Temporary Release under the Egyptian Criminal Procedure Code

The Public Prosecution may order the temporary release of a pretrial detainee or the termination of precautionary measures at any time, either on its own initiative or upon the request of the accused, with or without bail. This is conditional upon the accused’s undertaking to appear whenever summoned by the Public Prosecution.

Definition of Temporary Release

Temporary release is a form of early release from custody wherein the accused agrees to comply with behavioral and legal conditions stipulated by the judicial authority.

Legal Nature of Temporary Release

Temporary release does not constitute a dismissal of the case or an acquittal of the accused. It is merely a precautionary procedure regulated by the judiciary to ensure that pretrial detention is not used as a punitive tool in the absence of a final judicial ruling.

Legal Importance of Temporary Release

It allows for the release of a defendant held by an international criminal court pending the conclusion of their trial, ensuring the balance between individual liberty and the requirements of justice.

Legislative Provisions in the Criminal Procedure Code:

The investigating judge may, at any time, whether on their own initiative or upon request by the accused, after hearing the Public Prosecution’s opinion, order the temporary release of the accused if they were the authority that issued the detention order. The release is conditional upon the accused’s undertaking to appear whenever requested and not to evade enforcement of a potential judgment.

If the detention order was issued by the Misdemeanor Appeals Court sitting in chambers based on the Prosecution’s appeal of a prior release order by the investigating judge, only that court may issue a new release order.

Types of Temporary Release

1- Temporary Release with Financial Bail:

A specified sum must be deposited by the accused or another person in the court’s treasury, either in cash, government bonds, or securities guaranteed by the state.

A third party may undertake to pay the bail if the accused violates any of the release conditions. Such undertakings are recorded in the investigation minutes or a report by the court clerk and are enforceable as official instruments.

2- Temporary Release without Bail:

The Public Prosecution may order the release of the detainee without requiring bail, provided that the accused undertakes to appear upon request by the prosecution.

Special Conditions for Granting Temporary Release (Article 149)

If the investigating judge finds the accused unable to provide bail, they may order the accused to report to the police station at designated times. The judge may also require the accused to reside in a different location from where the crime occurred or prohibit them from frequenting specific places.

Procedures for Temporary Release (Under the Criminal Procedure Code)

Article 146:

The investigating judge or the Misdemeanor Appeals Court sitting in chambers determines the bail amount. The bail is split into two parts:

• One part guarantees the accused’s appearance at any procedural step and their compliance with duties, including the enforcement of judgment.
• The other part covers government expenses, fines, and other financial penalties. If not specifically divided, the full amount is considered to guarantee appearance and duties

Article 147:

Bail may be deposited by the accused or another person in cash or government-backed securities. A third party may also undertake to pay the amount if the accused breaches the release conditions. The agreement is officially recorded and is enforceable.

• The release order does not prevent the investigating judge from issuing a new arrest or detention order if new evidence arises, if conditions are breached, or if circumstances change. Once the case is referred to the court, the release or detention decision becomes the responsibility of the receiving judicial authority.

Role of the Public Prosecution and the Court (Article 150)

A release order does not bar the investigating judge from issuing a new order for arrest or detention upon the emergence of new evidence, breach of release conditions, or change in circumstances.

Court Jurisdiction (Article 151)

Upon referral of the accused to court, the authority to issue a release or detention order rests with the court to which the case has been referred.

In cases of referral to a first-degree criminal court or appeal to a criminal appellate court, decisions made outside regular sessions fall under the jurisdiction of the Misdemeanor Appeals Court sitting in chambers.

If a ruling of lack of jurisdiction is issued, the Misdemeanor Appeals Court sitting in chambers remains competent to consider release or detention requests until the case is properly referred.

Revocation of Temporary Release (Article 152)

Neither the victim nor the civil claimant may request the detention of the accused, nor are their statements heard in discussions concerning the accuseds release.

Role of Law Firms in Temporary Release Cases

Law firms play a crucial role in submitting applications for the release of defendants held by international criminal courts pending the conclusion of their trials.