by : Shehab Elsaqaan – Mahmoud Ebada

The House of Representatives has enacted Law No. 174 of 2025 promulgating a new Criminal Procedure Law, to enter into force on 1 October 2026. This law replaces Law No. 150 of 1950, introducing a comprehensive restructuring of Egypt’s criminal procedural framework, alongside newly established principles and legislative chapters that reflect a clear intent to modernize the architecture of criminal justice and reinforce procedural safeguards.

The new law aims to reduce the duration of litigation, alleviate the burden on courts and prosecution offices, regulate the powers of the Public Prosecution and judicial officers, expand alternatives to pre-trial detention, and incorporate modern technological means in notification, monitoring, and enforcement. It further seeks to strengthen transparency, regulate defense and victims’ rights, and modernize litigation mechanisms in alignment with Egypt’s digital transformation policy and the objectives of Egypt Vision 2030 concerning the rule of law and protection of rights.

I. Travel Ban Orders

The law introduces a detailed framework governing travel ban measures (Articles 149–151), recognizing them as precautionary measures of an exceptional nature that directly affect the constitutional right to freedom of movement.

It authorizes the Public Prosecutor or the Investigating Judge to issue a reasoned order prohibiting an accused from traveling or placing them on arrival watchlists where serious evidence exists of involvement in a felony or a misdemeanor punishable by imprisonment. The ban may be imposed for one year, renewable where required by the interests of the investigation, trial proceedings, or enforcement of a sentence.

The law further provides for:

• Mandatory reasoning of the decision;
• Specification of its duration;
• Immediate notification to the accused;
• The right to challenge the order before the competent criminal court;
• The authority to revoke or amend the order;
• The possibility of granting temporary travel permission subject to guarantees;
• Automatic termination of the ban upon a final decision not to bring charges or a final acquittal.

This structure reflects a legislative approach that balances investigative necessity with the protection of personal liberty.

II. Appeal of Orders Issued by the Public Prosecution

For the first time, the law establishes the right to appeal certain orders issued by the Public Prosecution (Articles 164–173), including orders dismissing criminal charges.

The law regulates:

• Time limits and procedures for filing appeals;
• The competent court;
• The legal effects of appeal;
• Mandatory adjudication within 48 hours for appeals relating to pre-trial detention or release;
• The designation of specific judicial circuits to hear such appeals.

This reform significantly strengthens judicial oversight over prosecutorial decisions and enhances procedural guarantees for individuals.

III. Community Service as an Alternative Sanction

Articles 470–478 introduce a structured regime for mandatory community service as an alternative to short-term custodial sentences. This reform embodies a rehabilitative penal philosophy aimed at reintegration rather than mere deprivation of liberty.

The provisions regulate:

• Calculation of service duration;
• Statutory exceptions (including minors under fifteen years of age);
• Execution procedures upon order of the Public Prosecution;
• Maximum permissible periods;
• Grounds for termination;
• Enforcement mechanisms in cases of non-payment of compensation to private claimants.

This system contributes to reducing prison overcrowding and promotes a more balanced and restorative approach to criminal justice.

IV. International Judicial Cooperation in Criminal Matters

The law dedicates an entire book (Articles 508–521) to international judicial cooperation, addressing the realities of transnational crime, including money laundering, cybercrime, terrorism, and human trafficking.

It regulates:

• Mutual legal assistance;
• Extradition;
• Transfer of sentenced persons;
• Exchange of information;
• Freezing and confiscation of assets;
• Recognition and enforcement of foreign judgments.

The legislation also enumerates, exhaustively, grounds for refusal of extradition and subjects cooperation requests to formal procedures through diplomatic channels, in accordance with international treaties and the principle of reciprocity.

This framework strengthens Egypt’s position within the international criminal justice system while safeguarding sovereignty and human rights standards.

V. Protection of Victims, Witnesses, Accused Persons, and Whistleblowers

Articles 522–527 establish a comprehensive protective regime for participants in criminal proceedings.

Key safeguards include:

• Concealment of a witness’s identity where disclosure would endanger life or safety;
• Creation of a confidential subsidiary file containing actual data;
• The accused’s right to challenge identity concealment where it affects the right of defense;
• Criminal penalties for unlawful disclosure of protected information.

These provisions enhance confidence in the justice system while maintaining procedural fairness.

VI. Compensation for Pre-Trial Detention

Articles 528–529 introduce a statutory right to compensation in specified circumstances, including:

• A final decision dismissing charges due to lack of factual basis;
• A final acquittal on grounds that the act is not punishable or did not occur;
• Detention in minor offenses punishable by less than one year where the accused has a known and stable residence.

Compensation claims are to be filed in accordance with the Civil and Commercial Procedure Law, thereby recognizing state responsibility for unlawful deprivation of liberty and reinforcing corrective justice principles.

VII. Remote Investigation and Trial Proceedings

Articles 530–537 regulate remote investigation and trial procedures using audio-visual communication technologies.

The law safeguards:

• Confidentiality of investigations;
• Publicity of hearings;
• Oral pleadings;
• Confrontation rights;
• The prohibition against separating the accused from counsel.

It further permits electronic notification through officially registered communication channels and authorizes electronic monitoring as an alternative precautionary measure, reflecting the digital transformation of judicial administration.

Legislative Impact and Strategic Alignment

A comprehensive reading of Law No. 174 of 2025 reveals a deliberate legislative shift toward:

1. Strengthening procedural safeguards;
2. Restricting exceptional investigative powers;
3. Expanding alternatives to pre-trial detention;
4. Establishing effective judicial oversight;
5. Introducing compensation mechanisms for procedural errors;
6. Integrating digital technologies into criminal proceedings;
7. Harmonizing domestic legislation with international obligations.

Accordingly, Criminal Procedure Law No. 174 of 2025 constitutes a pivotal legislative reform aimed at modernizing Egypt’s criminal justice framework, reinforcing the rule of law, and enhancing the protection of rights and liberties, in line with constitutional developments and the state’s strategic reform agenda.