Bill to

Amend the Penal Code, the code of Criminal procedures and the code of Civil and commercial Procedures

 

In the Name of the People

The President of the Republic

After reviewing the Constitution, The Penal law no. 58 for 1073, The Criminal Procedure law no. 150 for 1950,The Civil and Commercial Procedure law no. 13 for 1968, And their amendments,

The people's Assembly decided and promulgated the following law:

Article: 1

First:The name of Chapter eleven (11) in the second Book of the penal code no. 58 of 1937 and its amendments shall be changed to be "Chapter of crimes and misdemeanors relating to religions"

Second: A new article no. 159 (bis) shall be added to the said law as follows:  

Article 159 (repeated) of the penal code (added) "Shall be punished with imprisonment and fine that not less than fifty thousand pounds, or one of it them, whoever:

  1. abuses, disdains, Despises or ridicules the divine or any of heavenly religions, their messengers and prophets or their wives, families, or companions and whoever incites or promotes thereof, by any means; readable, audible, visible, via satellite or via internet, whether it used in writings, expressionist and symbolic paintings, caricatures, photographic, singing or acting…etc and in any language

The same penalty shall be applied on publishers, and those who are responsible for printing, issuance, broadcast or electronic transmission whether they were a judicial or a natural person.

2-   Republishing, reprinting, reissuing, reviewing, rebroadcasting or reviewing by electronic transmission any of the aforementioned actions or part of it or the developing, introducing it in another material, selling, renting or denoting it in recompense or otherwise or bartering thereof. Whether that action take part in the state territory or outside it, even if the perpetrator is non-citizen of it.

Instruments, equipments, devices, headquarters, and places used to commit the crime shall be sentenced to confiscation and closure.

In the case of repetition, the penalty shall be aggravated prison sentence and fine.

Article: 2

Shall add new article no. 3 bis for the criminal procedure code no. 150 for 1950 amended by the following text:

Article 3 (repeated) (added) "criminal action shall be filed about crimes mentioned in article 159 repeated of the penal code by one of public Prosecutors,  at least Chief Prosecutor degree, or upon written request submitted to the General Prosecutor by any subject in the state or one affiliated to heavenly religion who enjoy  his  civil rights according  to the state laws, even the crime committed out of its territory and the perpetrator was not of its nationals or whoever has interest to complain from the public prosecution decision issued by preservation or that ordering that there is no need to initiate the criminal action according to circumstances”

Article: 3

The second paragraph of article 15 of the criminal procedure code shall be amended to:

“Crimes stipulated in articles 117, 126, 127, 159 repeated, 282, 309 repeated (A) and crimes stipulated in the first section of the second chapter of the second book of the penal code occurred after the application date of this law, shall not lapse or subject to prescription.”

Article: 4

The second paragraph of the Article 3 of the Civil and Commercial Procedures Code  issued by law no. 13 for 1968 shall be amended to:-

“However, public or private potential interest is sufficient or if the purpose of the request was the precaution to obviate imminent harm or to ascertain for right feared to forfeit its proof when disputed.”

Article: 5

Any provision in other laws contradict the provisions of the law hereto shall be abrogated.

Article: 6

This law shall be stamped with the seal of the state and executed as one of its laws and came in to effect on the day following the date of publication in the official Gazette.

Issued at the presidency on 1429 H. / 2008 AD .

President

Hosni Mubarak

 

 

 

All rights reserved The Scientific Group For Legal Studies ©2007