Criminal Defence, Representation in criminal cases (such as fraud and cybercrime) involving foreigners, including appeals and human rights cases.
Criminal Defence for Foreigners in Egypt , Legal Framework and Challenges
Egypt, a hub for tourism and international business, attracts millions of foreigners annually. While most enjoy their stay without incident, some become victims of criminal activities such as fraud and cybercrimes or face legal proceedings as defendants. Navigating Egypt’s criminal justice system as a foreigner can be daunting due to language barriers, cultural differences, and complex legal procedures. This article explores criminal defence for foreigners in Egypt, focusing on fraud and cybercrime cases, the appeals process, human rights considerations, and the role of Egypt’s Internet Investigation Unit. It also examines common methods of fraud, including exploitation through social media and romantic relationships, and identifies key police stations handling such complaints.
The legal framework for the criminal defence of foreigners in Egypt
Egypt’s criminal justice system is primarily governed by the Egyptian Penal Code (Law No. 58 of 1937) and the Code of Criminal Procedure (Law No. 150 of 1950), both of which have been amended to address contemporary challenges, including cybercrimes. These laws outline the procedures for investigation, prosecution, trial, and appeal in criminal cases, ensuring the protection of both defendants and victims, including foreign nationals.
Criminal Procedure Code
Article 17 , Allows for reconciliation in certain crimes, such as property-related offenses or check fraud, if an agreement is reached with the prosecution’s or court’s approval. This can benefit foreigners seeking to resolve minor disputes.
Article 36 , Requires the Public Prosecution to interrogate a detainee within 24 hours of arrest. However, proposed amendments in 2024 may weaken this safeguard, potentially impacting foreigners’ rights during detention.
Article 123, Limits pretrial detention to 18 months for felonies, with extensions requiring judicial justification. Despite this, prolonged pretrial detention remains a concern, particularly in politically sensitive cases involving foreigners.
Law No. 175 of 2018 (Anti-Cybercrime Law)
This law addresses cybercrimes, including online fraud, hacking, and identity theft. It imposes penalties of imprisonment and fines for offenses like unauthorized access to digital systems (Article 14) or using the internet to commit fraud (Article 22). This is particularly relevant for foreigners targeted through social media.
Case Example , Fraud Involving a Foreigner
In 2018, Egyptian authorities arrested a group of African nationals in Cairo for defrauding a foreign citizen of $5,000 through an online scam promising currency exchange services. The case, handled by the General Directorate of Public Funds Investigations, demonstrated Egypt’s commitment to tackling cross-border fraud. The perpetrators were prosecuted under Article 336 of the Penal Code, highlighting the application of fraud laws to protect foreigners.
Criminal Cases Involving Foreigners
Foreigners in Egypt may face or be victims of various criminal cases, including
Fraud , Scams targeting tourists or expatriates, such as fake investment schemes or property deals
Cybercrimes , Online fraud, phishing, or identity theft, often perpetrated through social media platforms.
Drug-related offenses , Possession or trafficking, which carry severe penalties under Egypt’s strict anti-narcotics laws.
Human rights-related cases , Cases involving political activism or expression, where foreigners may face charges under vague laws like “spreading false news
Combating Internet Crimes in Egypt , Legal Framework and Protective Measures
Egypt has established a comprehensive legal framework to combat internet crimes, primarily through Law No. 175 of 2018 on Combating Information Technology Crimes (the Anti-Cybercrime Law), supplemented by other legislation such as the Personal Data Protection Law No. 151 of 2020 and the Telecommunications Regulation Law No. 10 of 2003. These laws address a range of cybercrimes, including hacking, data breaches, online fraud, and content-related offenses, while also outlining protective measures for individuals and organizations. Below is an overview of the legal framework and protective measures, based on available information.
Legal Framework for Combating Internet Crimes
Anti-Cybercrime Law No. 175 of 2018
Enactment and Scope , Ratified in August 2018, this law is Egypt’s first comprehensive legislation regulating internet activities. It targets crimes such as hacking, unauthorized access, data tampering, and content violations like spreading “fake news” or content threatening national security. It applies to both Egyptian and foreign entities operating websites with a connection to Egypt (e.g., hosted, managed, or targeting Egyptian audiences).
Key Provisions
Website Blocking (Article 7) , Authorities can block websites (Egyptian or foreign) deemed to threaten national security or the economy, with judicial validation required within four days.
Data Retention (Article 2) , Internet service providers (ISPs) must retain user data (e.g., browsing history, metadata, IP addresses) for 180 days and provide it to authorities upon request. Non-compliance can lead to fines of EGP 5–20 million or license revocation.
Web Administrator Liability (Article 29) , Web administrators are criminally liable for failing to secure websites, email accounts, or information systems. Penalties include imprisonment of at least one year and/or fines of EGP 20,000–200,000. Negligence reduces penalties to six months imprisonment and/or EGP 20,000–200,000 fines.
Privacy Violations (Article 25) , Posting content that violates privacy or Egyptian family values without consent is punishable by at least six months in prison and/or fines of EGP 50,000–100,000.
Fraud and Hacking , Unauthorized access to bank cards or electronic payment tools incurs three months to one year imprisonment and/or fines of EGP 30,000–200,000.
VPN Usage (Article 14) ,Using VPNs to access blocked websites is illegal, with penalties of at least one year imprisonment and fines of EGP 50,000–100,000.
Jurisdiction (Article 3) , Egyptian authorities can prosecute non-Egyptians for cybercrimes committed abroad if the acts are punishable in the foreign country and affect Egypt.
Penalties , Penalties range from fines (up to EGP 10 million) to imprisonment (up to two years for managing banned websites).
Personal Data Protection Law No. 151 of 2020
Purpose, This law aims to protect personal data and regulate its collection, storage, and processing. It aligns partially with international standards like the GDPR but includes exceptions that raise concerns.
Key Provisions
Data Protection Scope , Applies to Egyptians and non-Egyptians in Egypt, or non-Egyptians abroad if the data pertains to Egyptians or residents and the act is punishable in the foreign country.
Exceptions , National security agencies and the Central Bank are exempt from certain provisions, potentially undermining privacy protections.
Data Transfer ,Prohibits cross-border data transfers to countries without equivalent data protection standards.
Impact , While designed to protect data, exemptions for security agencies allow surveillance, potentially conflicting with privacy rights under Article 57 of the Egyptian Constitution.