Egypt’s House to discuss moral, ethical compensation for wrongful pretrial detention

CAIRO – 22 February 2025: The Egyptian House of Representatives (the lower house of parliament) will discuss the approval of moral and ethical compensation for wrongful pretrial detention during its general session tomorrow, Sunday, as part of the draft Criminal Procedures Law.

The proposed amendments to the law require the Public Prosecution to publish, at the government's expense, every final ruling that acquits a person previously detained in pretrial detention, as well as every order stating there is no reason to file a criminal case against them. This will be done in two widely circulated daily newspapers, aiming to provide moral compensation for the harm caused by wrongful pretrial detention.

Article 523 of the draft law stipulates that anyone detained in pretrial detention is entitled to compensation under the following conditions:

·       If the crime is punishable by a fine or a misdemeanor punishable by imprisonment for less than one year, and the accused has a fixed and known residence in Egypt.

·       If a final order is issued stating there is no reason to file a criminal case due to the invalidity of the incident.

·       If a final judgment acquits the person of all charges based on the fact that the incident is not punishable, is incorrect, or for any other reasons other than invalidity, doubts about the validity of the accusation, or reasons for permission, exemption from punishment, pardon, or abstention from responsibility.

In all cases, the State Treasury will bear the compensation costs. However, the person seeking compensation must not have been detained in pretrial detention or served a custodial sentence pending the case or other cases for a period equal to or longer than the period of pretrial detention or sentence for which compensation is being requested.