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Ruling military council approves political exclusion law
Published in Youm7 on 21 - 11 - 2011

CAIRO: Egypt's ruling Supreme Council of the Armed Forces (SCAF) today issued decree No. 131/2011 to amend certain provisions of decree 344/1952, which reformed 173/ 1952. The law is known in the media alternately as the ‘law of treachery,' ‘law of corruption of political life' or the ‘law of political exclusion.'
The Law Decree:
After reviewing the constitutional declaration issued February 13, 2011; after reviewing the constitutional declaration issued March 30, 2011; and after reviewing Criminal Law and Criminal Procedures Law; after reviewing Law of 344/1952 (Law of Treasury), which reformed by 173/ 1952 as well as after the Cabinet's approval, issues the following decree:
Article 1
The word “treachery” will be replaced by “corruption of political life” in the Law of 344/1952, which reformed by Law 173/ 1952.
Article 2
Articles No. (1/a), (2), (3) and (4) of Law of 344/1952, which reformed 173/1952, shall be replaced as following:
Article 1/a (amended):
Doing an action that could corrupt rule or political life, aims to harm or slacken State interests.
Article (2):
Without causing conflict with the criminal law, all those who commit the crimes which are mentioned in article (1) in Law of 344/1952 which reformed 173/1952, will be punished by one or all of these penalties:
• Exclusion from holding public posts;
• Withdrawal of membership in the Shura Council, People's Assembly or local councils;
• Deprivation of running for elections and voting in Shura Council, People's Assembly and local council elections for a maximum of five years after issuing the court ruling;
• Deprivation of holding public posts for a maximum of five years after issuing the court ruling;
• Deprivation of participating on the boards of public authorities, organizations, or companies for a maximum of five years after issuing the court ruling.
Any one who participates, incites, agrees or helps to commit any of the crimes mentioned in article (1) of Law of 344/1952 which reformed 173/1952 will have (all or one of) the punishments mentioned above.
It is up to the court to decide which punishments will be imposed. The court will estimate the value of refunds.
The court also may rule the criminal to compensate damages and harms caused by his crime to any public person.
Article (3):
The criminal court is responsible for discussing and ruling on the crimes mentioned in article (1) of Law of 344/1952 which reformed 173/1952.
The head of the appeals court determines, after General Assembly approval, the region in which the case must be discussed.
The accused must be informed about the court session's time and court procedures according to the Code of Criminal Procedure.
Article (4):
The Attorney General will transfer lawsuits of crimes mentioned in article (1) of Law of 344/1952 which reformed 173/1952 after receiving serious evidences that proves the committing of one of these crimes and after investigation.
The Attorney General has all legal powers of investigation and accusation and to bring the lawsuit before of the court
Article 3:
Articles (b), (c), (d), (e) of article 1 and Article 6 are cancelled in Law of 344/1952 which reformed 173/1952.
Article 4:
All rules that oppose this decree are canceled.
Article 5:
This decree shall be published in the state-run newspaper, and shall have the same force and effect of Law. It shall be come into force in the second day of its issuance.


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