The Criminal Justice in Egypt • The Arab Republic of Egypt is situated in north East the Africa Continent, it joins Asia and Africa. Jordan and the Red sea limit it from the East, the Mediterranean, Labia from the West and Sudan from the South.
The population of Egypt is 70 million, its surface is1654000KM . Egyptians live on the Nile’s banks which is one of the longest rivers in the world. Herodoit said “ EGYPT IS THE GIFT OF THE NILE” It is the artery of life in Egypt.
Egypt has a strategic location, because it is the heart of the Middle East and the Suez canal which joins the Mediterranean and the Red sea. • Egypt is the cradle of civilizations. According to Unisco statistics.
Egypt has one quarter of the world s monuments, it has pharynx civilization such as the pyramids which is one of the seven wonders, it also has Greek civilization,Roman civilization, Coptic civilization, as well as Islamic civilization.
Egypt relies on tourism, agriculture, petrol, industry and Suez Canal as a source of the national income.
Egypt achieved a great position during the last two centuries in the field of agriculture where as the cultivated area has greatly increased after the reclamation of agricultural lands.
Egypt achieved an advancement in the field of industry where as many industrial cities were built as six October city which is situated west the capital.
Egypt’s political system is republican.There are three separate authorities which are the legislative authority that represents the people’s Assembly, the executive authority and the judicial authority.
The Judicial authority, we are proud to belong to it, is one of the most important authorities in Egypt which aims to realize justice for people. • The Egyptian Judicial system is considered one of the oldest systems in the Arab world.
Judiciary in Egypt is divided into two sections, the first one is “ Judges” and the second one is “public prosecutors”. • Judiciary has the supreme judicial council which has full responsibility of judges affairs and the public prosecutors. • This council supervises their works from the technical side and chooses the best members to work in this field.
The Egyptian Ministry of Justice always aims to raise the abilities of its judicial members, the practical and technical abilities, so the ministry established the National center for judicial studies.
This center mainly aims to train the new public prosecutors and the new judges in the judicial field. • The center always trains the public prosecutors and the judges continuously by holding specialized courses in all aspects of law to discuss the new subjects, the problems which appear during the application of law.
N.C.J.S also aims to held courses for the member of judiciary to discuss the new legislations in Egypt and way of applying them. • N.C.J.S also aims to held courses about the International Human law in cooperation with the International committee of Red Cross and also held courses about the Human right law in cooperation with U.N.D.P.
Human rights law is one of most important subjects in N.C.J.S. • The Ministry of Justice established a specialized administration for Human rights. • Which aims to receive the complaints of the individuals, accused or the prisoners, this administration finds solutions for these complaints in cooperation with the police and the other systems.
Egypt showed a great importance of Human Rights from long time. • In the pharo civilization for example man has the right in life, work and in the fair trial. • The Egyptians still give importance to these rights.
The Egyptian constitution ensures the protection of Human Rights. • The constitution includes the principles of Human Rights as:- • The principle of people, the source of authorities. • The principle of the political freedom. • The principle of the right of nationality.
4- The principle of protection the family motherhood and childhood. 5- The principle of equality between man and woman. 6- The principle of the right of the free education. 7- The principle of the fair distribution of the national income.
The most important international explanations through the international mechanism of human rights, which are experts committees formed in accordance with the international agreements or through the regional mechanism of human rights in accordance with regional conventions in the legal status of international conventions of human rights in the motion’s legal system.
The Egyptian constitutional legislator followed the system which gives international convention the force of law whereas international conventions in general and according with the legal system. • In Egypt has the equivalent importance of laws in its legislation form and leas the second importance after the constitution.
AS a result of the attestation of the convention, it is considered as a law of the inside laws concerning. • The legislative authority as so its passions are considered one of the applied legal provision and enforceable before all the motion’s authorities either legislative or executive or judicial.
There are many practical applications of the international conventions in this field.
Egypt signed for example:- • The international covenant of the political and civil rights in4\8\1967. • The international covenant of the economical and social rights in 4\8\1967. • Egypt joined the refugees convention in 22\5\1981. • Egypt joined the African covenant of Human Rights 1981.
5- Egypt joined the convention of child rights 1990. • 6- Egypt joined the convention of ending all the forms of partiality against woman in 1981. • 7- Egypt joined the convention of political rights in 1981.
The Egyptian constitution set grantees concerning the Human Rights. • The constitution does not only stipulate the principles of human rights and his freedom in the constitution but also exceeds that by setting constitutional guarantees in article (57) in the constitution.
This article stipulatesthat any violation of personal freedom and privacy of citizens and other rights and freedom stipulated by the constitution is a crime which the civil and criminal cases can not become subject to limitations or prescription, the nation guarantees fair compensation for the assailed person.
The constitution stipulates the right of a fair trial in article (67), the restraints of fair trial are initial rules which reflect the integrated system concerning the human dignity and his basic rights and to ensure the limitation of the legislative authority when imposing the penalty to protect the social system.
Penalty should be according to the right concept of the criminal justice. • There is a coordination between the public prosecution and the Ministry of the interior affairs in the field of respecting the human rights, this is the previous stage of the stage of fair trial and it is considered the base of this trial.
The competent court that decides a speedy suitable punishment for the dead committed by the defendant in order to protect the rights of the plaint and the defendant. • The role of the prosecution is not only concerning this issue but it expands to the supervision of prisons and the coundination with the police to set up principles and rules to protect the rights of prisoners.
The Egyptian legislator guaranteed the legal protection for the defendant during his trail as will as the right to defend himself, so he stipulated the obligation of the criminal court to appoint a lawyer to defend any defendant who does not have a lawyer.
The legislator gave a great concern to the rights of the defendant during the investigation of the prosecution where the Egyptian law binds the modification of the defendant of his accusation in the first stage of investigation, which should be an understandable language for the defendant and to appoint an interpreter to translate the questions.