By: Counsel Abdullah El-Feky

Law on Thuggery and Use of Force in Egyptian Law

The Crime of Displaying Force, Gradation of Punishment, and Complementary Penalties under Article 375 bis of the Egyptian Penal Code

Prepared by: Counselor Abdullah Al-Feki – Attorney at Law

📞 01003011313
📍 Al Ezz Towers – Ibn El-Hakam Square – Above QNB Bank – Nasr City – Cairo – Egypt

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Introduction

The crime of thuggery and displaying force is considered one of the most dangerous offenses addressed by the Egyptian legislator, due to its direct impact on public security and social stability.

The Egyptian legislator introduced Article 375 bis of the Penal Code to criminalize various forms of unlawful intimidation and violence, even in cases where no actual physical assault occurs, but rather threats or intimidation are used.

This legal provision reflects the state’s commitment to strengthening the rule of law and combating all forms of intimidation practiced outside the legal framework.

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First: Concept of the Crime of Thuggery and Display of Force

The crime refers to any act committed by the offender using force, violence, or threats with the intent to:

Instill fear in individuals and terrorize them

Impose control or influence outside the law

Disrupt public rights and freedoms

Compel others to act or refrain from acting without legal justification

The crime does not require actual physical harm; mere serious intimidation or display of force is sufficient.

It may appear in several forms such as:

Violent gatherings or riots

Use of white or firearms

Direct or indirect threats

Extortion or coercive control

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Second: Legal Basis – Article 375 bis of the Penal Code

Article 375 bis criminalizes all forms of intimidation, display of force, and threats, classifying them as crimes affecting public security.

The crime is established when the following elements exist:

Use of force, violence, or threats in any form

Creation of psychological fear or intimidation

Unlawful conduct outside the legal framework

Actual harm is not required; a serious threat alone is sufficient to constitute the offense.

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Third: Elements of the Crime of Displaying Force

1. Material Element

It includes any physical act by the offender such as:

Use of violence

Carrying weapons

Public display of force or threats

Imposing control over others

2. Mental Element

It refers to criminal intent, meaning the offender’s will to:

Intimidate the victim

Impose coercion or control

Use force outside the law

3. Subject of the Crime

It refers to individuals or society exposed to intimidation or threats.

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Fourth: Forms of Thuggery in Practice

Thuggery appears in several real-life forms, including:

Imposing extortion fees on citizens or shop owners

Using violence in personal disputes

Threatening with weapons in daily conflicts

Seizing property or land by force

Blocking roads or public facilities using coercion

These acts pose a serious threat to public order and security.

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Fifth: Gradation of Punishment for Display of Force

The legislator applies a graded system of punishment depending on the severity of the offense:

1. Simple Punishment

Applied when force is displayed without weapons or injury, usually resulting in imprisonment.

2. Aggravated Punishment

Applied when weapons are used or the offense is committed by more than one person.

3. Severe Punishment

Applied when the act causes injury or serious threat to public safety.

4. Recidivism

Harsher penalties are imposed in case of repeat offenses.

This ensures proportionality between the crime and its punishment.

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Sixth: Complementary Penalties in Thuggery Crimes

In addition to imprisonment, complementary penalties may include:

Confiscation of weapons or tools used in the crime

Police surveillance after sentence execution

Deprivation of certain civil rights

Inclusion in criminal risk lists

Judicial publicity in some cases

These measures aim to prevent recidivism.

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Seventh: Objectives of Article 375 bis

The article aims to:

Combat thuggery and violence in society

Protect citizens from intimidation

Strengthen the rule of law

Maintain public order and security

Deter unlawful use of force

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Eighth: Role of the Judiciary

The Egyptian judiciary plays a key role in applying Article 375 bis by:

Imposing strict penalties in serious cases

Ensuring general and specific deterrence

Interpreting legal texts fairly

Protecting society from organized violence

The Public Prosecution also accelerates investigations due to the seriousness of these crimes.

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Ninth: Importance of Law Enforcement in Practice

Strict application of Article 375 bis contributes to:

Reducing violence in society

Enhancing public trust in state institutions

Maintaining social stability

Limiting intimidation and extortion crimes

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Conclusion

In conclusion, the crime of thuggery and displaying force is among the most serious crimes affecting public safety and stability. Therefore, the Egyptian legislator introduced strict provisions under Article 375 bis of the Penal Code to address it firmly.

The fair and strict application of these provisions remains the true guarantee for public safety, strengthening the rule of law, and protecting citizens from any form of threat or intimidation.

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Prepared by: Counselor Abdullah Al-Feki – Attorney at Law

📞 01003011313
📍 Al Ezz Towers – Ibn El-Hakam Square – Above QNB Bank – Nasr City – Cairo – Egypt