Untitled Quiz

General Penal Code

• This is a legal study on the general penal code.
• The text covers the general part of Egyptian Penal Code, specifically those parts relating to the basic rules and principles that apply; and not to the specifics of the penalties for particular crimes.
• The penal code was issued in 1937.
• It is divided into four books.
• The first book covers preliminary provisions.
• The second book covers crimes against public interest.
• The third book covers crimes against individuals.
• The fourth book covers traffic offenses.

General Part and Specific Part

• The general part of the Penal Code includes the general principles of the application of the law, including time and place; the theory of crime; and the theory of punishment. The specific part covers the various crimes that this law punishes. This includes crimes against the security of the government, crimes against the government, and other crimes, like explosives, bribery, embezzlement, assault, exceeding official duties, offenses related to religion, etc.

Introduction

• Students are the author's source of happiness and strength.
• The author has a strong connection with their students.
• The author finds it pleasant to be amongst their students.
• The author is Dr. Tamer Mohamed Saleh.

Penal Code and Criminal Procedure

• The Penal Code defines the acts that are considered crimes and the penalties for them.
• The Criminal Procedure Code deals with the legal processes of a criminal case, from investigation to trial.
• These codes deal with the objective and procedural aspects of the law, respectively.

Penal Code and Criminology

• The Penal Code sets the rules for what is criminal and punishable.
• Criminology provides supporting analysis of crimes to determine the causes and nature of the crime and the character of the offender to help in combating crime.

Penal Code and the Science of Punishment

• The science of punishment (penology) studies punishment and related measures.
• This includes the study of prisons (penitentiaries), and implementation of deprivation of freedom.

Penal Theory of Crime

• The first part covers the source and scope of the Penal Code's application.
• The second part clarifies crimes, their different types, and their elements.
• The third part covers justifications for the criminal act, and reasons of absence of criminal responsibility.

Penal Theory of Penalty

• This part covers different topics.
• Such as the definition of a criminal penalty and the types of sentences in the criminal code.
• How the sentences are applied, and how the sentences can expire.
• This covers protective measures.

General Penal Code - Theory of Crime

• Section about the source and scope of the Penal Code.

• Explains the meaning of a crime, different categories, and constituents.

• This also covers justifications for criminal acts and why the responsibility isn't applicable.

• Chapter concerning the principles of criminal legitimacy

• The required aspect of criminal legitimacy

• The legal basis of criminal legitimacy

• Criminal legitimacy in Islamic law

• Evaluation of the principle of legitimacy and several critiques about the principle of legitimacy.

• The principle of legitimacy and safeguarding individual liberty.

• Scrutinizing the scope of criminal law and examining potential criticisms regarding the necessity of legislation to define criminal acts and prescribe punishments.

• Safeguarding individual liberties.

• The need for clarity and precision in criminal legislation

Penal Code Scope

• Application of the penal code in terms of time and location. -Territoriality principle -Exceptions to the territoriality principle

###Application of Penal Code in terms of Location -Territoriality Principle

• The penal code applies to any crime committed within the country's territory, regardless of the perpetrator's or victim's nationality.
• The principle of territoriality reflects the state's sovereignty over its territory. This approach is different from civil and personal status laws, which allow for the application of foreign law.

###Application of Penal Code to Crimes Committed Outside the Country's Territory

• Exceptions to the territoriality principle, such as:
  • The principle of immediacy
  • The principle of materiality
  • The nationality principle
  • The flag principle
  • The universality principle

###Application of the Penal Code in Terms of Time

• The general principle is to apply the law that was in effect at the time the crime was committed ("the law of the act").
• Exceptions arise with the principle of the "most favorable law to the defendant."

###Application of Penal Code in Terms of Time - The Most Favorable Law to the Defendant

• The principle of the most favorable law to the defendant applies when a new law is passed after the crime was committed but prior to the final judgment. This principle ensures that the defendant is subject to the most favorable law.
• The principles of the "most favorable law" to the defendant in case of law modifications that diminish or eliminate criminal liability.
• This is different from laws that are not criminal and can be applied retroactively.

###Principles of Criminal Law and Their Consequences

• The principle of criminal legitimacy protects individual liberty from arbitrary application of judicial or executive power (regarding retroactive application).
• Scrutinizing and examining the need for legislation to be clear and precise in defining criminal acts while preserving liberty.
• Discussing the roles of executive and judicial branches in criminal law and reviewing the need for legislation that avoids retroactive application.

###Categories of Crime

• Classifying crimes by severity (felonies, misdemeanors, and offenses).
• Explaining how these categories affect the application of the law.
• Examining the different criminal categories based on material and mental elements.

###Crime and Liability (Difference between Criminal and Civil Liability)

• Distinguishing criminal from civil liability.
• A criminal act always involves violating a law; whereas, a civil wrong is any harm committed that results in an injury.
• This difference is established in terms of their determination by law (criminal requires a clear legal determination).
• Criminal acts may or may not involve a demonstrable effect on someone in the event the action is categorized as a "danger crime;" whereas, in "injury crimes," there's a clear demonstrable effect on a person as a result of the action that was taken.

Criminal Elements (Material and Mental Elements)

• Discusses concepts central to criminal responsibility, such as "element of the act (material element)" and "element of the intent" (mental element).
• Analyzes the differences between criminal acts and acts of omission.
• Discusses additional criteria, or preconditions, that law may require for a criminal act to be considered a crime.
• Explains and examines various criteria relating to the required degree of criminal responsibility as well as the required degree of criminal intent.

###Circumstances of the Crime

• A circumstance is an additional factor that doesn't affect a criminal act's composition or description but can influence the penalty. -Distinguishing between circumstances, elements, and the law's preconditions for a crime. -Differentiating between aggravating and mitigating circumstances. -Exploring various categories and types of circumstances in a criminal act, such as objective and subjective circumstances as well as general and specific circumstances.

###Preconditions to Punishable Acts

• A precondition is a necessary step in a criminal case that the law requires for the crime to be penalized.
  • Discussing preconditions for establishing criminal liability, and examining their connection to and influence on the act itself.
  • Illustrating examples of preconditions such as when the law requires a specific action or the fulfillment of certain circumstances.

###Classification of crimes

• Categorization of crimes, including felonies, misdemeanors, and offenses, based on punitive criteria.
• Explaining how the severity of the punishment affects the classification.

###Crimes of Risk and Crimes of Harm

• Distinguishing between crime of risk (formal crimes) and crime of harm (material crimes).
• The crucial role that a material consequence plays in formal crimes in defining crimes of risk (unlike crimes of harm).

###Temporary, Continuous, and Cumulative Crimes

• Discusses the difference in legal implications of time and location between temporary, continuous, and cumulative crimes.
• Explaining how the law applies to each category of crime differently (based on the situation, the actors, and the effect.)

###Crimes of Habit

• Differentiates between crimes of habit and the recurrence of criminal behavior.
• Evaluating the distinct elements that must be met for a crime to be recognized as a continuous criminal act.

###The Principle of Retroactivity

• A principle that outlines the conditions under which laws can be applied to past acts. -Discussing the prohibition of retroactive application of criminal laws, with exceptions for the more favorable law, for crimes of habit, etc.

###The Principle of the Most Favorable Law to the Defendant

• Exception to the principle of retroactive application of criminal laws, outlining under what conditions a more beneficial law can be applied retroactively.
  • Discussing various ways criminal law, legislation, and jurisprudence can be beneficial to the defendant.

###International Agreements and Criminal Law

• Discusses the role of international agreements in criminal law.
• Discusses the importance of clarity and precision in international agreements to ensure domestic application.

###Legal Immunity and International Law

• Defining the scope of diplomatic immunities and how they affect the application of domestic criminal law.
• Explaining situations in which the application of a particular law can be considered to be in conflict with international law.

###Imputability

• Analyzing the criminal responsibility of those who act under certain constraints, such as minor age or mental disability.
• Establishing the criteria to determine who can or cannot be held accountable for criminal actions and what measures are applicable.

###The Principle of Imputability and Mental/Psychological Conditions

• Addressing various conditions such as mental incapacity, coercion, and duress as factors that might negate criminal responsibility.
• Analyzing the role of psychological conditions in assessing criminal intent.

###Crimes Committed Under the Influence of Drugs or Alcohol

• Analyzing the potential relevance of drug or alcohol use to criminal responsibility, specifically examining degrees of voluntary and involuntary intoxication.
• Examining the various factors that may or may not mitigate a person's culpability regarding intentional versus unintentional crimes and the use of drugs or alcohol.

###Immunity(s)

• Analyzing situations or conditions in which a person is afforded immunity from criminal or civil prosecution under common legal frameworks.

###The Principle of Immediacy

• Describing the constraints imposed on the use of legitimate self-defense at specific points in a legal proceeding when the act is classified as "immediate" and in which a person is afforded immunity or privilege from prosecution.

###Preconditions for Justifying Self-Defense

• Explaining the circumstances under which self-defense can negate criminal responsibility for a committed act and what is required for self-defense use to be legitimate and justifiable; for instance, what measures must be taken before resorting to self-defense in the event that another recourse is available, such as notifying the authorities.

###Limitations on Self-Defense

• Describing limitations on the exercise of the right to self-defense, such as the prohibition of using excessive force or when the threat is no longer imminent.

###The Use of Force in Defense of Person or Property

• Describing instances in which the use of force is permissible as self-defense in various situations that involve defense of self, property, or the property of others.

###The Principle of Proportionality

• Explanation of the limitations on the amount of force that can be used in self-defense and the situations required for self-defense use to be proportional/suitable to the degree of imminent harm.

###Impunity in Cases of Self-Defense

• Explaining the circumstances under which the use of self-defense may not be considered a crime, but rather an instance of the lawful exercise of a right.

###Legal Basis of Impunity

• The legal foundation for the non-application of the law in cases that involve issues of self-defense.

###Exemptions

• Explaining different legal grounds that can be used to exclude a person's criminal responsibility and/or liability in given circumstances. This can include a person's age or psychological state, a person's use of rights (e.g., self-defense), or other factors.

###The Role of Judicial Discretion

• Discussing the importance of judicial discretion in assessing various factors, such as motives, circumstances, and potential mitigating or aggravating factors, in criminal cases where a person's responsibility may be challenged or diminished.