Egypt, Current Situation in International and Culture Cooperation in Criminal Matters

1. Egypt, Current Situation in International and Culture Cooperation in Criminal Matters Prepared by: Couselloer Dr. Mohamed Eltaher & Judge Ehab Elsonbaty Minstry of Justice Office for International and Culture Cooperation- Egypt office for International and Culture co-operation

2. Introduction • Ministry of Justice Office for International and Culture co-operation. • The establishment and the tasks. • The achievements. office for International and Culture co-operation

3. Statistics and numbers for the year 2005 office for International and Culture co-operation

4. Topics of Discussion • Mutual legal assitance. • Extradition. • Transfer of sentenced persons. • Recognition and enforcement of foreign judicial Decisions. • Exchange of judicial experiences. office for International and Culture co-operation

5. Topic One- Mutual Legal Assistance • Reciprocity. • International courtesy. • International agreements. • Regional agreements. • Bilateral agreements. office for International and Culture co-operation

6. Topic one-2 • Main features of Judicial assistance agreements: • Mandatory of double criminality. • Refusal of double trial for the same act. • Refusal of assistance in political crimes and not terrorist crimes. • Refusal of assistance if there are substantial grounds to believe that the request has been made for the purpose of oppression or discrimination and violation of human rights principles. • Not prejudice the state sovereignty nor its national interest. office for International and Culture co-operation

7. Topic Two- Extradition • As a norm of judicial co-operation, it requres an agreement. • Excluding the work of the National Committee for combating terrorism. • Refusal of surrender nationals. • Non admissibility of trial for crimes other than the crimes for which extradition is requested (rule of speciality) • Refusal of surrender if there is the possibility to impose a punishment which is not included within the national punishments. office for International and Culture co-operation

8. Topic two- transfer of sentenced persons • National committee for transforming of sentenced. Pilot project • The mandatory of obtaining the acceptance of the sentenced person to be transferred. • The mandatory of providing a commitment to complete the rest of punishment term and not to issue a decision of special amnesty. • Payment of all financial duties arising out from the sentence. office for International and Culture co-operation

9. Topic Three- Recognition and enforcment of foreign judicial decision • The roles of the public prosecution on the execution of judicial cooperation requests. • Exclusive authority of the Public Prosecution. office for International and Culture co-operation

10. Obstcales-1 • Objectivity: • Types of Punishments such as capital punishment. • Trail in absentia. • The absence of an accurate and unified definition for some crimes like financial crimes and terrorism. • the existence of some exceptional laws and special courts. office for International and Culture co-operation

11. Obstcales-2 • Formality: • The insufficiency of financial potentials. • The difficulty of coordination because of the absence of communication points. office for International and Culture co-operation

12. Conclusion • Strong commitment to the obligations of the international Judicial Cooperation. • All the forms of international judicial cooperation. (mutual assistance, Extradition, ..etc) • Obstacles and problems to be solved. office for International and Culture co-operation

13. Questions? • Thank you for your attention. • Any questions? office for International and Culture co-operation

14. Egypt, Current Situation in International and Culture Cooperation in Criminal Matters • Counsellor Dr. Mohamed Eltaher & Judge Ehab Elsonbaty. Ministry of Justice Office for International and Culture Cooperation- Egypt ehabelsonbaty@hotmail.com ehabelsonbaty@yahoo.com office for International and Culture co-operation