Pre-trial Detention: Strategic Defense Measures

Pre-trial detention (Al-Habs Al-Ihtiyati) is an exceptional measure under Egyptian Criminal Procedure Law, intended only for cases where there is a risk of flight, interference with evidence, or public disturbance.

The Grounds for Release

Defense strategies focus on the absence of legal justifications for continued detention. By providing proof of a permanent residence, family ties, and commercial stability in Egypt, counsel can effectively argue for alternative precautionary measures, such as a travel ban or mandatory reporting to a police station.

Appealing Detention Orders

Every detention order or renewal issued by the Public Prosecution or a Summary Judge can be appealed. These appeals are heard before the Court of Consultation, where the defense must forcefully challenge the "Seriousness of the Evidence" (Gidiyat Al-Attiham) presented by the prosecution.

Procedural Timelines

Failure to bring a detainee before a judge within the legally mandated 24-hour window from the time of arrest is a fundamental breach of constitutional rights. Such procedural lapses can form the primary basis for a release order during the initial investigative hearing.