The new Criminal Procedure Law came into effect from 1st March 2023

03 March 2023

Mustafa Salaheldin Eltahir

Justice system braces for changes starting March 1, 2023

Federal Decree-Law No. 38/2022

On the Issuance of the Criminal Procedure Law Criminal Procedural Code (New Law) abrogated the federal law no. 35/1992(Old Law) the criminal procedural law as well as the federal law no. 5/2017 on the use of telecommunication in criminal proceedings. The New Law came into effect on 1st March 2023. Following are the Major Changes in the Law:

Issuing travel ban during the investigation:

Under the New Law, Public Prosecution during their investigation can issue a Travel Ban against the defendant.

Appealing decisions on extension of detention during investigation:

The New Law provides the defendant with option to appeal the extension of their detention.

Confiscation of funds and preventing its disposal

The public prosecutor or the court may take Precautionary measures to track suspicious funds and prevent to dispose them. This section also provides that a person can also file grievance against such measure of the public prosecutor or the court. It further mentions that these precautionary measures will end once the judgment is issued.

Changing or replacing the condition of the bail or canceling it

The Public Prosecution member may change or replace the condition of the bail or cancel it, or order his detention or continuation of detention from the date of issuance of the release order pending the bail if providing personal or financial bail is not possible.

Minor Felony Court

The New Law has introduced a New Minor Felony Court that shall comprise of a single judge and have jurisdiction over felonies punishable by temporary imprisonment.

Penal Mediation

This New Law has It also introduced provisions for confidentiality of the Mediation as well as rejection or dismissal of the mediator.

Criminal Settlement

This Law has also introduced the provisions for criminal settlement and the penalties that can be imposed in case of settlement. However in case Qisas, Diya, Crimes against juveniles cannot be settled. And in case of Felonies only the felonies punishable by temporary imprisonment and those that are indiscriminately related to misdemeanor can be settled

Use of Electronic Technology

The New Law provides that remote communication technology can be used during Judicial and crime investigation, gathering evidence and by public prosecutions and the court. And also gives electronic signatures the same binding force as signatures.

Changes in the Limits

Changes in the Fine