Brief regarding the financial penalties in the Arab republic of Egypt

Brief regarding the financial penalties in the Arab republic of Egypt

The Egyptian legislator has set a general rule regarding the implementation of criminal sentences prescribed in article number 460 of the criminal procedures code which stated that “sentences issued from criminal courts does not implemented provided that it became final unless its stated otherwise”. However, with the exception of some of the sentences which are as follows:

Sentences that must be implemented once issued in accordance with article 463 of the criminal procedures code:

There are sentences that are to be implemented instantly despite being repealed; they are as follows:

Sentences issued with fines and expenses

Sentences issued with imprisonment for theft

Sentences issued with imprisonment to a return fugitive defendant

Sentences issued with imprisonment to a defendant who has no residence in Egypt (Article 463) as fearing his escape and the sentence shall be implemented upon being issued.

Sentences issued of acquittal or other penalty does not require implementation of imprisonment, and sentences issued with custodial penalty if the sentence ordered to suspend the implementation of the penalty, or if the defendant has spent the duration of his prison term in preventive custody/detention. Therefore, the immediate implementation of these penalties requires the immediate release of the defendant.

Sentences issued regarding measures on child as well as sentences issued in misdemeanors stipulated in act no. 182 of 1960 concerning competing of drugs.

How to execute financial penalties:

Article 505 of the Criminal Procedures code stated that during the settlement of the amounts due on fines and what should be return in addition to compensations and expenses.

The public prosecution should legally notify the defendant with the amount due before implementation in case it wasn’t determined in the sentence. But if it was determined it shall be collected by the set forth ways stipulated in the code of civil and commercial procedure or by administrative ways for collecting governmental money (article 506 of criminal procedure code).

The kind and difference of the financial penalties:

Fine is sum of money determined by judicial sentence and paid by the defendant to the State Treasury.  According to article 22 of the Egyptian penal code