Abolition of the Death Penalty under Egypt’s New Criminal Procedure Law: The Legal Position | Hiam Gomaa Salem

Egypt’s new Criminal Procedure Law has prompted legal discussion about the effect of reconciliation in certain murder cases and whether death sentences may be reduced in specific circumstances. The debate centers on Article 22 of Law No. 174 of 2025, which regulates the effect of reconciliation in specified crimes. This has led to questions about whether the death penalty has been abolished in Egypt.

However, reducing a sentence in particular cases is not the same as abolishing the penalty throughout the legal system. Each procedure has its own legal conditions and scope. Hiam Gomaa Salem of Al-Alameya Law and Legal Consultations explains the distinction between abolishing a penalty, reducing a sentence, and the legal consequences of reconciliation in criminal proceedings.

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Has Egypt’s New Criminal Procedure Law Abolished the Death Penalty?

No. The new Criminal Procedure Law does not generally abolish the death penalty under Egyptian law. The penalty remains prescribed for certain crimes under the relevant substantive legislation.

However, Law No. 174 of 2025 includes provisions governing the effect of reconciliation in specified crimes, some of which may carry the death penalty. Under Article 22, reconciliation in cases covered by the provision may lead to a reduced sentence in accordance with Article 17 of the Penal Code.

The more accurate legal description is therefore that the law regulates the possibility of reducing a sentence in specified crimes when the legal conditions for reconciliation are met, rather than abolishing the death penalty altogether.

Why Has Article 22 Raised Questions About the Death Penalty?

Article 22 has attracted attention because it allows the victim’s heirs, or their specially authorized representative, to establish reconciliation in certain specified crimes at any stage of the proceedings before a final, conclusive judgment is issued.

The significance of this provision is that reconciliation may have consequences beyond a social settlement between the parties. In cases covered by the law, it can affect the sentence.

However, the provision does not mean that the victim’s family alone determines the outcome of the criminal proceedings or the sentence independently of the court. Reconciliation must fall within the scope defined by law, and the applicable legal procedures and conditions must be observed.

Which Crimes May Be Covered by Reconciliation under Article 22?

Article 22 refers to specific provisions of the Egyptian Penal Code, including:

• Crimes under Article 230.

• Crimes under Article 233.

• Crimes under the first and second paragraphs of Article 234.

• Crimes under Article 235.

• The offense specified in the first paragraph of Article 236.

These provisions concern certain forms of intentional killing and participation in killing, as well as specified forms of assault resulting in death, subject to the details set out in the Penal Code.

The provision should not be generalized to every murder case or every felony that may carry the death penalty. The relevant statutory provision must be identified, and its applicability to the particular facts must be assessed.

What Is the Difference Between Abolishing and Reducing the Death Penalty?

The two concepts have different legal meanings and should not be treated as interchangeable.

Abolition of a penalty means removing it from the legislation so that it is no longer prescribed for the relevant offense under the provision that previously authorized it.

Reduction of a sentence means imposing a less severe penalty in a case where the law permits a reduction, while the original penalty remains available in other circumstances.

Accordingly, Article 22 does not mean that the death penalty has been abolished in Egypt. It regulates the effect of reconciliation in specified crimes, which may lead to a reduced sentence under the applicable legal rules.

How Can Reconciliation Affect a Death Sentence?

Reconciliation may affect the sentence when the conditions of Article 22 are satisfied and the offense falls within the provision.

The legal effect does not depend solely on announcing that reconciliation has occurred. It is necessary to verify that the provision applies to the case, that reconciliation has been properly established, and that the relevant procedural and sentencing rules have been observed.

Nor does a reduction necessarily produce the same outcome in every case. The available sentence depends on the applicable legislation, the circumstances of the proceedings, and the court’s determination under the law.

It is therefore not accurate to conclude that every death sentence will automatically become a life sentence or another penalty following reconciliation. Each case requires an independent legal assessment.

Has the Court of Cassation Applied Article 22 Before the Law’s General Commencement?

Yes. News reports published in April 2026 covered a Court of Cassation decision reducing two death sentences in an intentional killing case after evidence of reconciliation with the victim’s heirs was submitted.

According to the published reporting, the court relied on Article 22 as a provision more favorable to the defendants in that case and amended their sentences.

This illustrates how the application of a more favorable provision may raise legal questions about when the provision was issued, when the law is due to take effect, and whether it may apply to a particular case. It does not mean that the death penalty has been abolished or that the same result automatically applies to all cases.

When Will the New Criminal Procedure Law Take Effect?

Criminal Procedure Law No. 174 of 2025 was enacted, and Law No. 160 of 2026 subsequently amended its commencement date to October 1, 2027, replacing the earlier date.

The general commencement date must be distinguished from judicial decisions that have considered Article 22 in individual cases as a provision more favorable to the defendant.

When assessing an ongoing case, the applicable official legislation, the date of the alleged offense, the procedural history, and the rules governing more favorable laws should all be reviewed. The applicable law cannot be determined merely by reading the headline of a news report.

The Role of a Lawyer in Death Penalty and Reconciliation Cases

Cases that may carry the death penalty require a careful review of the charge, the evidence, the defense arguments, and the statutory provisions applicable to the alleged offense.

Where reconciliation is involved, the legal assessment may need to address:

• Whether the offense falls within the statutory provisions covering reconciliation.

• Whether reconciliation has been properly established by legally authorized persons.

• The procedural stage of the case.

• The effect of reconciliation on sentencing under the applicable law.

• Whether other legal provisions or judicial decisions affect the defendant’s position.

A specialized legal assessment can help identify the relevant arguments and procedures without assuming a particular outcome or guaranteeing the final judgment.

Hiam Gomaa Salem – Al-Alameya Law and Legal Consultations

Understanding the effect of Egypt’s new Criminal Procedure Law on the death penalty requires reading the relevant provisions in context and distinguishing general rules from exceptions that apply in specified circumstances.

For inquiries about reconciliation or the effect of procedural legislation on a particular case, contact Hiam Gomaa Salem – Al-Alameya Law and Legal Consultations.

WhatsApp: 01009063040
Phone: 01009063040
Address: 10 G, Ibn Sender Square, Hamat Al-Qobba, Cairo, Egypt.

Egypt’s new Criminal Procedure Law does not generally abolish the death penalty. Instead, Article 22 of Law No. 174 of 2025 regulates the effect of reconciliation in specified crimes and may allow a sentence to be reduced under Article 17 of the Penal Code when the required legal conditions are met.

Applying the provision to an individual case requires examining the nature of the offense, the stage of the proceedings, the steps taken to establish reconciliation, and the applicable rules on the more favorable law. A sound legal conclusion should therefore be based on official statutory texts and relevant judicial decisions.