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