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Questions and Answers
Which of the following is an example of a habit crime?
Which of the following is an example of a habit crime?
- Assault
- Theft
- Habitual prostitution (correct)
- Fraud
The non-retroactivity of unfavorable criminal provisions allows new unfavorable rules to apply without any conditions.
The non-retroactivity of unfavorable criminal provisions allows new unfavorable rules to apply without any conditions.
False (B)
What must be true for a crime to be classified as habitual?
What must be true for a crime to be classified as habitual?
The act must be repeated at least twice.
The principle of ________ applies when a new criminal provision is less favorable to the accused.
The principle of ________ applies when a new criminal provision is less favorable to the accused.
Match the criminal concepts with their definitions:
Match the criminal concepts with their definitions:
What happens if a continuing crime starts under an old rule and finishes under a new rule?
What happens if a continuing crime starts under an old rule and finishes under a new rule?
Changing the punishment from five years of prison to three years of aggravated prison is considered unfavorable to the accused.
Changing the punishment from five years of prison to three years of aggravated prison is considered unfavorable to the accused.
What is required for a new offense to be unfavorable on the level of criminalization?
What is required for a new offense to be unfavorable on the level of criminalization?
What does Article 95 of the Egyptian constitution stipulate regarding penalty?
What does Article 95 of the Egyptian constitution stipulate regarding penalty?
The Egyptian criminal code allows the imposition of penalties for acts committed before the law was established.
The Egyptian criminal code allows the imposition of penalties for acts committed before the law was established.
What is the principle concerning the retroactivity of favorable laws in Egyptian criminal law?
What is the principle concerning the retroactivity of favorable laws in Egyptian criminal law?
The act of shooting and an immediate death is considered a crime committed at the moment of _____ .
The act of shooting and an immediate death is considered a crime committed at the moment of _____ .
In the case where the outcome of a crime occurs after a long period, when is the crime considered committed?
In the case where the outcome of a crime occurs after a long period, when is the crime considered committed?
Match the crime type with their respective definition:
Match the crime type with their respective definition:
In cases of _____ crimes, the crime is considered to be committed during the entire duration of the act.
In cases of _____ crimes, the crime is considered to be committed during the entire duration of the act.
What kind of outcome leads to the classification of a crime as a 'divergence of elements'?
What kind of outcome leads to the classification of a crime as a 'divergence of elements'?
What is required for a new rule to be retroactively applied?
What is required for a new rule to be retroactively applied?
A rule that decriminalizes an offense can be considered favorable to the accused.
A rule that decriminalizes an offense can be considered favorable to the accused.
What is the significance of a final judgment in the context of retroactive application of favorable rules?
What is the significance of a final judgment in the context of retroactive application of favorable rules?
A punishment is considered more lenient if it changes from a higher punishment like ____ to a lower punishment like ____.
A punishment is considered more lenient if it changes from a higher punishment like ____ to a lower punishment like ____.
Which of the following scenarios illustrates a rule that is unfavorable to the accused?
Which of the following scenarios illustrates a rule that is unfavorable to the accused?
Match the following types of punishments with their implications:
Match the following types of punishments with their implications:
Which condition must be met for a new criminal rule to be considered favorable?
Which condition must be met for a new criminal rule to be considered favorable?
Define what constitutes a favorable rule in the context of punishment.
Define what constitutes a favorable rule in the context of punishment.
What happens when a judgment becomes irrevocable?
What happens when a judgment becomes irrevocable?
The new rule applies to an accused who has not yet started serving their sentence.
The new rule applies to an accused who has not yet started serving their sentence.
What is a temporary law?
What is a temporary law?
An individual can be __________ if a new rule decriminalizes the act they were convicted of.
An individual can be __________ if a new rule decriminalizes the act they were convicted of.
Under which condition does a new criminal rule apply retroactively?
Under which condition does a new criminal rule apply retroactively?
Crimes committed under temporary laws cannot be prosecuted after the law becomes inapplicable.
Crimes committed under temporary laws cannot be prosecuted after the law becomes inapplicable.
What must happen for a new criminal rule to release an individual from responsibility after a final judgment?
What must happen for a new criminal rule to release an individual from responsibility after a final judgment?
Match the following terms with their definitions:
Match the following terms with their definitions:
What is the outcome when a new law reduces the penalty from 3 years to 2 years for a theft case?
What is the outcome when a new law reduces the penalty from 3 years to 2 years for a theft case?
If an accused person instigates a crime under the old law, a new harsher law can be applied retroactively to them.
If an accused person instigates a crime under the old law, a new harsher law can be applied retroactively to them.
What should a judge consider when deciding between two conflicting provisions?
What should a judge consider when deciding between two conflicting provisions?
In cases where provisions are inseparable, if the court opts for clemency, it should apply the rule with the lesser __________.
In cases where provisions are inseparable, if the court opts for clemency, it should apply the rule with the lesser __________.
Match the following scenarios with their applicable laws.
Match the following scenarios with their applicable laws.
What is the judge's approach when faced with non-separable conflicting laws?
What is the judge's approach when faced with non-separable conflicting laws?
The law governing firearms possession allows a defendant to be prosecuted based on when the possession began.
The law governing firearms possession allows a defendant to be prosecuted based on when the possession began.
In the case where 'A' possesses a firearm and a new law increases the penalty, what could 'A' argue?
In the case where 'A' possesses a firearm and a new law increases the penalty, what could 'A' argue?
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Study Notes
Temporal Jurisdiction in Egyptian Criminal Law
- Article 95 of the Egyptian Constitution dictates that penalties are only imposed for acts committed after the law imposing it comes into force.
- Article 5 of the Egyptian Criminal Code adheres to this principle, stating that crimes are punished according to the law in force at the time of their commission.
- Retroactivity of Favorable Rules: If a more favorable law is issued after a crime is committed but before a final judgment, that law will be applied exclusively.
- Determining the Time of Commission: Identifying when a crime occurs is crucial for determining applicable law.
- Instantaneous Crimes: The time of the act and the result are considered the same.
- Divergence of Elements: The crime is considered to have been committed at the moment of the act, not the result, even if the result occurs later.
- Continuing Crimes: The crime is considered in commission during the whole period of the act, starting from the commencement and ending with the termination of the crime.
- Complex Crimes: The crime is considered committed at all moments when constituent acts of the material element are fulfilled.
- Habit Crimes: The crime is considered committed at any moment when one of the required acts occurs, either the first or the second.
- Non-Retroactivity of Unfavorable Rules: New unfavorable criminal provisions cannot be applied retroactively if the entire crime is committed under the old provision.
- Part of Act Under New Provision: If only part of the act is committed under the new provision, the new provision will apply.
- Continuing Crimes: If the act starts under the old rule and finishes under the new rule, the new, even if unfavorable, will apply.
- Complex and Habit Crimes: If any part of the act is committed under the new rule, it applies regardless of favorability.
- Determining Unfavorable Rules:
- Criminalization:
- New offenses created.
- Removing an element of the legal structure of the offense, making it easier to prove.
- Punishment:
- Harsher punishment, like changing from imprisonment to prison, or from prison to aggravated prison.
- Changing the grade of punishment even if the term is lesser is unfavorable.
- Higher quantum of punishment is unfavorable.
- Criminalization:
- Retroactivity of Favorable Rules:
- Conditions:
- The new rule must be favorable to the accused.
- The rule must be promulgated before a final judgment is pronounced.
- Favorable Rules:
- Criminalization: Decriminalizing an offense or adding an element making the offense harder to prove.
- Punishment:
- Making the punishment more lenient.
- Changing the grade of punishment to a lower degree, even if the term is longer.
- Lower quantum of punishment.
- Final Judgment:
- A final judgment is one that cannot be appealed.
- The new rule applies if the case is still under review by a higher court.
- The new rule does not apply if a final judgment has been made, even if the sentence has not started.
- Exception:
- If the new rule decriminalizes the act, the person is absolved of responsibility regardless of a final judgment or even if they are serving their sentence.
- Conditions:
- Exceptions to Retroactivity of Favorable Rules:
- Temporary Laws: Even after the expiration of the temporary law, actions committed during its application are still subject to its provisions.
- Mixed Provisions:
- Separable: The favorable provisions apply retroactively, and the harsher provisions do not.
- Inseparable: Concrete appreciation is used based on the offender's circumstances.
- If the court is lenient, the lesser minimum applies.
- If the court is not inclined to clemency, the lesser maximum applies.
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