On November 12, 2025, Egyptian President Abdel Fattah el-Sisi ratified a law that sets new rules for law enforcement and defense attorneys and grants new rights and protections to defendants. Law No. 174 of 2025 concerning the Code of Criminal Procedures repeals Law No. 150 of 1950 and Law No. 140 of 2014 governing criminal procedures. (Law No. 174 of 2025, art. 4.) The new legislation comprises 546 provisions and was published in Egypt’s Official Gazette on the same day it was ratified. It is scheduled to take effect on October 1, 2026. (Art. 6.)
The Egyptian president reportedly ratified the law only after the Parliament amended some provisions he found objectionable. In September 2025, el-Sisi returned the bill to the Parliament, expressing reservations regarding the proposed law’s effect on the inviolability of the home, the rights of the accused, and the need for additional alternatives to pretrial detention.
Content of the New Law
Law No. 174 of 2025 defines cases when law enforcement personnel can legally enter a site without a judicial warrant, such as for emergencies involving distress calls, fires, floods, or similar dangers. (Art. 48.)
The law establishes rules for defense attorneys during interrogations of defendants facing serious criminal charges and enhances protections for individuals held in detention prior to questioning. It requires officials to justify any pretrial detention on a specific and temporary basis, subject to judicial oversight. (Art. 105.) Furthermore, detainees are granted the right to appeal judicial orders authorizing or extending their detention. (Art. 104.)
By broadening noncustodial measures, the law ensures detention remains a last resort for the accused. Such alternatives include restricting the accused from leaving a specified area without prior authorization from the Public Prosecution; prohibiting contact with designated individuals; temporarily prohibiting the possession of firearms or ammunition, which must be surrendered to the police; and requiring electronic monitoring, where available, in accordance with regulations issued by the minister of Justice in coordination with the ministers of Interior and Communications. (Art. 114.)
The law requires the public prosecutor to conduct a review of pretrial detention case files at three‑month intervals, with the aim of expediting the investigative process in criminal proceedings. (Art. 124.)
Moreover, the law stipulates that, if neither the defendant nor their legal counsel appear at any appellate hearing in a criminal case, the court may adjourn the session once to ensure their future presence and enable the defendant to present a defense. (Art. 369.)
Reaction to the Law
Supporters and opponents of the legislation hold sharply contrasting views. For instance, the Ministry of Justice and the Parliament characterized the law as a cornerstone of Egypt’s judicial modernization and as a “second constitution” regulating the relationship between citizens, investigative authorities, and the judiciary.
Conversely, local nonprofit organizations, including the Egyptian Initiative for Personal Rights, expressed opposition to the law during its drafting stage. In a September 20, 2025, statement, the rights group asserted that the new law infringes upon the rights of the accused. It further contended that the law diminishes fair trial guarantees, expands the powers of investigative and law enforcement authorities at the expense of the accused, and disregards the fundamental principle of the presumption of innocence until proven guilty.
George Sadek, Law Library of Congress
December 17, 2025
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