Penal Law Summary PDF

## Chapter one ### The nature of crime and its divisions ### The first topic: Defining crime and distinguishing it from others: #### Definition of crime: The legislator did not establish a specific definition of crime in the Penal Code. Jurisprudential definitions of crime have varied but these...

## Chapter one ### The nature of crime and its divisions ### The first topic: Defining crime and distinguishing it from others: #### Definition of crime: The legislator did not establish a specific definition of crime in the Penal Code. Jurisprudential definitions of crime have varied but these definitions can be summarized by saying that crime is every unlawful act resulting from a criminal will free, and the law determines a penalty or a precautionary measure for him. #### Criminal Crime and Civil Tort: The criminal crime has in common with the civil wrong in that both of them came from an unlawful act. However, the act constituting the criminal crime must have its source in the punitive text contained in the original or supplementary penal code or in any other penal texts. As for the act, the problem of civil tort has its source in civil law. #### Distinction Between a Criminal Offense and a Civil Tort: ##### Civil Tort: It is linked to the idea of harm, such that if the tort act does not result in harm, the elements cannot be determined. Article 163 of the Civil Code defines the acts constituting a civil tort as every act that causes harm to others. Therefore, every act that constitutes a deviation from usual behavior can constitute a civil wrong. The moral element (mens rea) for a civil tort, the presence of an unintentional wrong is sufficient for its establishment. The penalty for a civil tort always takes the form of compensation, aiming to redress the damage and achieve the interests of the person harmed by the act. A civil wrong may exist without a corresponding criminal offense if the harmful act is not subject to a criminalization statute. For example, fraud in the context of civil contracts may not rise to the level of criminal fraud, yet it can still result in civil liability. #### Criminal Crime (criminal offense): The acts constituting the criminal offense are specified in the texts of criminalization and punishment, the elements are clear and included exclusively. On the contrary, if the act lacks clarity and specificity, the text becomes a violation of the constitution. The moral element (mens rea) of a criminal crime must take one of two forms: either intentionality or unintentionality. The penalty for a criminal crime takes the form of punishment or precautionary measures, and aims to achieve the public interest. It is conceivable that a criminal crime exists without a civil tort, if the illegal act is subject to a criminalization text, but the occurrence of the crime does not result in harm to a person. In this case, no civil tort occurs, nor civil liability. Examples of this include cases of attempted crime, construction without a license, and failure to submit a tax return. Likewise, a criminal offense and a civil tort may occur as a result of committing a single unlawful act, as is the case in the crime of murder or accidental injury, and the crimes of insult, defamation, theft, etc.). All of these acts are considered criminal crimes and at the same time constitute harmful acts on the basis of which compensation can be claimed. In this case, the situation in which a single act constitutes a criminal offense and a civil tort at the same time results in two lawsuits: - The first is criminal, which is the jurisdiction of the criminal judiciary; - The second is civil, which is the jurisdiction of the civil judiciary. However, as an exception, the legislator permitted the civil plaintiff to file his civil lawsuit for compensation for the harmful tort that constituted a criminal crime before the criminal court by extension, so that the criminal judge decides on the two lawsuits together and with one ruling. But if the civil lawsuit is filed before the civil court, it will be obligated to stop adjudicating it until the criminal ruling is issued, as the criminal ruling has the force of res judicata before the courts. The civil court shall decide what has been decided, whether by conviction or acquittal. #### Disciplinary Crime: Means the public employee's failure to fulfill the duties imposed on him by the job. The disciplinary crime assumes the existence of rules that regulate the conduct of work in the agency in which the employee works and aims to ensure its respect, integrity and reputation. Examples of disciplinary crimes include: Every act committed by the public employee is taken into account. #### The distinction between a criminal offense and a disciplinary offense: The disciplinary crime represents an aggression against the rules regulating the agency in which the employee works, in contrast to the criminal crime, which represents an assault on the basic and fundamental interests of society. The acts that constitute a disciplinary violation cannot be enumerated. Rather, the law define the basic rules through which it is possible to determine what is considered a violation of job duties. As for the acts that constitute the criminal offense, they are exclusively defined in the texts of criminalization and punishment. The source of the criminal lawsuit and the disciplinary lawsuit may be one act, and this is achieved in the case in which the employee commits an act that constitutes a criminal offense and at the same time constitutes a serious violation of the duties of the job. The criminal case is independent of the disciplinary case. The criminal judiciary is concerned with the criminal case, and the disciplinary judiciary in the courts of the State Council is concerned with disciplinary cases. The disciplinary court has the right to consider the disciplinary lawsuit without waiting for a decision on the criminal lawsuit if the act that constitutes the administrative violation differs from the act for which the lawsuit is filed. ### Second topic divisions of crimes in the penal Law: #### First: division of crimes based on the seriousness of the punishment (triple division of crimes): Crimes can be divided into three types: - Felonies: These are crimes punishable by death, life imprisonment, aggravated imprisonment, or imprisonment for a significant duration. - Misdemeanors: These are crimes punishable by detention for a period of up to three years or by a fine exceeding one hundred pounds. - Violations: These are crimes with penalties that do not exceed one hundred pounds. A lawyer must be summoned for anyone accused of a felony or a misdemeanor that carries mandatory detention before interrogation. If the accused does not choose a lawyer, one must be assigned. This requirement also applies during the trial stage. However, it does not apply to misdemeanors that are not punishable by mandatory imprisonment or to violations. The statute of limitations for criminal cases is as follows: felonies expire after ten years, misdemeanors after three years, and violations after one year. #### Rules for Determining the Type of Crime Based on the Punishment: Determining the type of crime is based on the original punishment that the legislator decided in the legal text, not the Accessory and complementary penalties that he decides for it. If the law stipulates two punishments for the crime at the judge's discretion, the most important punishment in determining the description of the crime will be the most severe punishment. If the punishment for the crime is imprisonment or a fine, then the crime is considered a misdemeanor and not a violation. The point in determining the legal description of the incident is based on the correct legal description given by the court to the crime, not by what the Public Prosecution sees. In addition, determining the type of crime is based on the punishment that the law specifies for it, not the punishment pronounced by the judge. #### The importance of the triple division of crimes in the penal law: The Penal Code applies to every Egyptian who commits a felony or misdemeanor abroad, but if the crime is a violation, Egyptian law does not apply to it. - Attempting felonies is punishable without the need for a special text for each felony. - As for attempting misdemeanors, there must be a text punishing their attempt. As for violations, there is no punishment for attempting them at all. The provisions for recidivism: apply to felonies and misdemeanors, but not violations. The suspended execution system: applies to felonies and misdemeanors that are sentenced to detention for a period not exceeding one year, and it does not apply to violations. The scope of judicial mitigating circumstances: is limited to felonies only, not misdemeanors and violations. The penalty of confiscation: applies to felonies and misdemeanors, but not violations, unless the law stipulates otherwise. #### The importance of the triple division of crimes in relation to the code of criminal procedure: The Criminal Court is competent to hear lawsuits filed for acts considered felonies according to the Penal Code. The district courts (misdemeanors and violations court) are competent to hear lawsuits filed for misdemeanors and violations. The preliminary investigation in felonies is obligatory, but it is permissible in misdemeanors and violations. Accordingly, the criminal case may be referred for misdemeanors and violations based on the report of the collection of evidence, provided that the referral in felonies is from the public attorney or his representative, and the referral in misdemeanors and violations is from any member of the Public Prosecution. It is required that a lawyer be summoned for someone accused of a felony or misdemeanor punishable by mandatory detention before interrogating him. If he does not choose a lawyer, a lawyer must be assigned to him. This rule applies at the trial stage as well. The law does not require this with regard to misdemeanors not punishable by mandatory imprisonment or violations. The criminal case expires in felonies after 10 years, in misdemeanors after 3 years, in violations after 1 year. #### Second: division of crimes in the penal code based on the material element (actus rea): ##### Firstly: instantaneous crimes and continuous crimes: ###### An instantaneous crime: It is a crime in which the physical act that constitutes it occurs in a single moment or at specific time. Most of the crimes mentioned in the Penal Code are considered instantaneous crimes, such as murder, battery, theft, insult and defamation. ###### The continuous crime: Is one in which the physical act can continue and be renewed over a period of time. Examples include: the crime of concealment of items obtained from a felony or misdemeanor, kidnapping, using forged documents, possessing narcotic substances, possessing a weapon without a license, failing to hand over a child whose custody has been granted to someone with the legal right, not reporting births and deaths by specified dates, and not submitting tax returns by the specified deadlines. #### Distinguishing between a continuous crime and a crime that is constantly continuing: An example of a continuously ongoing crime is the act of carrying out construction work without a license or outside the regulatory line. - These crimes are physically committed and conclude with the establishment of works that violate the law. - They are not committed again while the building remains standing in its illegal condition. Accordingly, it is not accurate to categorize such crimes as continuous crimes; rather, they are instantaneous crimes. Some jurisprudence refers to them as "a crime that continues and is fixed," based on the notion that continuous crimes involve a renewed act. The reason for this is that the act of erecting a building without a license or outside the approved plan takes place over a specific period, after which the physical act of the crime ends. In contrast, continuous crimes assume that the perpetrator commits the physical act constituting the crime at every moment of its continuation, which is not the case with these crimes. #### The Importance of dividing crimes into instantaneous and continuous: ##### In Terms of the Law of Location/Place: - Jurisdiction for an instantaneous crime is determined by the law of the region where the physical act occurred. - In contrast, for continuous crimes, since the physical element continues over a long period, parts of the act may occur in different territories. In this case, jurisdiction is vested in the laws of each area where a part of the continuing act constituting the crime took place. ##### In Terms of Determining Jurisdiction: - Judicial jurisdiction over instantaneous crimes lies with the court in whose jurisdiction the material act constituting the crime occurred. - Judicial jurisdiction over continuous crimes applies to every court where an element of continuity occurs. For example, if someone possesses a weapon without a license and carries it across different jurisdictions, all these jurisdictions would have concurrent jurisdiction. ##### In Terms of the Application of the New Law: The instantaneous crime is subject to the law under which the material act constituting it was committed. In contrast, for continuous crimes, the state of continuity assumes that the material element of the crime occurs and is committed repeatedly over a relatively long period. If a new law is issued during this period of continuity, it will be the law that must be applied to the crime. Given that the material element is committed at every moment of its continuation, this new law applies even if it is more severe for the accused. ##### In Terms of the Statute of Limitations: The statute of limitations refers to the expiration of a specific period determined by law for the commission of a crime without any procedures being taken, resulting in the forfeiture of the right to file criminal litigation against the accused. This statute begins to be calculated from the day following the completion of the material element of the crime. This matter may not raise issues for instantaneous crimes. However, for continuous crimes, the question arises: when does the calculation of the statute of limitations begin? The answer is that the statute of limitations for continuous crimes only begins from the date the state of continuity ends. In application of this principle, it has been ruled that the statute of limitations for crimes involving possession of weapons and drugs does not begin until the date the perpetrator relinquishes possession, whether voluntarily or involuntarily. It has also been ruled that the crime of using a forged document is a continuous crime that begins with the presentation of the forged document and continues as long as the individual retains it. The statute of limitations for a criminal case does not commence until the individual waives their claim on the document or acknowledges that it is forged. ##### In Terms of the Strength of the Res Judicata: The establishment of a state of continuity results in the occurrence of multiple crimes, as the perpetrator repeatedly commits the criminal act at every moment of continuation. This means that, at every moment, the perpetrator commits a distinct crime with all the elements of the offense present. However, adopting this logic could lead to the perpetrator being tried and punished for each act committed during the period of continuity. Therefore, the legislator has determined that all acts constituting the state of continuity are considered a single unit, which combines the unity of the subject of the assault, the unity of the criminal purpose, and the unity of the temporal and causal links. This is because punishing the perpetrator for a continuous crime means that they cannot be punished again for the same crime or any of the acts that comprise the case of its continuation. ##### Secondly: crimes of successive acts: A crime of successive acts is defined as a crime involving multiple acts that share the unity of the right subject to the assault and the unity of the criminal purpose targeted. Examples of such crimes include a servant robbing their employer's house multiple times, counterfeiting money in several batches, a warehouse keeper misappropriating entrusted goods on several occasions, a victim striking a perpetrator multiple times, or conducting unauthorized construction through several independent actions. The determining factor for the occurrence of a successive crime is the unity of the criminal purpose, which is viewed as an integrated criminal project due to the bond that unites all these acts. This requires that the assaults be directed against a single right. For instance, if the same house is robbed in multiple instances, it is owned by one person. However, if the attacked houses are owned by different individuals, we are dealing with multiple theft crimes rather than a crime of successive acts. ##### The distinction between a crime of successive acts and a continuous crime: The difference between a crime of successive acts and a continuous crime is that a crime of successive acts consists of several separate and temporary acts, while a continuous crime involves an ongoing criminal activity whose constituent elements remain connected throughout the duration of the continuation. ##### The importance of this division: The provisions that apply to a crime of successive acts are similar to those for a continuous crime. This means that the new law is applied, even if it is more severe for the accused, whenever one of the successive acts constituting the crime occurs under it. Additionally, if one of the successive acts occurs outside Egyptian territory, and some of them are included in it, the Egyptian Penal Code still applies to this crime. Furthermore, the statute of limitations for extinguishing a criminal case does not begin until the day following the end of the last act of the successive acts. Likewise, the force of res judicata from the final ruling issued regarding one of the acts constituting the case of succession extends to all acts covered by the ruling, even if the indictment or trial authority was unaware of them. ##### Thirdly: minor crimes & crimes of habit (habitual crimes): Minor crimes are those for which it is sufficient to commit one act. As for the crime of habituality, it is a crime in which the legislator requires the commission of more than one act in a way that reveals the offender's habit of committing this type of act. Most of the crimes mentioned in the Penal Code include minor crimes such as murder, battery, and theft, for which it is sufficient to commit one act. Regarding habitual crimes, the criminalization does not refer to the act that constitutes it itself, but rather to the description of the habit, which reveals the offender's regularity in engaging in a certain activity. The criminal risk lies in the repetition of this act and the habituation to it, which necessitates punishment for the offender. In this context, it must be made clear that the crime of habituality, according to what the judiciary has settled upon, requires at least two acts to occur for the state of habituality to exist. In application of this, the crime of habitual lending at usurious interest involves the offender contracting at least two usurious loans, whether this is for one person or for different people and at two different times. #### Division of crimes in the penal code based on the moral element (mens rea): Crimes in the Penal Code can be divided according to their moral element into intentional and unintentional crimes. It should also be noted that there are so-called crimes that exceed the intent of the offender. ##### Intentional Crimes: Intentional crimes are those crimes whose moral element is criminal intent. Criminal intent means the will of the perpetrator to commit the act and achieve the result while being aware of all the legal elements that the legislator requires knowledge of in order for the crime to occur. It should be noted that most of the crimes mentioned in the Penal Code are intentional crimes. ##### Unintentional Crimes: These are crimes that are committed accidentally, and their moral element is the mistake. In these crimes, the perpetrator's will is directed toward causing the act rather than the result, whether the perpetrator expected the result but did not want it to happen, did not expect it, or was unable to anticipate it. There are many forms of error in the Egyptian Penal Code, ranging from negligence and lack of precaution to recklessness or violation of regulations and laws. ##### Transgressive or exceeding intent crimes: These are crimes that the perpetrator commits intentionally with the intention of achieving a specific criminal result, but the act committed by the perpetrator leads to another result that is more serious than the result he intended. This new, more serious result is likely to occur. Examples of this include the crime of beating that leads to death. In this crime, the perpetrator aims to harm the victim's body by beating him and does not intend to kill him, but the actions he took to cause the beating result in death. ## Chapter II ### The principle of legality of crimes and punishments: ### The first topic: #### The nature of the principle of legality of crimes and punishments: ###### First: Defining the principle of legality of crimes and punishments: This principle means that an act cannot be described as a crime and then punished unless there is a legal rule prior to its commission that defines the nature of the criminal act and specifies the appropriate punishment for it. Without this rule, it is not possible to classify the act as a criminal act. ### The second topic: #### Consequences of the principle of legality of crimes and punishments: - Limiting the sources of criminalization and punishment in written legislative texts. - The necessity of adhering to the limits of interpretation of criminal texts & Prohibition of analogy in criminalization and punishment texts. - The criminal text must adhere to the constitutional controls on criminalization.  ##### a) Limiting the sources of criminalization and punishment to written legislative texts: Implementing the principle of legality of crimes and punishments has an important consequence, which is the necessity of limiting the sources of criminalization and punishment to written legislative texts. Here, the question arises: What are the written legislative texts? The answer is that written legislative texts refer to legislation or laws in their strict sense, meaning written laws issued by the legislative authority in the state. This includes, in addition to the laws issued by the President of the Republic, regulations issued by administrative authorities. In light of this rule, the source of criminalization and punishment is limited to written texts, excluding other sources of legal rules as long as they are not written. Adopting this conclusion means that in the absence of a text for criminalization, the judge must rule in favor of acquittal. Accordingly, if the accused is found in possession of a quantity of a substance resembling narcotic substances, and a forensic laboratory report confirms that this substance indeed has a narcotic effect but is not listed among the substances in the schedules attached to the Anti-Narcotics Law, then the judge would have to issue an acquittal ruling for the accused, even though the substance has a narcotic effect, due to the lack of an incriminating text. #### An inventory of the sources of criminalization texts in view of the principle of legality of crimes and punishments: The sources of criminalization and punishment are limited to the texts of the law. It should be noted that the term "texts of law" extends to include, in addition to the legislative texts issued by the legislator, another group of texts, represented by international agreements and treaties to which the state is a party, as well as administrative regulations issued by management authorities. This will be presented in detail below: ###### 1-Laws: This refers to the texts issued by the legislative authority, represented by the Egyptian legal and constitutional system in the House of Representatives. Attached to these texts are the decisions on laws issued by the President of the Republic in cases of necessity and authorization, provided that they are presented and discussed for approval within 15 days from the meeting of the new Council. If they are not presented and discussed before the Council, or if they are presented and not approved by the Council, their force of law will be lost retroactively, unless the Council decides to approve their effectiveness for the previous period. ###### 2-International agreements and treaties to which the state has acceded: One of the legally established principles is that international treaties concluded by the head of state, as a representative of the state in its international relations, have the force of law after being ratified with the approval of the House of Representatives. Here, the question arises about the role of international treaties or agreements in matters of criminalization and punishment. The answer to this question is that this role depends on one of two assumptions: The first assumption: The new agreement that was signed, ratified, and published is compatible with the applicable laws of the state. In this case, as soon as it is published in the official gazette after its ratification, it begins to be implemented. The second assumption: This is the situation where the treaty or agreement includes provisions that differ from the laws in force in the state. Here, a distinction must be made between whether this agreement includes new criminalization provisions or whether it is limited to establishing new causes for justification. If the agreement contains provisions for new criminalization, it is not permissible to apply this agreement directly. In this case, the legislative authority must issue a new law that clarifies the elements of criminalization and the punishment prescribed for this new crime. Therefore, the criminal judge does not have the authority to apply the agreement directly upon its signing, ratification, and publication. However, if the texts of the new international agreement or treaty include rules specifying new causes for justification, then these rules apply as soon as the state joins the agreement or treaty. As for procedural texts, such as those in international agreements related to determining jurisdiction, conducting investigation and trial procedures, implementing judicial rulings, and carrying out procedural actions, these texts are suitable for direct application as soon as they are published in the official gazette, and the criminal judge is obligated to apply them. This contrasts with criminalization texts, which require legislative intervention to define the criminal act and its elements. ###### 3) Administrative regulations issued by administrative authorities: We have previously explained that implementing the principle of legality of crimes and punishments entails limiting the sources of criminalization and punishment to written legal texts. In light of this, the way opens for administrative regulations to be a source of criminalization, in cases where the law stipulates that. Some elements of criminalization may be supplemented by regulatory decisions based on a mandate in the text of the law. #### The role of non-legislative sources of the legal rule in criminalization and punishment : The basic principle of legality of crimes and punishments states that other non-legislative sources of the legal rule, such as custom, the principles of Islamic law, the principles of natural law, and the rules of justice, are not suitable as sources of criminalization and punishment. However, practical reality confirms that these sources can play a role in excluding or mitigating punishment, and they may also have a secondary role in the field of criminalization and punishment. For example, custom may have a role in excluding or mitigating punishment, given that it can serve as a cause for justification, as is the case with customs that permit the right to criticize. Likewise, these non-legislative sources may have a secondary role in criminalization and punishment because determining the elements of some crimes may depend on custom. An example of this is the crime of an indecent act, which requires the commission of an act that violates modesty. Custom may also play an indirect role in defining some of the concepts on which crimes are based, or in cases where the legislator neglects to define the meaning of certain elements related to the crime. In these situations, the judge may refer to custom to determine the content of these elements. Additionally, determining the elements of some crimes may require the application of certain non-criminal rules. ##### b) The necessity of adhering to the limits of interpretation of criminal texts & Prohibition of analogy in criminalization and punishment texts: ###### The first: The necessity of adhering to the limits of interpretation of criminal texts: The judge's obligation to apply the principle of legality does not prevent his authority to interpret criminal texts. However, implementing the principle of legality affects the judge's role in this interpretation in two ways: - First: The need for the judge to commit to an accurate interpretation of the criminal text. - Second: The judge must interpret ambiguous texts in favor of the accused. This will be presented in some detail below: ###### Impermissibility of analogy in criminalization and punishment texts: While the principle of the legality of crimes and punishments does not conflict with the criminal judge's interpretation of the text in search of the legislator's intent, there are limits that the judge must adhere to when making his interpretation. The judge must not create crimes or punishments that the legislator did not stipulate. Accordingly, it is not permissible for the judge to make analogies in criminalization and punishment texts. ###### Permissibility of analogy in texts other than criminalization and punishment: It should be noted in this context that analogy is prohibited with respect to texts of criminalization and punishment only. However, for texts that establish a cause of justification, a cause of irresponsibility, or an impediment to filing a criminal case, analogy is permissible and does not conflict with the principle of legality. Therefore, jurisprudence has recognized legitimate defense as a general reason to permit all crimes committed against oneself, despite the fact that the texts defining it limit its scope to crimes of murder, wounding, and beating. By analogy, the Court of Cassation compared the remaining crimes that are considered forms of assault upon oneself to crimes of murder, wounding, and beating. The Court of Cassation also made an analogy in cases of theft of money that occur between ascendants, descendants, and spouses, such as fraud and breach of trust, to the crime of theft that occurs between ascendants and descendants. ## Section Two ### The scope of temporal and territorial application of the Penal law - Division: In this section of the book, we present the temporal and territorial scope of application of penal law. The first chapter discusses the temporal scope of application, including the principle of non-retroactivity of penal texts and the exceptions to this principle. The second chapter covers the territorial scope, focusing on the principle of territoriality of penal law and the exceptions to it. ### The First Topic: The Principle of Non-Retroactivity of Criminal Texts: The principle of non-retroactivity of criminal texts means that the Penal Code should not be applied to incidents that occurred prior to its enactment. This applies whether the code criminalizes an act for the first time that was permissible before it came into force, or whether it increases the punishment for an act that was previously subject to a lighter penalty when it was committed. ### Extent to Which the Principle of Non-Retroactivity Is Applied to Interpretive Laws: This refers to laws issued by the legislator to clarify previous texts without amending or adding to them. An interpretive law is thus united with the existing "interpreted" law, and therefore it applies to acts that occurred prior to its issuance. This is not considered an exception to the rule, even if the interpretive law presents a stricter interpretation for the accused, as long as it does not introduce a new criminalization or increase the punishment. The distinction of whether a law is interpretive or not depends on the reality of the situation, not merely on the legislator's description. ### **First: Applying the Law in Force at the Time the Act Was Committed in the Event That the Criminal Result Was Lax:** If criminal behavior occurred at a certain time and the result was delayed for a period, but a new law was issued to increase the penalty for this crime, should the law in effect at the time the criminal behavior was committed be considered? Or should the law that is in effect at the time the result is achieved be applied? ### Second: Applying the new law to continuous crimes and crimes with successive acts, even if it is the most severe. ### Third: Applying the new law in the case of recidivism and crimes of habituality, even if it is the most severe. ### The second topic: The retro-activity of the appropriate criminal text: ###### The appropriate law in field of punishment texts : On the other hand, the idea of the law that is more appropriate for the accused in the field of punishment texts is achieved by abolishing one of the prescribed penalties, reducing its amount, or making obligatory penalties permissible. ###### The condition for applying the rule of retroactivity of the appropriate law for the accused: (the issuance of the appropriate law before the final judgment) ###### Applying the Rule of Retroactivity of the Appropriate Law to the Accused After the Issuance of a Final Judgment: (in the Event that the Punished Act is Permissible) If a new law that is more appropriate to the accused is issued after the issuance of a final ruling in the case, then this ruling makes the res judicata valid, and it is not permissible to touch it. However, questions may arise about it the new law is issues to make the act for which the criminal was sentenced unpunished? How can the accused be punished for an act that the legislator himself no longer considers a crime and considered it a permissible act? The third paragraph of Article Five of the Penal Code states that in this case, the execution of the ruling is suspended, and its criminal effects end. If the convict is punished with a fine and it is not collected, then it is not permissible to collect it. Here, another question arises: to what extent does a person sentenced to a fine have the right to recover it after paying it in the event of decriminalization? Some jurisprudence believes that it is necessary to return these fines to the convict; otherwise, the person who delayed paying the fine would have better luck than the one who committed to paying the adjudicated fine to the state treasury. Others argue that it is not permissible to return these fines because the new law has a limited effect on the future and does not extend into the past. We tend to prefer the latter opinion because saying that these fines will be refunded may harm the public interest because of the burden on the state's public treasury. ### The third topic: The Temporary and Exceptional Laws: ###### Temporary Laws (Limited by the Legislator): "In the event that lawsuit procedures are instituted or a judgment of conviction is issued therein for an act that occurred in violation of a law that prohibits its commission within a specific period, the expiration of this period does not prevent the prosecution from proceeding or the implementation of the penalties imposed." The paragraph states that its ruling is specific to temporary laws, which are those laws that prohibit the commission of an act within a period of time specified by the legislator. Their implementation is invalidated upon the expiration of this period without the need for a law to be issued to abolish them. In this text, the rule of retroactivity of the law that is more appropriate for the accused is not applied to temporary laws, so that these laws do not lose their effectiveness. ## Chapter II ### Scope of territorial application of the Penal law (the principle of territoriality of the penal law) - Division: In this section of the study, we present the principle of territoriality of the penal code and the idea of the application of national law to crimes occurring within the territory of the state, in a first section. Then we present the exceptions to the principle of territoriality of the penal code and the cases of application of national law to crimes occurring outside the territory of the state, in a section Second: ### The first topic: The principle of territoriality of the penal coue. (applicability of national law to Crimes occurring within the territory of the state) ###### Limits of applying the principle of territoriality of the Penal Code: ###### Definition of the principle: The principle of territoriality of the penal code means that the national penal code applies to all crimes that occur on the territory of the state, regardless of the nationality of the perpetrator. ###### What is meant by the territory of the state: The territory of the state means the geographical framework in which the people live, and in which the state, through the ruling body, exercises aspects of sovereignty. The territory consists of a specific area of land with everything laid on its back and everything contained within it. This is what is called the "land territory.". ###### Problems in determining the place where the crime was committed: The crime may occur in one place, meaning that its entire physical element is achieved in this place, and then the penal law in force in this place is applied to the perpetrator of the crime. Here the question arises about the law that applies to these crimes? The answer to this question is that the most likely opinion in jurisprudence, which the Egyptian legislator adopted in Article 2 of the Penal Code, holds that the provisions of the Penal Code apply to anyone who commits all or part of the material element of the crime in the Egyptian country. The same applies to actions whose aim is to hide the effects of the crime. And if the act of fraud occurred outside the Egyptian territory, and the seizure of the money that was the subject of the crime occurred from the victim within the Egyptian territory, then Egyptian law has jurisdiction. ###### Determining the Location of the Crime for Some Special Types of Crimes: ##### Continuous Crimes: The material element of a continuous crime is achieved at every moment of the ongoing state. Accordingly, the material element of the continuous crime is considered a reality in every territory in which part of the continuous crime occurs. ###### check Crimes Without a Balance Committed Abroad: ###### Crimes Committed on Board Ships and Aircraft: ###### The Situation Regarding Crimes Committed on Board Ships: While a ship is in a public sea area, it is considered part of the territory of the state whose flag it bears, regardless of. Accordingly, if a crime occurs on board the ship while it is in the public sea area, the law of the country whose flag the ship flies is subject to jurisdiction. However, if the ship is located in the territorial waters of a country, then, according to the original rules, it is subject to the law of the country in whose territorial waters it is located. In this case, the law of this country is applied to the crimes committed on board this ship, unless there is an agreement, treaty, or custom stipulating otherwise. It should be noted that international custom has traditionally excluded foreign warships present in the territorial waters of any country from being subject to the laws of that country; however, the law of the country to which the ship belongs applies to crimes committed on board, given the military character of the ship. ### The second topic: #### Exceptions to the principle of territoriality of the penal law (applicability of national law to crimes occurring outside the territory of the state) ###### a) principle of the reality of penal law: The provisions of this law also apply to the following persons: - First: Anyone who commits an act outside the country that makes him an actor or accomplice in a crime that occurred entirely or partly in the Egyptian country. - Second: Everyone who commits an act outside the country. Outside the country is one of the following crimes: - A felony against the security of the government, as stipulated in Parts One and Two of Book Two of the Penal Code. - A felony forgery stipulated in Article No. 206 of the Penal Code. - The felony of counterfeiting a paper or metal currency, or the felony of bringing that fake, counterfeit paper or metal currency into, taking it out of Egypt, promoting it, or possessing it with the intention of promoting or dealing in it, provided that this currency is legally circulated in Egypt. #### Scope of Application of the Rule in the Penal Law: - First: Felonies against the security of the government, as stipulated in Parts One and Two of - Second: The felony of forgery, as stipulated in Article No. 206 of this law: - Third: Felony of counterfeiting and falsification paper or metal currencies into Egypt: #### The principle of the reality of the penal law within the framework of special laws: We find that there are some punitive texts contained in special laws that fall within the framework of the in-kind principle, including: - 1. The crime stipulated in the fourth paragraph of Article No. 33 of the Anti-Narcotics Law No. 182 of 1960: which punishes anyone who, even abroad, forms, manages, organizes, joins or participates in a gang, and one of its purposes is trafficking in narcotic substances or providing them. To engage in or commit any of the crimes stipulated in this article within the country.