By: Counsel Abdullah El-Feky

Bullying and Intimidation Law in Egypt: Elements, Penalties, and Legal Defenses | Attorney Abdullah El Feky

📞 Contact Attorney Abdullah El Feky: 01003011313 / 01158586544
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If you are looking for information about the law governing bullying, intimidation, and displaying force in Egypt, or are facing an accusation involving intimidation, threats, or displaying force, it is important to understand that what is commonly referred to as “bullying” is legally addressed through specific provisions of the Egyptian Penal Code, particularly those concerning displaying force, threatening violence, or using it with the intent to intimidate the victim or influence their will. Understanding the elements of the offense and the circumstances surrounding the incident is important when assessing such an accusation.

What Is Considered Bullying or Intimidation Under Egyptian Law?

The term bullying is commonly used to describe behavior involving intimidation, fear, or imposing control over others. Legally, however, such conduct is addressed through specific provisions of the Penal Code.

Article 375 bis of the Penal Code criminalizes displaying force, threatening violence, or using violence against the victim, the victim's spouse, or one of the victim's ascendants or descendants when the conduct is intended to intimidate the victim, cause material or moral harm, damage property, take money, obtain a benefit, impose control, or influence the victim's will.

Therefore, the mere existence of a dispute or argument between two people does not automatically establish the offense. The conduct, circumstances, intent, and resulting effects must be examined according to the facts of each case.

What Are the Elements of the Offense?

To understand such an accusation legally, it is necessary to examine the elements of the alleged offense rather than relying only on the general description of “bullying.”

First: The Material Element

The material element concerns the conduct attributed to the accused, such as displaying force, threatening violence, or using force or violence, whether the accused acted personally or through another person.

The Court of Cassation has recently explained that the offense of displaying force, threatening violence, or making such threats is an intentional offense, and that its material element may be established through the conduct specified by law when the other legal requirements are satisfied.

Second: Criminal Intent

The conduct must also be examined in light of the purpose for which it was committed.

Article 375 bis addresses specific purposes, including intimidating the victim, causing harm to property, influencing the victim's will, imposing control, forcing the victim to perform or refrain from an act, or obstructing the implementation of laws, judgments, or judicial procedures that must be enforced.

The Court of Cassation has also stated that criminal intent in this offense is connected to the accused's awareness of the effect of the conduct in intimidating the victim and achieving the purpose targeted by the conduct.

What Conduct May Fall Within the Offense?

Under Article 375 bis, conduct may include:

• Displaying force before the victim.
• Threatening violence.
• Threatening to use force or violence.
• Using force or violence against the victim.
• Acting directly or through another person.
• Using such conduct to impose control or influence the victim's will.
• Intimidating or frightening the victim in a manner that affects their security, safety, freedom, honor, reputation, or interests.

This does not mean that every threat or argument automatically falls under the same provision. The legal classification depends on the circumstances, the alleged conduct, and the evidence presented in the case.

What Is the Penalty for Bullying Under Article 375 bis?

Article 375 bis of the Egyptian Penal Code provides for a basic penalty of imprisonment for a period of not less than one year for the offense of displaying force, threatening violence, or using it in circumstances covered by the provision, without prejudice to any more severe penalty provided by another law.

The penalty may become more severe in circumstances specifically identified by law.

When Is the Penalty More Severe?

The penalty increases to imprisonment for not less than two years and not more than five years in circumstances specified by law, including when the act is committed by two or more persons, while accompanied by an animal capable of causing fear, while carrying weapons, sticks, machines, tools, or certain materials, or when the act is committed against a woman or a person under 18 years of age.

Additional and more severe criminal consequences may also arise when displaying force or intimidation is connected to another offense, depending on the circumstances and applicable legal provisions.

Can the Offense Be Connected to Another Crime?

Yes. Another criminal offense may occur as a result of or in connection with displaying force or intimidation.

Article 375 bis (A) regulates certain circumstances in which displaying force is connected to other offenses and provides for increased penalties in cases specified by law.

Therefore, the potential penalty cannot be determined simply by knowing that the accusation is described as “bullying.” The full list of charges and the facts supporting them must be examined.

Is Carrying a Weapon Required?

No. A weapon is not required for the basic offense to be established.

The provision covers displaying force, threatening violence, or using force, while carrying weapons or certain tools and materials may constitute circumstances that increase the penalty when the statutory requirements are met.

It is therefore important to distinguish between establishing the offense and circumstances that may increase the penalty.

Does Every Fight Constitute Bullying?

No. Not every argument or physical altercation automatically constitutes the offense.

The legal classification depends on the nature of the conduct, its purpose, whether the legal elements of the offense are satisfied, and the evidence submitted by the prosecution or raised before the court.

For this reason, reviewing the incident report, statements, witness testimony, reports, and other evidence may be necessary to determine the correct legal classification.

What Are the Main Legal Defenses in Bullying Cases?

Legal defenses differ from one case to another, and there is no single defense that applies to every incident.

Depending on the circumstances of the case, defenses may concern whether the elements of the offense have been established, the actual conduct attributed to the accused, the existence of criminal intent, the strength of the evidence, and whether the applicable legal provision actually covers the alleged conduct.

These issues require reviewing the complete case file rather than relying on a brief description of the accusation.

Why Is Legal Representation Important in Bullying Cases?

Cases involving intimidation and displaying force require careful examination of the facts, evidence, and legal classification of the accusation.

Legal consultation can help clarify the accused's position, review the incident reports and investigation records, examine the evidence and procedures, and identify the legal defenses and requests that may be appropriate based on the circumstances.

The final legal position or prospects of the case cannot be determined without reviewing its specific details and documents.

Attorney Abdullah El Feky

You can contact Attorney Abdullah El Feky for inquiries and legal consultation based on the circumstances of your case.

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Frequently Asked Questions About the Law Governing Bullying in Egypt

What does “bullying” mean legally?

The commonly used term “bullying” is legally associated, in this context, with displaying force, threatening violence, or using violence with the intent to intimidate the victim or achieve purposes specified by law.

What is the penalty for bullying in Egypt?

The basic penalty under Article 375 bis is imprisonment for not less than one year. It may increase to imprisonment for not less than two years and not more than five years in the aggravated circumstances specified by law.

Does carrying a weapon increase the penalty?

Yes. Carrying weapons or certain tools and materials identified by the law may constitute an aggravating circumstance under Article 375 bis.

Is every fight considered bullying?

No. The facts of the altercation, the conduct of each party, the legal elements, criminal intent, and circumstances surrounding the incident must all be examined.

Can a judgment in a bullying case be appealed?

The law provides methods for challenging judgments according to applicable legal rules. The available method depends on the type of judgment, the procedural stage, and the circumstances of the case.

Conclusion

The Egyptian legal framework governing bullying, intimidation, and displaying force addresses these acts through specific provisions of the Penal Code. A person should not be legally classified as having committed the offense merely because the incident is described as “bullying”; the conduct, evidence, and legal elements must be examined.

Because every case has different circumstances, reviewing the incident report, investigation records, evidence, and charges is an essential step before determining the legal position or appropriate defense.

For inquiries and appointments with Attorney Abdullah El Feky:

📞 01003011313 / 01158586544
📱 WhatsApp: 01003011313

Legal Disclaimer: This article is intended for general legal awareness and does not replace specialized legal advice or guarantee the outcome of any case. The legal position and appropriate procedure vary according to the circumstances of each incident, the case file, and the available evidence.