The Crime of Treason in The Egyptian Penal Code

The crime of treason, historically referred to as ghadar, is considered a serious offense in Egypt because it directly undermines the integrity of public office and threatens citizens’ trust in the State and its institutions. It is punishable by temporary hard labor or imprisonment, in addition to fines, due to its damaging impact on public funds and public confidence.

One of the most prominent historical examples of legislation addressing this offense is Law No. 344 of 1952, which was an exceptional and temporary law enacted to prosecute former officials following the 1952 Revolution. Its provisions were later repealed or replaced by articles contained in current legislation.

Modern Legal Provisions Addressing Conduct Equivalent to Treason

In contemporary legal systems, conduct that would previously have been classified as treason is now addressed under various legal frameworks, including:

• The Penal Code: Contains provisions relating to crimes committed by public officials that constitute a betrayal of public office. Examples include:

1- Article 114 of the Egyptian Penal Code: which penalizes any public official who demands or receives unlawful taxes or fees. Some interpretations consider this a form of treachery against citizens.

2- Crimes such as breach of trust, abuse of authority, and damage to public funds, which are punishable under criminal laws in many jurisdictions.

• Customs and Tax Laws: These address customs-related and tax-related misconduct through detailed provisions on customs and tax evasion.
• Anti-Corruption Legislation: Laws combating corruption—especially bribery—cover a broad range of actions that may be classified as treacherous behavior, particularly in the public sector.
• State Security Legislation: Laws relating to state security and military penal codes address acts of high treason carried out against the state.

Why Is This Crime Considered Serious?

1. Abuse of Authority: A public official exploits his official powers to obtain unlawful personal gains at the expense of citizens and the State.
2. Undermining Public Trust: Such conduct erodes citizens’ confidence in the integrity of public officials and creates a sense of injustice and mistrust.
3. Violation of Public Funds: It involves demanding or taking money that is not legally due to the State. This constitutes a direct assault on State resources and on citizens’ financial rights.
4. Legal Penalties: The Egyptian Penal Code imposes severe penalties for this offense, including temporary hard labor or imprisonment, reflecting the gravity of the crime.
5. Threat to the State: This behavior represents a direct threat to State institutions and their ability to provide essential public services.

The Egyptian Penal Code is one of the principal legislative tools intended to protect public order and safeguard rights. Among its notable provisions is Article 114, which addresses an offense known as the “crime of treason (ghadr),” committed by certain public officials who abuse their authority to obtain unlawful benefits.

Article 114 stipulates: “Any public official responsible for collecting taxes, fees, revenues, fines, or similar amounts, who demands or takes what is not legally due or in excess of what is due, with knowledge thereof, shall be punished with temporary hard labor or imprisonment.”

For the crime to be established, the following conditions must be met:

• The offender must be a public official.
• He must have a role in collecting taxes, fees, fines, or similar payments.
• He must demand or take an amount that is not due or exceeds what is legally due.
• He must knowingly be aware that the amount in question is not legally collectible.

Criminal law scholars agree that this offense represents “abuse in public revenue collection,” or the imposition of financial burdens without legal basis. It is sufficient for the offense to occur that the public official requests from a citizen an amount that is not due under the pretext of taxes or fees, even if the money is not actually received.

Elements of the Crime:

• Material Element: Coercing the taxpayer or compelling him to pay an amount that is not legally due or that exceeds what is legally required as part of the public financial burden.
• Moral Element: The criminal intent, consisting of the public official’s knowledge that the money he demands or takes is not legally due. It is essential that the offender be a public official authorized to collect such payments.
• Distinguishing Between Treason and Fraud: Treason and fraud are similar in that both involve unlawfully obtaining another person’s money. However:

Treason requires that the offender be a public official

It does not require sophisticated deception as is typical in fraud. The fundamental distinction is:

1. Embezzlement involves taking public money that is already in the official’s possession by virtue of his job.
2. Treason (Ghadr) involves imposing or demanding unlawful taxes or fees from citizens, exploiting the offender’s official position.

In simple terms: Embezzlement is stealing money already under the official’s control, Treason (Ghadr) is extorting citizens by imposing payments that are not legally due.

Comparison Between Embezzlement and Treason:

1- Embezzlement

• Subject of the Crime: Movable property or money that is already in the possession of the public official due to his duties.
• Offender: A public official.
• Act: Taking possession of property already under his control and treating it as his own, thereby breaching the trust placed in him.

2- Treason

• Subject of the Crime: Public funds represented by unlawful financial burdens imposed on citizens (such as taxes or fees).
• Offender: A public official responsible for collecting such funds.
• Act: Demanding or imposing amounts that are not legally due, or exceeding what is legally due, through abuse of official authority.

It is sufficient for the crime to occur that the public official demands a sum of money under the false claim that it is legally due, even if the citizen knows that such payment is not owed. By contrast, fraud requires the use of deceptive methods that influence the victim’s will and induce him to voluntarily hand over the money.

Distinguishing Between Treason (Ghadr) and Bribery:

Confusion between the crimes of treason and bribery is common, but the fundamental distinction lies in the nature of the “consideration.” Treason occurs without any consideration; the public official imposes a payment under the pretext that it is a lawful fee.

Bribery, however, requires the existence of a material benefit given in exchange for performing an act or neglecting a job duty. Furthermore, the crime of bribery includes “acceptance” in addition to “request” and “receipt,” whereas treason is limited to the acts of requesting or taking the unlawful amount.

Nature of the Money Involved:

The crime applies only to sums connected with public levies such as taxes, fees, and fines. The offense does not arise where the matter relates to purely personal claims that do not constitute public funds.

Tax Treason:

As previously noted, tax treason relates to tax evasion or tax fraud, which is a deliberate and unlawful act by individuals or companies to avoid paying taxes legally owed.

Customs Treason:

Customs treason relates to customs smuggling, which involves importing or exporting goods into or out of the country unlawfully, without fully or partially paying the required customs duties and taxes, or in violation of applicable customs regulations.

Common Issues and Points of Similarity

Tax treason and customs treason intersect in several areas:

1. Criminal Nature: Both constitute criminal offenses requiring the presence of criminal intent (the deliberate intention to defraud).
2. Objective: Both aim at unlawfully appropriating public funds (taxes and fees).
3. Methods: Both may involve falsifying documents and invoices, or submitting false or misleading information to the competent authorities.
4. Penalties: Both offenses carry comparably severe penalties, typically including substantial fines and imprisonment.

Why Is This Crime Considered Serious?

• Abuse of Official Authority: A public official exploits his authority to obtain unlawful personal gain at the expense of citizens and the State.
• Undermining Public Trust: Such acts erode the confidence of citizens in the integrity of public officials and create a sense of injustice.
• Violation of Public Funds: The offense involves stealing or demanding money that is not legally owed to the State, directly harming State resources and citizens’ financial interests.
• Legal Punishment: The Egyptian Penal Code imposes strict penalties, including temporary hard labor or imprisonment, reflecting the gravity of this offense.
• Threat to the State: This conduct poses a direct threat to State institutions and their ability to provide public services effectively.

Penalties for the Crime of Treason (Ghadr)

• Primary Penalties: Imprisonment and financial fines.
• Secondary Penalties: Dismissal from public office and deprivation of certain civil rights.

Treason is not merely an individual deviation; it is an assault on the concept of justice and on society’s trust in public officials. Confronting this offense is therefore not only a legal obligation but also a moral necessity to protect the dignity of public office and ensure that authority is not abused.