Constitution

Egypt 2014 Constitution (reviewed 2019)

Table of Contents

Chapter Four. Rule of Law

Article 94. Rule of law

The rule of law is the basis of governance in the state.

The state is subject to the law, while the independence, immunity and impartiality of the judiciary are essential guarantees for the protection of rights and freedoms.

Article 95. Punishment

Penalties are personal. Crimes and penalties may only be based on the law, and penalties may only be inflicted by a judicial ruling. Penalties may only be inflicted for acts committed subsequent to the date on which the law enters into effect.

Article 96. Due process

The accused is innocent until proven guilty in a fair court of law, which provides guarantees for him to defend himself.

The law shall regulate the appeal of felony sentences.

The state shall provide protection to the victims, witnesses, accused and informants as necessary and in accordance with the law.

Article 97. Right to litigate

Litigation is a safeguarded right guaranteed to all. The state shall bring together the litigating parties, and work towards speedy judgment in cases. It is forbidden to grant any act or administrative decision immunity from judicial oversight. Individuals may only be tried before their natural judge. Extraordinary courts are forbidden.

Article 98. Right to defense

The right of defense either in person or by proxy is guaranteed. The independence of lawyers and the protection of their rights are ensured as a guarantee for the right of defense.

For those who are financially incapable, the law guarantees the means to resort to justice and defend their rights.

Article 99. Violation of personal freedom

Any assault on the personal freedoms or sanctity of the life of citizens, along with other general rights and freedoms guaranteed by the Constitution and the law, is a crime with no statute of limitations for both civil and criminal proceedings. The injured party may file a criminal suit directly.

The state guarantees just compensation for those who have been assaulted. The National Council for Human Rights shall inform the prosecutor’s office of any violation of these rights, and also possesses the right to enter into an ancillary civil lawsuit on the side of the injured party at its request. This is as specified within the law.

Article 100. Implementation of court decisions

Court decisions shall be issued and implemented in the name of the people. The state guarantees the means of implementing them as regulated by the law. Refraining from implementing or impeding implementation by the competent public servants is a crime that is punishable by law. The prevailing party in such a case may file a criminal suit directly with the competent court. Upon the request of the prevailing party, the public prosecution must raise criminal proceedings against the public servant who refrained from implementing the decision or impeded it.