By: Counselor Ahmed Gomaa

⚖️ Abolition of the Death Penalty under the New Criminal Procedure Law

Counselor Ahmed Gomaa – Legal Consultant in Criminal Law

The death penalty is considered the most severe punishment in criminal law. Throughout history, it has sparked wide debate between supporters who see it as necessary for deterrence and justice, and opponents who consider it an irreversible punishment in case of judicial error.

With recent legislative developments, questions have emerged regarding whether the new Criminal Procedure Law tends to abolish or regulate the death penalty, which is explained by Counselor Ahmed Gomaa in this article.

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⚖️ First: What is the Death Penalty in Egyptian Law?

The death penalty is the highest criminal punishment that can be imposed on a defendant and is applied in serious crimes such as:

Premeditated murder with intent

Some terrorism-related crimes

Crimes affecting state security

Exceptional crimes as defined by law

📌 It is executed only after exhausting all levels of litigation and final approval of the judgment.

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🧾 Second: Has the Death Penalty Been Abolished in the New Law?

So far, the death penalty has not been completely abolished under the new Criminal Procedure Law, however:

Strengthening fair trial guarantees

Tightening litigation procedures before execution

Increasing the Court of Cassation’s oversight on death sentences

Expanding the scope of retrial in exceptional cases

📌 The legislative approach is not abolition, but rather regulation and strengthening of legal safeguards.

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⚖️ Third: Philosophy Behind Retaining the Death Penalty

The legal approach in Egypt considers that retaining the death penalty aims to:

Achieve general deterrence of crime

Protect society from serious crimes

Ensure justice in severe criminal offenses

📌 However, it is treated as an exceptional punishment applied in the narrowest scope.

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🧠 Fourth: Legal Safeguards in Death Penalty Cases

The new Criminal Procedure Law has strengthened several safeguards, including:

Mandatory issuance by a Criminal Court

Mandatory review by the Court of Cassation

Careful examination of evidence and confessions

Full right of defense for the accused

📌 The goal is to minimize the risk of judicial error as much as possible.

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⚠️ Fifth: Legal Debate on Abolishing the Death Penalty

Legal scholars are divided into two main opinions:

✔️ Supporters of Abolition:

Protection of the right to life

Avoiding irreversible judicial errors

International human rights trends

❌ Opponents of Abolition:

Need for deterrence in serious crimes

Protection of public security

Difficulty of replacing it with equally effective alternatives in some crimes

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🧾 In Conclusion

The death penalty has not been abolished under the new Criminal Procedure Law. However, legal safeguards surrounding it have been significantly strengthened, achieving a balance between criminal justice and human rights protection.

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✍️ Counselor Ahmed Gomaa

Legal Consultant in Criminal Law
“Justice is not only about punishment, but also about ensuring that injustice does not occur.”