The Public Prosecution

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