Law No. 174 of 2025: The New Criminal Procedure Code in Egypt

Law No. 174 of 2025: The New Criminal Procedure Code in Egypt

Introduction

On 12 November 2025, the President signed into force Law No. 174 of 2025, the new Criminal Procedure Code (CPC) for the Arab Republic of Egypt. The law, to be published in the Official Gazette and effective from 1 October following its publication, marks a major overhaul in the procedural framework governing criminal prosecutions and investigations. lawhub.info

This article provides an overview of its key features, objectives, and likely implications for the criminal justice system in Egypt.

Objectives and Scope

The law aims to modernise criminal procedure, harmonise investigation and prosecution processes with principles of fairness and efficiency, and reconcile procedural safeguards with the needs of public order and effective crime control. Under Article 1, the new code will apply — without prejudice to other procedural provisions in other laws — to all criminal procedure and its companion statute. lawhub.info+1

Furthermore, the law repeals the former Criminal Procedure Code of 1950 (Law 150 of 1950) and the provisions of Law 140 of 2014 concerning extradition of accused and transfer of convicted persons, as well as any inconsistent provisions. lawhub.info

Key Innovations and Changes

1. Time-limits and statute of limitations

One prominent change is the specification of limitation periods for prosecution. Under Article 17:

• For felonies (“جرائم الجنـايـات”) the statute is ten years from the date the crime occurred. lawhub.info
• For misdemeanours (“جنح”) the period is three years. lawhub.info
• For violations (“مخالفات”) the period is one year. lawhub.info
  There are also exceptions: certain serious crimes (such as those listed under various articles of the Penal Code) are excluded from limitation. lawhub.info

2. Prosecution initiation and preliminary requirements

The new code clarifies that the Public Prosecution (“النيابة العامة”) directs the investigation and pursues criminal prosecutions; no third-party may initiate prosecution or delay it except in cases specified by law. lawhub.info

In specific offences defined in the Penal Code (e.g., arts. 185, 274, 277, 279, 292, 293, 303, 306, 307, 308) a complaint (oral or written) from the victim or his agent is required unless the law states otherwise. lawhub.info

3. Arrest, detention and suspects’ rights

The code sets procedural safeguards for arrest and detention. For example:

• Except in cases of flagrante delicto (“تلبس بها”), a person cannot be arrested, searched, or have their liberty restricted without a reasoned judicial warrant. lawhub.info
• The arrested must be informed immediately of the charges, be given notice of the right to remain silent, contact family or counsel, and any statement made under coercion shall be void. lawhub.info
• Detainees must be held in proper detention locations only. lawhub.info

4. Search, seizure and electronic surveillance

The code strengthens the protection of the home’s sanctity: entry, search and surveillance are allowed only under a reasoned judicial warrant (except for emergencies such as fire or flood). lawhub.info

It provides specifically that communications, social media accounts, emails, technical devices may be monitored or seized only with a reasoned order from a judge, for up to 30 days (renewable) in crimes punishable by imprisonment over three months. lawhub.info

5. Pre-trial and investigative procedures

• During investigation, the Public Prosecution has the authority to conduct or delegate investigation of major crimes. lawhub.info
• The right of the accused to counsel is emphasised; if no lawyer is present, the investigating member must appoint one. lawhub.info
• Witness examination, expert appointment and confrontation procedures are set out in clear steps, enhancing transparency and formalising previously variable practice. lawhub.info

6. Alternative dispute resolution and settlement mechanisms

The law introduces structured mechanisms for settlement and reconciliation. For example:

• In certain misdemeanours and violations, the accused may settle the case by paying a portion of the maximum fine (one-third) before prosecution is filed. lawhub.info
• Reconciliation between victim and accused in specific listed offences results in the termination of criminal proceedings, while preserving civil rights. lawhub.info

Implications for Practice

The adoption of this new code is likely to have broad implications:

• It provides greater clarity and certainty for defence counsel, prosecutors and investigators about procedural timelines and safeguards.
• The enhanced protections for liberty, search and surveillance reflect a stronger alignment with fair trial and human rights norms.
• The structured settlement mechanisms may relieve court congestion for lesser offences and encourage early resolution.
• On the other hand, the new procedures will require significant adaptation by judicial, prosecutorial and law-enforcement institutions: amendments of internal rules, training, drafting of implementing regulations (ministerial orders under Article 5). lawhub.info

Challenges and Outlook

• Ensuring that the new safeguards are effectively applied in practice remains critical: for example, prompt notification of detainees, lawful issuance of warrants, and preserving rights of defence.
• The coordination between the new code and the “companion law” (القانون المرافق) needs clarity so that overlaps or gaps are avoided.
• Implementation of electronic surveillance warrants and compliance with the 30-day limits will be a litmus test of procedural compliance.
• Monitoring of how settlement/reconciliation mechanisms affect victims’ rights will be necessary to ensure justice is not compromised for expediency.

Conclusion

Law No. 174 of 2025 marks a landmark reform of Egypt’s criminal procedure framework. It balances the demands of effective crime control with enhanced procedural protections, and introduces mechanisms for early settlement, clearer timelines and reaffirmed rights of the accused. Its success, however, depends heavily on effective implementation, institutional adaptation and the vigilance of defence and civil society actors.

For full text and details of the articles, please refer to the law as published on the website of the Law Hub: https://lawhub.info/eg/?p=15000