Direct Criminal Complaint under Egyptian Law

A direct criminal complaint is a formal grievance submitted directly to the Public Prosecution to initiate criminal proceedings against the accused without prior investigation into the alleged incident. In such cases, the Public Prosecution sets the earliest possible hearing date, during which the examining judge assumes the role of the Public Prosecution to assess the seriousness of the claim. The victim (civil claimant) must serve notice on the accused of both the direct misdemeanor complaint and the hearing date to enable the accused to attend and present their defense.

Distinction Between Direct and Indirect Criminal Complaints

Direct Criminal Complaint involves the filing of the criminal case directly before the court by the civil claimant or the Public Prosecution, and the court investigates the case and schedules the hearing. Example: Filing a direct complaint of defamation or insult before the summary court without prior referral from the prosecution.

Indirect Criminal Complaint begins with a report at the police station, followed by referral to the Public Prosecution for investigation, which in turn refers the matter to court for adjudication.

Legal Importance of the Direct Criminal Complaint

It allows a crime victim to promptly seek legal redress and compensation without having to undergo the lengthy procedures of a criminal investigation.

Legal Basis of Direct Criminal Complaint

Under Egyptian procedural law, the civil claimant may directly file a criminal case before the criminal court in misdemeanors and petty offenses, while also seeking compensation for harm caused by the crime.

Court of Cassation

Procedural Code Provisions on Direct Criminal Complaints, The right to direct complaint is limited to specific cases (especially misdemeanors and violations) as regulated by Articles 232 and 233 of the Egyptian Criminal Procedure Code.

Procedure for Filing a Direct Criminal Complaint

1. Drafting the Complaint Petition: Stating the facts of the misdemeanor, identities of the civil claimant and the accused.
2. Payment of Judicial Fees.
3. Scheduling a Court Hearing in coordination with the competent court.
4. Marking of the Hearing by the competent public prosecutor.
5. Photocopying the Complaint: Four copies bearing the state seal.
6. Filing the original and three copies with the Process Serving Department.
7. Serving the Accused with notice of the direct complaint and the scheduled hearing.

Substantive and Legal Conditions:

As per Articles 1 to 4 of the Criminal Procedure Code:

Article 1: The Public Prosecution exclusively has the authority to initiate criminal proceedings, unless otherwise provided by law.

Article 2: The Public Prosecutor or one of his deputies shall conduct the case, though others may be legally authorized.

Article 3: A criminal case may only be initiated upon a verbal or written complaint from the victim or their legal representative in certain crimes (Articles 185, 274, 277, etc. of the Penal Code), and must be submitted within three months of learning of the crime and the perpetrator.

There must be:

A committed crime, Harm directly resulting from it, and Capacity of the civil claimant to seek redress.

Article 232: Criminal cases may be referred to misdemeanor or violation courts by order of the investigating judge or a decision by the Appellate Misdemeanor Court sitting in chambers, or by direct summons from the Public Prosecution or the civil claimant.

However, direct summons by the civil claimant is not permitted in two instances:

• If an order of dismissal has been issued by the investigating judge or prosecution and was not appealed, or if the appeal was rejected.
• If the accused is a public official or law enforcement officer and the crime occurred during or because of duty—except in offenses under Article 123 of the Penal Code.

Article 233: The accused must be summoned at least one day prior to hearing in violations, and at least three days prior in misdemeanors (excluding travel time), either by the Public Prosecution or the civil claimant.

In cases of flagrante delicto or when the accused is detained, immediate summons is allowed. If the accused appears and requests time to prepare a defense, the court may grant it.

Legal Effects of the Direct Criminal Complaint

• The criminal action is deemed initiated before the court.
• The Public Prosecution attends the hearing as the prosecuting authority, even if it did not initiate the case.
• The civil claimant bears the burden of proof for both civil and criminal aspects.
• Procedural errors (e.g., incorrect service, misclassification) may result in formal dismissal.

Role of Legal Counsel in Direct Criminal Complaints

Lawyers represent the civil claimant before criminal courts to seek compensation for harm caused by the crime. They are responsible for preparing the complaint, managing filing procedures, and appearing in court hearings.