Impact of the Constitutional Court Ruling on Shabu and Ice Cases in Egypt
With the increasing number of cases related to narcotic substances such as Shabu and Ice (Methamphetamine) in Egyptian courts, a significant legal question arose following the ruling of the Constitutional Court that the Chairman of the Egyptian Drug Authority is not authorized to add certain substances to the narcotics
By: Counselor Amr el salte | Lawyer before the Court of Cassation and the Supreme Administrative Court
Impact of the Constitutional Court Ruling on Shabu and Ice Cases in Egypt
By Counselor Amr Al-Selt | Lawyer at the Court of Cassation and the Supreme Administrative Court
With the increasing number of cases related to narcotic substances such as Shabu and Ice (Methamphetamine) in Egyptian courts, a significant legal question arose following the ruling of the Constitutional Court that the Chairman of the Egyptian Drug Authority is not authorized to add certain substances to the narcotics schedules.
This ruling opened an important legal door for the defense in some drug cases, especially regarding the validity of including substances in legal schedules and whether the defense can argue the non-existence of the crime due to lack of proper legal basis.
What is the Constitutional Court Ruling on Narcotic Substance Listings?
The Constitutional Court issued an important ruling regarding the authority to include substances in narcotics schedules, stating:
The competent authority to issue regulations for these schedules must be clearly defined by law.
The Chairman of the Drug Authority does not have legal authority to include certain narcotic substances if there is no clear legal delegation granting this power.
This ruling is one of the important constitutional judgments affecting the interpretation and application of Egypt’s Anti-Narcotics Law.
What Does “Non-Existence of the Crime” Mean in Drug Cases?
In criminal law, a crime is based on three main pillars:
1️⃣ The Physical Element (Actus Reus)
2️⃣ The Mental Element (Mens Rea)
3️⃣ The Legal Element (Legality)
The legal element is the foundation of criminalization, meaning the existence of a correct legal text criminalizing the act. In other words, there is no crime or punishment without a valid legal text issued by a competent authority.
Therefore, if a substance is listed by an authority that is not legally competent, the defense can argue:
✔ Non-existence of the legal element of the crime, meaning the act attributed to the defendant may not be legally criminal due to lack of proper authority.
Impact of the Constitutional Ruling on Shabu and Ice Cases
The Constitutional Court ruling has raised significant legal defenses in cases involving:
Shabu
Ice
Methamphetamine
The defense may rely on the constitutional ruling to argue:
✔ Invalidity of the substance’s inclusion in the narcotics schedule
✔ Absence of the legal basis for criminalization
✔ Invalidity of procedures resulting from this inclusion
Note: The application of this defense is subject to the court’s discretion in each case.
Can the Ruling Lead to Acquittal?
In some cases, relying on the Constitutional Court ruling may lead to:
Re-evaluation of the legal evidence in the case
Discussion of the validity of including the narcotic substance in the schedules
Possibility to argue non-existence of the crime due to lack of the legal element
However, this does not mean that all cases will end in acquittal, as it depends on:
The date of the incident
Subsequent regulatory decisions
Court interpretation of the constitutional ruling
Importance of Consulting a Specialized Drug Lawyer
Drug cases are among the most complex criminal cases in Egypt, as they depend on:
Legal procedures
Chemical lab reports
Validity of substance inclusion in schedules
Legal and constitutional defenses
Therefore, it is essential to consult an experienced lawyer capable of reviewing the case file thoroughly and providing a strong legal defense.
Counselor Amr Al-Selt | Lawyer at the Court of Cassation and the Supreme Administrative Court
Counselor Amr Al-Selt specializes in criminal and administrative cases and leads the Qader Legal Consultancy and Law Office, providing comprehensive legal services to individuals and companies.
Legal Qualifications:
Master of Public Law
PhD in Public Law (Criminal)
Office Services:
⚖️ Criminal defense cases
⚖️ Drug cases
⚖️ Administrative and disciplinary cases
⚖️ Economic cases
⚖️ Legal consultancy for companies and individuals
⚖️ Drafting legal memoranda and appeals before the Court of Cassation
Contact Qader Legal Consultancy
📍 Address: Qader Legal Consultancy and Law Office
💬 WhatsApp: 01223424679
☎️ Phone: 01012849603
✉️ Email: [email protected]
🕘 Working hours: Daily from 6:00 PM – Thursday until 12:00 Midnight
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