The Egyptian Penal Code () is the governing body which determines the provisions related to criminal law, criminal acts, and punishment in the Arab Republic of Egypt.
Under the 2014 Constitution, Article 94, Egypt is established as a state ruled by the law. In Article 95, the Constitution establishes that punishment is determined by the laws of the land. The Penal Code is the supreme legal document concerning crime and punishment. The code was widely influenced by France, and continuously shaped by the British legal system. The most recent version of the Penal Code is from 1937.
History
The origins of the Egyptian penal code date back to the period of time known as the Pharaonic Era or Ancient Egypt. During this era, justice and the law were key elements of society. The powers in the justice system were assigned by the king and followed a hierarchy. In the Pharaonic Era, common law and judicial precedent were main sources of criminal law and procedure with the presence of some written law.
A set of rules and laws that had historical relevance in the development of the Egyptian criminal law and procedure was the Code of Hammurabi, created in 1754 BCE by the Babylonian King, Hammurabi. This code relied heavily on the principles of revenge, and used the idea of "self-protection" as justification for retaliation and punishment.
A final historical aspect that shaped the Egyptian Penal Code is the presence of Sharia Law (Islamic Law.) Sharia Law was and still is widely used across Arab countries as a method of criminal law. After many decades, Egypt abandoned Islamic law and replaced it with positive law.
The following are important codes that represent majorbro changes leading to the adoption and use of the current penal code.
Othman Penal Code of 1858
Egypt was under the rule of the Ottoman Empire from 1517 to 1867. The empire decided to create a new penal code after observing the passing of the French Penal Code of 1810. The French Code of 1810 was a source, but the code of 1858 was most closely adapted from the French Penal Code of 1832. The code of 1858 is relevant because it started the separation between religion and the law. Sharia law (Islamic law) was abandoned and the new penal code moved to a more legal frame. In the code, there are notable differences, the first pages presents a rough classification of different types of crimes and their punishments, something that has not been seen before.
The Othman Penal Code of 1858 was widely used by Arab Countries under the rule of the Ottoman Empire. This penal code remained as the guide for criminal law until almost the end of the empire. Additionally, it served as a foundation for the creation of new penal codes in Arab Countries including Egypt.
Egyptian Penal Code of 1904
Even before Egypt separated from the Ottoman Empire and became an independent state, it had already started passing its own laws and procedures. Egypt continuously developed new laws and adjustments to the legal system including the penal code.
The element that led to criminal law reform was the creation of mixed courts. Mixed courts had shared jurisdiction on civil and criminal matters. French influence and their legal reform in 1883 pushed criminal law reform in Egypt. In 1904, a new penal code with extensive was put in place. It drew from past codes and codes from other countries. The new code specified criminal law and criminal procedure for the Arab Republic of Egypt.
The Egypt Draft Penal Code of 1919
The draft of the Penal Code of 1919 came to life following the orders of Lord Kitchener. A first commission reviewed the code currently in place, which was the Penal Code of 1904. A second commission was in charge of drafting the changes. Although changes were intended to be made starting in 1914, those were not possible given the circumstances of World War I. The changes made to the code were widely influenced by the comparative analysis with other codes from different countries including India, Italy, and Switzerland. The motivation behind the changes was modernization and to fix existing errors.