The Egyptian government has announced a one-year postponement of the new criminal procedures law, set to take effect on October 1, 2026. According to Bahaa Abu Shaqa, a legal expert and counselor, this delay presents an opportunity to reassess the law before its implementation. He emphasized that the postponement should not be seen as merely a temporary shift in the law's effective date but rather as a chance to test the law in light of the reality it will be applied in.
Abu Shaqa highlighted that the quality of legislation is measured not only by the soundness of its phrases or the nobility of its objectives but also by its ability to be effectively applied and achieve its intended purpose. He noted that the law's impact will be evaluated based on its practical implementation, which will determine its success in achieving its goals. The postponement provides a chance to review and refine the law to ensure it meets the required standards.
The law in question is not merely a procedural law but is, in essence, a "law of liberties," as it intersects with the state's authority to prosecute crimes and the individual's right to freedom, defense, and a fair trial. Abu Shaqa stressed that the postponement should be utilized to conduct a thorough review and examination of the law, taking into account the practical requirements and challenges that may arise during its implementation.
A crucial question that must precede any legislation, according to Abu Shaqa, is not only "what do we want from the text?" but also "are there any obstacles or practical impossibilities that hinder its implementation as intended by the legislator?" He warned that a law that encounters unforeseen challenges during implementation may lose some of its effectiveness, regardless of the precision of its objectives or the quality of its drafting.
The postponement period should be used to fine-tune the legislative drafting, complete the necessary tools for implementation, and review the practical requirements, ensuring that the law is consistent with the constitution, the circumstances of time and place, and the requirements of practical justice. Abu Shaqa emphasized the importance of balancing the need to protect society with the need to safeguard individual liberties and the rights of defense.
Abu Shaqa noted that sound legislation, in the art of legislation and drafting, is not merely a text published in the official gazette but one that can be effectively implemented and lived by in a fair and just manner. He stressed that the law should provide the necessary tools for the justice system without undermining human rights and guarantees.
The postponement of the law's implementation has been seen as a positive step, allowing for a more thorough review and assessment of the law. Key stakeholders will have the opportunity to provide input and ensure that the law is implemented in a manner that is fair, just, and effective.
Key points
- The Egyptian government has postponed the implementation of a new criminal procedures law, providing an opportunity for a thorough review and assessment before its application.
