Page 20 - Issue 73

E L I T E
E L I T E V O L .1 I S S U E . 7 3V O L .1 I S S U E . 7 3

implementation on the ground. Additionally,
the President pointed out the importance of
allowing time for the ministries and relevant
authorities to implement the new
mechanisms while being well-versed in all
provisions of the law, which would lead to
the precise application of all its articles and
thus ensure criminal justice.
And due to the widespread controversy
sparked by the new Criminal Procedure Law,
President Abdel Fattah El-Sissi decided to
return the draft law to Parliament for
reconsideration and review of its articles,
especially those that caused the controversy.
Among the most important articles that His
Excellency the President objected to and
called for reconsideration are Article 48,
which stated that in some urgent or
dangerous cases, the prosecution has the
right to take swift actions. Here, the
President demanded more clarification on
what constitutes a dangerous situation and
when cases are exceptional to ensure that this
article is not misused. Also, Article 105,
which granted the right to investigate without
the presence of a lawyer in some exceptional And despite the objections pointed out by
cases, where the President called for more His Excellency the President, he also
clarification on these cases to prevent any indicated that this law has introduced many
ambiguity or confusion. Regarding Article highly important points, such as financial
112, which pertains to the maximum duration compensation during pretrial detention under
of detention for the accused if their lawyer is specific circumstances, the possibility of
not present, the issue with this article is that remote trials, witness protection procedures,
it does not specify a strict duration, which and international judicial cooperation
could delay investigations. Therefore, the procedures in criminal matters.
president has called for a clear definition of
this duration. Additionally, in Article 114, ELITE’s Seventh Anniversary (2018-2025)
which relates to alternatives to pretrial
detention, the president emphasized the
importance of clarifying the controls and
criteria based on which these alternatives are
applied, as they remain ambiguous. So, in
general, we notice that His Excellency the
President has called for increasing the
guaranties provided for the rights of the
accused, emphasizing the importance of
removing any ambiguity that could lead to
multiple interpretations or hinder

20