Translation of Court ruling

In the Name of Allah The Rahman, The Merciful

In The Name of The People

The open hearing held at ________Misdemeanor District Court premises on Saturday corresponding to _________

Under the presidency of

___________________                      Court President

And in the presence of

_________________                            Prosecuting Attorney

_______________________                  Secretary

The following judgment was given

In the lawsuit # _____of _____ __________ misdemeanor

Brought by _____________________ – civil right claimant

AGAINST

_______________________

THE COURT

After listening to the pleading and reviewing the documents

Whereas, the facts of the action from reviewing all the papers can be summarized as follows: the claimant brought the action by virtue of a claim signed by Attorney at law and  filed with the Court Clerk and by duly serving upon the defendant and the prosecutor of ___________ in his capacity as the competent authority designated to conduct and initiate criminal cases; the claimant requested at the end of his claim to punish the defendant pursuant to Article 341 of the Egyptian Penal Code, and requested to oblige him to pay the amount of LE51 as a temporary civil compensation, the judicial expense and attorneys' fees.

On the ground that the defendant embezzled and wasted the sum of money he received as a trust, as per a certificate of deposition in trust (trust receipt) to be delivered to _____________, but he failed to hand over that trust to its owner. Causing harm to the claimant.

Whereas, the claimant frequently asked the said defendant to pay back the money he embezzled for himself, but he refused to do so, which caused the claimant to file this action in order to obtain a court ruling of his request.

Whereas, upon reviewing the transcripts of the hearings in this action, claimant appeared by counsel and submitted Summary statement containing the trust receipt the cause of the action and the defendant did not appear in person or by counsel, although he was lawfully notified, hence, a ruling may be given by default in implementation of the provision of Article 238/1 of Criminal Procedures.

As per to the well-established case-law of the Court of Cassation that the crime of breach of trust is based on movable property with material and nominal value to its owner, determined by every act indicate that the person who is entrusted with the money consider that money his own and acting accordingly. Appeal 1216 of 36 Judicial – hearing session 31/10/1966; it is not required to show the criminal intent in the crime of breach of trust by being expressly stated in the rulingو but it's enough to establish that the defendant committed the criminal act deliberately for the reason of depriving the victim of the thing he handed over in order to cause him harm – Appeal 1275 of 36 J, hearing session 20/12/1966 

According to the facts well-established by the conscience of the court that the defendant had received the said sum of money subject of the trust receipt the cause of the action, and which is deemed a trust deed contract as stipulated in the provision of Article 341 of the Penal Code.

Whereas, the defendant embezzled the entire amount of money with the intention of keeping it as he refused to deliver it and give it back to his owner when he was asked to do so and he showed procrastination to appear before this court in order to defend himself regarding the charges brought against him,

Accordingly, he should be punished in accordance with the provision of Article 341 of the Penal code as stated in the operative part of the judgment.    

                

As for the criminal court expenses; the court orders the defendant to assume such expenses pursuant to Article 313 Code of Procedures,

 Whereas the elements of the civil action were established of a fault from embezzling the sum of money he received as a trust in addition to causing harm to the claimant by not getting his money back.

Whereas, the said harm was an inevitable result and correlation from the fault of the defendant. Therefore, the causal link is established, and the court must grant the claimant's request pursuant to Article 163 of the Civil Code and rule in his favor a temporary civil compensation.

Whereas the expenses include the attorney's fees, the court makes it obligatory that the expenses be incurred by the defendant in implementation of Article 184/1 civil procedures and 187/1 lawyers' law 17/83 amended and Article 320/1 criminal procedures… 

Now, therefore

 The court gives its sentence in absentia sentencing the defendant to one year in prison with labor, a legal surety of one-hundred Egyptian pounds to the temporary suspend of execution; an amount of LE51 as a temporary civil compensation; in addition to 50 pounds as the attorney fees and expenses.

Clerk of the Court..............                                                      

Court President……..

Translation by Heba Musa

Translation of Articles from the Egyptian Penal Code

Article 40

Consider a partner in crime:

Secondly: who agreed with others to commit a crime and its committed, according to that agreement.

Article 41

Who participates in crime shall be punished unless it’s exempt by a law of special provision.

With this:

First: No effect on the special circumstances of the partner which permits the change of the description of the crime if the perpetrator was not aware of such conditions

Second: if the description of the crime changed due to the intent of the perpetrator or how he did it, shall be punished by the crime he deserves if the intent of the perpetrator of the crime the same as the intention of the partner.

Article 211 
Any civil servant committed during the performance of his duty, fraud in the judgments, reports, records, documents, books or other documents or public documents, whether by placing the signatures, forging the seals, changing the editors, the seals or the signatures or  increase the words or the names or the photos of other persons shall be punished by imprisonment with hard labor or imprisonment

Article 214
Who use a counterfeit documents as mentioned in the previous three articles while he knows its forged punished by hard labor or imprisonment from three to ten years

Part of Mubarak's judgement

It was ascertained by the knowledge residing in the breast of the judges of the court  that:

1-       Muhammad Hosni El Sayed Mubarak

2-       Gamal Muhammad Hosni El Sayed Mubarak

3-       Alaa Muhammad Hosni El Sayed Mubarak

From the year 2001 till 2011 under the jurisdiction of Heliopolis, Cairo Governorate.

First: the first defendant

1-              In his capacity as a Public servant "former President of Egypt," he embezzled and unlawfully facilitates the embezzlement of one hundred and twenty-five million, seven hundred and seventy-nine thousand, two hundred and thirty-seven pounds and fifty-three piasters which belong to one of the Country's Authorities. By issuing direct and indirect orders to his subordinates at the Presidency of the Republic to do construction and finishing work at his and his sons’ private properties and to pay for it from the allocations of the communications centers of the Presidency of the Republic from the budget of the Housing Ministry. Thus, the said subordinates executed these orders, thinking it’s a lawful act. Whereas, those two crimes have been inextricably linked to the two crimes of falsification of public documents and using it while knowing it. Whereas, at the same aforementioned place and time, and in his above-mentioned capacity, he committed with others of good faith which are the employees at the Presidency of the Republic, the Housing Ministry and Arab Contractors Co. and its sub-contractors the crime of forging official documents which are invoices and interim certificates for the financial year from 2001/2002 till 2010/2011 after being issued by the competent employee, by making the forgery incident  look like a lawful one and that was upon the first defendant's directions which they thought it's lawful. They considered the said invoices and interim certificates were regarding work related to the communications centers of the Presidency of the Republic, while on the ground, it was work at the defendants' private properties as stated in the investigations. He also ordered that the said forged documents to be submitted to the competent officials at the Ministry of Housing, claiming its validity in order to cash it and deduct the aforementioned sum of money from the above-mentioned budget.

2-          In his aforementioned capacity, he inflicted intentional harm and misappropriation of the funds which belong to his workplace by committing the felony subject of the previous indictment, and as a result wasting the sum of (125, 779, 237, 53) one hundred and twenty-five million, seven hundred and seventy-nine thousand, two hundred and thirty-seven pounds and fifty-three piasters on the construction work.

Second: the second and third defendants

Acting in concert with the first defendant by way of agreement and assistance in committing the two felonies subject of the aforementioned indictment by asking the competent employees at the Presidency of the Republic to do construction and finishing work and equipment and furniture supplies and other at their private properties, and indeed  the said orders were already executed by deducting the costs of the work and supplies from the allocations of the communications centers of the Presidency of the Republic.

Which requires convicting the three defendants in implementation of Article 304/2 of  the Penal Code and punishing them pursuant to Articles   40/2 – 3 ,41, 113/1 – 2, 116 bis, 118, 118 bis, 119, 119 bis, of the Penal Code. And to confiscate the seized forged documents in implementation of Article 30 of the same law.

Whereas, the crimes committed by the three defendants are inextricably linked, and been committed to execute one criminal act. Thus, it shall be deemed one crime and shall be punished for the most serious crime in implementation of Article 32 of the Penal Code.

As for the criminal expenses, the court orders the defendants to assume such expenses, pursuant to article 313 code of criminal procedures;

As for the civil part, the representative of the State Lawsuits Authority requested a temporary compensation which he asked for in the previous trial. According to the documents the previous court ordered in the hearing of 21/5/2014 to refer the civil lawsuit to the competent civil court at no expenses. Therefore, this court is not competent to consider the civil part.

For these reasons;

After reviewing the aforementioned Articles:

The Court gave the following ruling in the presence of the defendants:

1- punishing Muhammad Hosni El Sayed Mubarak, Gamal Muhammad Hosni El Sayed Mubarak and Alaa Muhammad Hosni El Sayed Mubarak to three years rigorous imprisonment by virtue of what assigned to them by accusation. 

 2- to be jointly fined (125, 779, 237, 53) One hundred and twenty-five million, seven hundred and seventy-nine thousand, two hundred and thirty-seven pounds and fifty-three piasters.

3- ordering the defendants to repay the sum of (21, 197, 18, 53) twenty million one hundred and ninety-seven thousand and eighteen pounds and fifty-three piasters.

4- the confiscation of the seized forged documents.

5-  ordering  the defendants to pay criminal expenses.

6-  the inadmissibility of reviewing the civil part of the case because it was referred to the competent civil court.

The following judgement was given in public, at today’s hearing Saturday corresponding to 9/5/2015.

Translation by Heba Musa 28/5/2016

Translation of the Egyptian anti-terror laws

Article 1

In the implementation of the provisions of the present Law, unless the context otherwise requires, the following words and terms shall have the meanings hereunder assigned to them

1-     Terrorist group

Every group, association, body, entity, organization, a gang of at least three people or other or entity of such character, regardless of its legal form or actual existence, whether within or outside the country and whatever its nationality or the nationality of those who belong to it.; aims to commit one or more of the crimes of terrorism or terrorism was the mean used to achieve or execute its criminal purposes.

2-     Terrorist:

Every natural person who commits or attempts to commit, incite, threaten or plan inside or abroad a terrorist crime by whatever means, even if individually or contribute to this crime under a joint criminal plan or took command or leadership or managing, forming, establishing or joining any of the terrorist entities stipulated in Article No. (1) of the Decree of the President of the Arab Republic of Egypt Act No. 8 of the year 2015 concerning the regulation lists of terrorist entities and terrorists, or funding it, or contributing to its activity while knowing it.

3-     Terrorist crime:

Every offense set forth in this law, as well as every felony or misdemeanor committed by using one of the means of terrorism or for the purpose of carrying out a terrorist act or for the purpose of calling to commit any of the foregoing crime or threat, without prejudice to the provisions of the Penal Code.

4-     Conventional weapons

Arms, ammunition, explosives and gelatinous material which provided for by the law.

5-     Unconventional weapons

Weapons, nuclear, chemical, biological, radiological, biological or any other natural materials or artificial solid, liquid, gas or steam substances whatever their origin or method of production have the ability and competence to cause death or serious physical or psychological injuries or damages the environment or buildings and facilities.

6-     Funds

All assets or property of any kind, whether material or intangible, movable or immovable, including documents, local or foreign currency, securities or commercial paper and instruments and documents proving the foregoing in whatever form, including digital format or e – Form and all the rights which related to any of them.

Translation by Heba Musa