New Criminal Procedure Law No. 174 of 2025 in Egypt | Mohamed El-Omda, Attorney at Law

Introduction

Egypt’s new Criminal Procedure Law No. 174 of 2025 introduces a new framework for regulating criminal proceedings, covering various stages from arrest and investigation to trial, appeals, and certain aspects of international judicial cooperation. The law also includes provisions concerning the rights of defendants, pretrial detention, judicial notifications, and other procedural matters.

Mohamed El-Omda, Attorney at Law, follows developments related to the new Criminal Procedure Law and the procedural rules that may affect defendants and parties involved in criminal cases, particularly as the law is scheduled to enter into force on October 1, 2026.

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What Is Egypt’s New Criminal Procedure Law No. 174 of 2025?

Criminal Procedure Law No. 174 of 2025 is the new legislation governing criminal proceedings in Egypt, including procedures related to criminal investigations, arrest, detention, trial, appeals, and the enforcement of criminal judgments.

The new law repeals Criminal Procedure Law No. 150 of 1950, as well as Law No. 140 of 2014 concerning certain provisions related to the extradition of defendants and the transfer of convicted persons, while also repealing provisions that conflict with the new law.

When Does the New Criminal Procedure Law Take Effect?

Although Law No. 174 of 2025 was issued in November 2025, its provisions are scheduled to take effect on October 1, 2026.

The delayed effective date provides time for the judiciary, Public Prosecution, judicial enforcement officers, and lawyers to prepare for the implementation of the new procedural framework and its newly introduced mechanisms.

Therefore, October 1, 2026, represents an important date in the transition from the previous criminal procedure rules to the new framework.

What Are the Main Changes Introduced by the New Law?

The new law addresses a wide range of criminal procedural matters, including:

• Arrest, search, and apprehension procedures.
• Defendant safeguards during investigations.
• Interrogation procedures.
• Pretrial detention and its duration.
• Alternatives to pretrial detention.
• Judicial notification procedures.
• Certain trial procedures.
• Appeals and other methods of challenging judgments.
• Absence judgments.
• Certain procedures related to international judicial cooperation.
• Transitional rules between the previous and new legal frameworks.

The applicable rules depend on the type of criminal case, its procedural stage, and the specific action being taken.

What Has Changed Regarding Pretrial Detention?

One of the important areas addressed by the new law is the regulation of pretrial detention and the expansion of its alternatives.

The final provisions include seven alternatives to pretrial detention, instead of three, allowing other measures to be used in cases where the legal requirements are satisfied.

Among the alternatives identified in the final legislative framework are:

• Restricting the defendant from leaving a specified geographical area without permission from the Public Prosecution.
• Prohibiting the defendant from meeting or communicating with specified persons.
• Temporarily prohibiting the possession or carrying of firearms and ammunition and requiring them to be surrendered to the competent police station.
• Using technological means to monitor the defendant in accordance with the applicable legal safeguards.

The use of any alternative remains subject to the circumstances of each case and the conditions established by law.

What Safeguards Does the New Law Provide During Investigations?

The new law regulates several safeguards concerning defendants during the investigation stage.

These provisions include rules concerning the presence of a lawyer during the interrogation of a defendant in the cases specified by law, as well as requirements governing the detention of a defendant pending interrogation.

The law also establishes safeguards related to detention periods, judicial oversight, and the ability to challenge certain orders issued during this stage.

These provisions form part of a broader framework intended to regulate criminal investigations while preserving the procedural rights established by law.

What Does the New Law Say About Arrest and Apprehension Procedures?

The new law regulates arrest, search, and apprehension procedures and establishes requirements concerning the issuance and execution of relevant orders.

A defendant's awareness of the reason for restricting their liberty and the accusations against them is among the procedural matters addressed within the legal framework.

Whether an arrest or apprehension procedure is lawful depends on the circumstances of the incident and the legal basis on which the procedure was carried out.

What About the Protection of Homes?

The new law maintains legal protection for homes and regulates exceptional circumstances in which entering a residence may be permitted under the conditions established by law.

Certain exceptional situations may include cases involving a request for assistance or an immediate danger resulting from fire, drowning, or similar circumstances, subject to the applicable legal requirements.

Accordingly, entering or searching a residence cannot be treated as one uniform procedure in every case. The legality of the action depends on the circumstances and the legal basis for carrying it out.

Have Judicial Notification Rules Changed?

The new law reorganizes certain judicial notification procedures and introduces technological methods alongside traditional methods.

The final provisions maintain traditional notification procedures alongside newly introduced technological methods, particularly where the technological method cannot be used for a particular reason.

This is intended to prevent procedural proceedings from being disrupted or legal deadlines from being lost.

The validity of notification and the date on which it occurs can therefore be important when calculating procedural deadlines in criminal cases.

What About Judgments Issued in Absentia?

The new law regulates several matters concerning judgments issued in absentia and the methods available for challenging such judgments.

The enactment provisions also include transitional rules concerning certain judgments and procedures issued or initiated before the new law takes effect.

According to the enactment provisions, appeals involving certain judgments issued in absentia in felony cases before the new law comes into force continue to be considered according to the procedures applicable before the new law takes effect.

This means that determining which legal rules apply may require examining the date of the case, the judgment, and the procedural action taken before October 1, 2026.

What Happens to Criminal Cases Already Pending Before the New Law Takes Effect?

The entry into force of the new law does not mean that every pending criminal case will automatically be subject to all of its provisions without exception.

The enactment provisions establish transitional rules for certain situations, including appeals against judgments issued in absentia and some procedures relating to felony cases.

Therefore, a criminal case that began under the previous law may require an examination of its procedural stage and the actions already taken before the new law becomes effective.

Why Is the Effective Date Important?

The date October 1, 2026 is particularly important for anyone involved in criminal proceedings during the transition between the previous and new legal frameworks.

The date on which a procedural action was taken, a judgment was issued, or a trial began may affect which procedural rules apply.

Certain transitional provisions also establish specific rules for cases and procedures that began before the new law became effective.

Does the New Criminal Procedure Law Repeal the Previous Law?

Yes. Law No. 174 of 2025 repeals Criminal Procedure Law No. 150 of 1950, as well as Law No. 140 of 2014 concerning certain provisions related to the extradition of defendants and the transfer of convicted persons.

It also repeals any provision that conflicts with the new law and its accompanying legislation.

However, the new framework takes effect on the legally specified date, while the transitional provisions included in the enactment section continue to govern certain cases and procedures.

What Should Be Considered When Dealing With the New Law?

Criminal procedures are governed by precise requirements, conditions, and deadlines.

Important factors may include:

• The date of the incident.
• The date on which the procedural action was taken.
• The stage of the criminal case.
• The type of offense.
• The type of judgment, if any.
• The method and date of notification.
• The applicable deadline for an appeal or other procedural action.
• Whether a transitional provision applies to the case.

General information about the law is not always sufficient to determine the correct procedure. The specific circumstances and procedural history of each case must be examined.

Criminal Procedure Law No. 174 of 2025 establishes a new procedural framework for criminal proceedings in Egypt. It addresses various matters involving arrest, investigation, pretrial detention and its alternatives, judicial notification, trial procedures, appeals, and certain aspects of international judicial cooperation.

The law is scheduled to take effect on October 1, 2026, making it important to understand the differences between the previous and new procedural rules, particularly in cases whose proceedings extend across the effective date.

The applicable legal procedure ultimately depends on the specific facts of each case, its procedural stage, and the dates on which the relevant actions were taken.