of punishment and that there is no crime or punishment except on the basis of law a sentence could be imposed only by a judicial decision, and the accused was acquitted until proven guilty in a legal trial in which he guaranteed self-defence guarantees.
It is established that the rules for the expiry and fall of criminal proceedings and the rules for judicial or legal rehabilitation are the bases of time for the commission of the Crime and its associated forgetting of the act from the memory of the people.
The rules, regulations and procedures governing criminal registration, on the basis of which registration has been conducted since 1984, have been stabilized, as guaranteed by the circulars issued by the Public Security Service in this regard, the aim of the criminal registration system is to pursue criminal elements to prevent them from or seizure of crimes following the commission of offenses.
This system has included a definition of the registered offender as dangerous: that all that has been or is known to have been committed in contravention of the law, disturb public security and have a criminal tendency to follow, and specify the risk grading system is categorized into three categories, the first of which is the category “A” and the highest-risk persons are registered, followed by a To the lowest risk category “B” and then category “C” for minimum severity, so that the degree of severity is determined when the recording is started in the order in which the system is detailed, registration in the security Directorates of the Department or center is the place of residence or the place of activity, and public administrations or interests may take registration procedures and take These actions are at the request of the head of the Department of Section, the Center or inspector of the competent investigator or head of the Criminal registration unit or heads of department, and the consequent mounting or decreased risk activity raise or decrease severity and that if a case is provided for by the system the risk is raised from the registered counter These cases are death, total or partial incapacity, interrupted activity
In this case, conditions are required:
The risk is registered in the category “C”
To cease its activity effectively and involuntarily and to recover from legitimate ways
That the pause lasts for three continuous years starting from the date of the last indictment or conditional release
The Registrar may be removed on category “A” immediately if the activity is proven to have been involuntarily interrupted for nine continuous years, and the registrant shall be removed on category “B” if the activity is proven to have ceased for a continuous period of six years.
Those rules regulated the grievance procedure against the decision to register as a risk and requested the lifting or lowering of the risk, where the risk would be submitted by the applicant or his or her registration which, in turn, examines and opinions and has presented this to the First Committee for Risk Affairs, which is to be released in 15 days of history. e-Application.
Thus, a legal obligation under these rules rests with the competent administrative authority to decide to erase criminal registration and to remove the name of the Registrar who in respect of which one of the cases provided for in those rules was available, if it failed to do so, declined or refused, there was a negative administrative decision to refrain from Erase the registration and remove the relevant name from the registrant, it may be the subject of the revocation proceedings.
Non-compliance with international and Arab treaties:-
In accordance with the text of article 11 of the Universal Declaration of Human Rights:
Any person accused of a crime shall be presumed innocent until proven guilty by law by a public trial in which the necessary guarantees for his defense are secured.
No person shall be convicted of performing an act or of refraining from performing an act unless it is considered an offense in accordance with national or international law at the time of commission. Nor does it impose a heavier penalty than that which could have been signed at the time of the commission of the offense.
In accordance with the provisions of article 9 of the International Covenant on Civil and Political Rights:-
Everyone has the right to liberty and security of person. No one shall be arbitrarily arrested or detained. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as may be prescribed by law.
Any person arrested shall be informed of the reasons for such arrest upon its occurrence and shall be promptly informed of any charge against him.
In accordance with article 14, paragraph 2, of the International Covenant on Civil and Political Rights:-
Every person charged with a criminal offense has the right to be presumed innocent until proved guilty by law.
According to article 7 of the Arab Charter on Human Rights:-
The accused is acquitted until proven guilty by a legal trial in which he is guaranteed the necessary guarantees for his defence.
Problems in cases of criminal record:-
By interviewing case/p. A. He found that he had problems related to his listing in the criminal case sheet as a result of a number of cases including drugs, theft, beatings and wanted to erase his name from the records. of the Ministry of the Interior “Criminal Fisheye”, as it applies to the procedural rule of suspension of activity for more than six years Consecutive.
Interview Case/M. C turns out he’s having problems with his name in the criminal case sheet as a result of a number of cases and wants to erase his name from the criminal fisheye it applies to the procedural rule of two cases of total or partial incapacity, where his right arm has been amputated.
Interview Case/G. Q It turns out he’s a registered naughty dangerous and listed in the criminal record as a result of a large number of cases, mostly robberies, beatings and wants to erase his name from the Fisheye. Because it applies the procedural rule of stopping an activity for six consecutive years without returning to the crime.
Methods of litigation before the administrative jurisdiction [Council of State] * *
There are two avenues of litigation, either through amicable methods — a request to its Security Directorate registered — or through litigation before the administrative courts.
First, a note must be sent to the Security Directorate requesting that the Registrar be erased from criminal records.
Second: To submit to the dispute resolution committees at the Police Academy in Abbasiyah, the Minister of the Interior “as”, the Registrar of Security, who is affiliated with it- “as”.
Third: The case is brought before the Administrative Court of Justice (individuals).
IV. Documents to be submitted in the case:
(Note sent to the Directorate of Security and its number–origin of the criminal status paper–Certificate from the table or photograph from acquittal or conviction – Medical certificate stating Total or partial incapacity [if possible] – copy of the card
Proceedings for rescission of a negative decision to erase from criminal records
V: Model of the petition:
Mr. Prof. Counsellor/Vice-President of the Council of State and President of the Eastern Administrative Court of Justice
Good greeting and after
Introduction to Your Lordship/…………………………………….. – resident in a hand……………………………… The Chosen one is the office of Mr. Mohamed Jamal Abdelgammal, lawyer – Babohammad.
Mr. General/Minister of the interior “as ”
Mr. General/Director of the Security Directorate in Sharqi ( as )
Where the student went to the police station…………. To operate a criminal case sheet because he wants to enter a job in the private sector and wait for a while to extract the fisheye and the analogy and show the existence of previous criminal judgments numbers……… For the year 2001 crimes of the North……… “Drugs” and was imprisoned for years and the fine dated././2006 and the second number………… For the year 2003 crimes of the South……… “hit ” and was imprisoned for three years on the date of …../…../2004 and the third number……… For 2011 crimes of the south……… “Put on fire” and was imprisoned for a year on the date of././2011.
The Constitution stipulates that “[t] he citizens of the law, equal in their public rights and duties, ……” as well as the text of the Constitution “the rule of law is the basis of government in the state …………..” and also provides that “punishment is personal, crime and punishment only by constitutional or legal provision and does not foresee the punishment A judicial decision ……….. “article 15, 528 of the Code of Criminal Procedure states that criminal proceedings are terminated in the material of the offence 10 years from the day of the crime and in the misdemeanours of three years …………” without prejudice to the provisions of the preceding two paragraphs.
Article “536, 550, 552” of the Act states that “[s] he may be considered guilty of a felony or a misdemeanour and shall be issued by the Criminal Court of which the convict has the place of residence of the sentenced person at his request.”
In the sense that the rules governing criminal registration or the so-called criminal information card are sophisticated administrative rules issued by the Public security interest sector and are in its last version, it included a statement that a person was considered to be a dangerous offender to which the provisions governing criminal registration would apply in the circumstances specified by the rules The system is divided into three categories according to the criminal gravity of the person, in accordance with the Division of the rules governing criminal registration and includes:-Category “A” is registered with the highest risk persons, such as gang bosses and terrorism, and if it is proven that it stops activity for nine years, the category “B” is recorded on it (a) Persons who are less serious, such as perpetrators of murders and others, and are lifted if they are found to have ceased activity for six years. Category “C” is the lowest in the degree of severity and all other types of offences are recorded and lifted if the activity is proven to have ceased for three years.
Among the most important controls governing criminal registration are the seventh: in accordance with the rules governing criminal registration, they have established the rules for the removal of dangerous persons from the criminal record, in many cases including death, and cases of total or partial incapacity. and cases of inactivity.
In that the court’s jurisdiction had been that the annulment action was in kind adversarial, with the same administrative decision being designed to control its legitimacy, it was required to accept that there be an existing, existing and productive final administrative decision when the case is made, if this condition fails, the proceedings are inadmissible and the negative decision is not According to the text of the last paragraph of the said article “10 “, unless the administrative authority refuses or refuses to take a decision that it should have taken in accordance with the laws and regulations.
“Review the judgement of the Supreme Administrative Court in Appeal No. 5817 of 49 BC. 2/7/2008 meeting
As the student was partially incapacitated while in custody, he was “amputated with his right arm” and thus falls under the conditions and controls of the criminal registrars, which renders him incapable of re-offending.
Where the student submits to the dispute Resolution commission of the Ministry of Justice the request for conciliation No…………. For the year………… On 21/12/2013 may, the Committee recommended that the application be rejected.
The student seeks to determine the nearest sentencing hearing:-
Request accepted Form
In the matter, it is urgent to repeal and erase all the information contained in the Ministry of the Interior’s file and to consider that it was not with the consequences.
The administration is obliged to pay the expenses and the lawyer’s fees.
and kindly accept with great respect,
Record of the action sheet
He’s on the day/hour
Based on request/…………………………….. – Resident in the area……………………………………………….. The mayor’s office was replaced by Mr. Mohamed Jamal Abdel-Good, lawyer – Babohammad.
I/I am a court of State Council……………….. I moved to the state issues body…………….. It declared:
Mr. General/Minister of the interior “as” addressed to
Mr. General/Security Manager, Eastern Security Directorate “as” with/
A copy of the attached petition was delivered to both of them for information on the law.
And for the sake of science…
Introduction to Your Lordship/
Mohammed Jamal Abd el–Al-Gaed