Rehabilitation in Egyptian law

Rehabilitation is the legal erasure of the consequences of a criminal conviction. It is a system that grants an individual previously convicted of a crime the opportunity to remove the future effects of that conviction, thereby restoring the reputation tarnished by the prior ruling. This facilitates the individual’s reintegration into society after fulfilling specific legal conditions designed to ensure that the convicted person has become worthy of rehabilitation.

Definition of Rehabilitation

Rehabilitation is a judicial measure applicable to individuals convicted of a felony or a misdemeanor. A ruling granting rehabilitation is issued by the Court of Assize (Criminal Court) having jurisdiction over the convicted person’s place of residence, upon the latter’s request, pursuant to Article 536 of the Criminal Procedure Code.

General Amnesty

A general amnesty is an act of public authority that seeks to draw a veil of oblivion over certain criminal offenses, thereby nullifying any criminal proceedings that have been initiated or may be initiated, as well as any judgments rendered in relation to them. The authority competent to issue a general amnesty is the legislative branch.

Importance of Rehabilitation for Individuals and Companies

For individuals, rehabilitation aims to mitigate the social consequences of criminal convictions, allowing the rehabilitated person to regain their status in society as if no criminal judgment had ever been issued.

For companies, rehabilitation is a mechanism to protect society and the integrity of the local commercial system.

Legal Basis of Rehabilitation in Egypt

Under the Penal Code:

• The sentence must have been fully executed, or a pardon must have been granted, or the sentence must have lapsed by prescription.
• A period of six years must have passed from the date of execution or pardon in the case of a felony, and three years in the case of a misdemeanor.
• These periods are doubled in cases of recidivism or if the sentence lapsed due to prescription.

Under the Criminal Procedure Code (Articles 536 to 553):

Rehabilitation may be granted to any person convicted of a felony or misdemeanor, by a ruling issued by the competent Criminal Court based on a petition submitted by the convicted individual.

Requirements for rehabilitation include:

1. Complete execution of the sentence, or the issuance of a pardon, or lapse of the sentence by statute of limitations.
2. Elapse of the required statutory period as mentioned above.
3. If the convict was placed under police supervision following the completion of the original sentence, the statutory period begins from the end of the supervision period.
4. If the convict was conditionally released, the period begins only from the date on which the conditional release becomes final.

Additionally, for rehabilitation to be granted

• The applicant must have fulfilled all financial obligations resulting from the judgment, including fines, restitution, compensation, and legal costs.
• The court may waive this requirement if it is established that the applicant is unable to pay.
• If the beneficiary of compensation or restitution cannot be located or refuses to accept payment, the convicted person must deposit the amounts due in accordance with the provisions of the Civil and Commercial Procedures Law.

These deposits may be reclaimed if not claimed within five years:

In cases of joint liability, the applicant may pay only their individual share, and the court may determine such share if necessary.

In the event of bankruptcy-related offenses, the applicant must prove that they have obtained a commercial rehabilitation ruling.

If the applicant has multiple convictions, rehabilitation may only be granted if the above conditions are met for each judgment individually, with the statutory period calculated from the date of the most recent conviction.

Types of Rehabilitation

Rehabilitation is categorized into Legal Rehabilitation and Judicial Rehabilitation.

Legal Rehabilitation

Applies to individuals convicted of a felony or of specific misdemeanors such as theft, concealment of stolen goods, fraud, breach of trust, forgery, attempts to commit such crimes, or offenses listed under Articles 355, 356, 367, and 368 of the Penal Code, provided that twelve (12) years have passed.

Procedures for Legal Rehabilitation:

According to Article 550 of the Criminal Procedure Code, legal rehabilitation is granted only after twelve (12) years have passed from the execution, pardon, or lapse of the sentence by statute of limitations.

Judicial Rehabilitation

Every person convicted of a felony or misdemeanor has the right to request judicial rehabilitation. The ruling is issued by the Criminal Court with jurisdiction over the individual’s place of residence.

Procedures for Judicial Rehabilitation: (Articles 543 to 547) of the Criminal Procedure Code

The application must be submitted in writing to the Public Prosecution, including details sufficient to identify the applicant and specifying the judgment issued, along with details of their residences since the conviction.

The Public Prosecution conducts an investigation to verify the applicant’s history of residence, conduct, and means of livelihood. The findings are added to the application and submitted to the court within three months, accompanied by a report stating the prosecution’s opinion and the grounds therefor.

The application must be accompanied by:

• A copy of the conviction judgment
• A criminal record certificate
• A report on the applicant’s conduct during imprisonment

The court examines the request in chambers. It may hear the prosecution and the applicant and gather any additional information it deems necessary.

The applicant must be notified of the hearing at least eight days in advance.

The judgment on the application is subject to appeal only by cassation, on grounds of misapplication or misinterpretation of the law. The same procedural rules and time limits for cassation of criminal judgments apply.

Legal Effects of Rehabilitation

As per Articles 552 and 553 of the Criminal Procedure Code:

1. Rehabilitation results in the erasure of the conviction and all legal consequences flowing from it, including incapacity, loss of civil rights, and other criminal consequences.
2. However, rehabilitation does not affect third-party rights, particularly regarding restitution and compensation, arising from the criminal judgment.