Chapter One
The Public
Prosecution
Article 1:
The Public Prosecution is a constituent branch of the
Judicial Authority. It represents and acts on behalf of the society. Moreover,
being the authority that is always committed to maintaining the public interest
and the implementation of the law.
Article 2:
The Public Prosecution is vested with exclusive
authority and responsibility for carrying out criminal investigations.
Article 3:
The Public Prosecution initiates the criminal case by
following up its progress before the courts of law until the issuance of the final
judgment.
Article 4:
In addition to the above-mentioned, the Public
Prosecution carries out all the other terms of reference provided for by law,
or required by its administrative function.
Chapter two:
The Prosecutor General
Article 5:
The Public Prosecution is presided over by the
Prosecutor General, who is elected by the Supreme Judicial Council, from and among
the Vice-Presidents of the Court of Cassation, the Presidents of the Courts of
Appeal or the Deputy Prosecutor Generals, and appointed by a decree of the
President of the Republic for four-year term, or for the remaining period until
he reaches retirement age, whichever is earlier, for one time during the period
of his tenure.
Article 6:
The Prosecutor General is the representative of the
Social body in initiating criminal proceeding and follows its progress until
the issuance of the final judgment.
Chapter three:
The formation of the Prosecutor General's Office
Article 7:
The Prosecutor General's Office supervises the Public
Prosecution's affairs, and has the judicial and administrative authority over
its members.
Article 8:
The Prosecutor General appoints the Deputy Prosecutor
Generals, who undertake the terms of reference which they are entrusted with
and perform such other functions as may be assigned to them by him.
Article 9:
The Prosecutor General is substituted,
during his absence, when his post is vacant or his inability to
perform his functions by the senior of all the Deputy Prosecutors General,
who shall have all his powers.
Article 10:
The Prosecutor General's Office is formed from a
sufficient number of members of the Public Prosecution, that selected by the
Prosecutor General.
Chapter Four: The terms of reference of the Prosecutor
General and the members of his office
Article 11:
The jurisdiction of the Prosecutor General and his
deputies and the members of his office, include the authority of investigation
and prosecution within the whole territory of the Republic, and all the crimes committed
in any territory.
Article 12:
The Prosecutor General carries out his powers, and he
is entitled to entrust any of the members of his office to carry out on his
behalf the terms of reference which are not conferred upon him.
Article 13:
In order to achieve the requirements of the judicial
and administrative supervision over the Public Prosecution, the Prosecutor
General has the exclusive authority of the following:
a- Transferring of the members of the Prosecution to the
Court's circuit which they are appointed at.
b- The assignment of the members of the Prosecution
outside the court they are appointed at, for a period not exceeding six months.
c- Giving warning to the member of the Prosecution who breached
his duties after hearing his statements. The warning can be verbal or in
writing.
d- Filing a disciplinary action against the
members of the Public Prosecution and suspend the member who is being
investigated until the disposition of the disciplinary action.
e- Exercising the authorities of the Minister and the undersecretary
of the Ministry, which are prescribed by the law and regulations regarding the
employees of the Public Prosecution.
f- Requesting to bring a disciplinary action against the
employees of the Prosecutions and suspend them. Moreover, authorize days off
and impose the warning sanction and salary deduction.
Article 14:
The Prosecutor General carries out and the members of
his office the following jurisdictions:
a- Overseeing the prisons and other places where the
criminal judgments are implemented by visiting it and review its books and
contact any of the prisoners.
b- Supervising the
work related to the courts' finance.
c- Supervising the collection, keeping and cashing of
fines and other types of fees prescribed by the laws.
d- Authorizing the visiting of the prisoners.
e- Issuing orders for preventive detention against the
defendants in criminal cases, should the circumstances requires .
f- Implementation of the enforceable judgments rendered
in criminal cases.
g- Care for the interests of the devoid of discretion,
incompetent person and absentees and issue retention on their assets and
overseeing its management in accordance with the provisions of the law.
h- Issuing criminal orders in offenses where imprisonment
is not required by the law.
i- Issuing temporary decisions in tenure disputes.
j-
Attending the General Assemblies of the courts, and express opinion on
matters that relate to the work of the Public Prosecution, and invite the
General Assembly to any court to convene.
k- Submitting the death penalty cases before the Court of
Cassation together with the memorandum of opinion on these judgments.
l- Determination on extradition requests, mutual legal
assistance requests and transfer of sentenced persons which submitted from
abroad as provided by the constitution, the law and the international
conventions ratified by the State and entered into force.
m- File criminal cases against employees, public
officials or judicial officers for crimes committed by them during or because
of their job.
n- Cancel the order issued by the Public Prosecution regarding
the suspend of the judicial inquiries during the following three months of its
issuance, or the appearance of a new evidence which was not stated in the
documents.
o- Submitting petition to reconsider final judgments in
criminal cases for the cases set forth in the law.
p- Appeal the judgments rendered in criminal cases and
challenge for cassation.
q- When necessary and in case of urgency, issuing a
temporary order to prevent the accused, his spouse or minor children from
disposing or managing their assets, and submit the matter before the competent Criminal
Court at the legally specified dates, requesting Money Reservation order as a result of
sufficient evidence against the accused.
r- Requesting an order from the Cairo Court of Appeal to
review any data or information related to the accounts, deposits, trust funds
or bank custody and disclose it.
s- Place the defendants' names on the travel ban list in case
there is a serious risk that they will flee.
Translated by Heba Musa
21/2/2016
Translated by Heba Musa
21/2/2016
