Penal Code No. 58 of 1937
|Publisher||National Legislative Bodies|
|Author||Arab Republic of Egypt|
|Publication Date||August 1937|
|Cite as||Penal Code No. 58 of 1937 , August 1937, available at: http://www.refworld.org/docid/3f827fc44.html [accessed 22 May 2013]|
The provisions of the present law shall apply to any person who commits in Egypt one of the crimes prescribed herein.(1)
The provisions of the present law shall also apply to the persons mentioned below:
Any person who commits abroad one of the following crimes:
A. A felony against the government security, as prescribed in Part –1 and 2 of Book -II of the present law.
B. A felony of forgery as prescribed in article 206 of the present law.
C. A felony of counterfeit, forgery or falsification of currency note or coin as prescribed in article 202, or a felony of bringing into or taking out of Egypt that counterfeit, forged or falsified currency note or coin, circulating it, or possessing it for the purpose of circulating or dealing with it as prescribed in article 203, providing the currency is legally circulated in Egypt.(1)
The popular action shall not be brought against the perpetrator of an offence or deed abroad, except by the public prosecution.
It shall not be brought against a person who establishes that the foreign courts have acquitted him/her from the charge levelled against him/her, or have passed a final judgment against him/her, and he/she fulfilled his/her penalty.(2)
Crimes shall be punished by virtue of the law in force at the time of its commitment.
However, if after committing the deed and before a final judgment is passed in respect thereof, a better law for the defendant is issued, that law shall be the one to be exclusively followed.
If, after a final judgment, a law is passed rendering non-punishable the deed for which a judgment is passed against the criminal, the execution of the judgment shall be discontinued and its criminal effects shall be terminated.
Anyone who illegally seizes an aircraft or a vessel, or land transportation, jeopardizing the safety of the people on board, shall be sentenced to temporary hard labour. If the perpetrator uses terrorism or if the seizure results in the injury of any person who was inside or outside the means of transportation, as provided for in provisions 240 and 241 of this law; or if the perpetrator resists public authorities, using force or violence, while performing their duties when trying to regain control of the seized means, he shall be sentenced to hard labour for life. If the seizure results in the death of a person inside or outside the means of transportation, the perpetrator shall be sentenced to death.(1)
A punishment of imprisonment for 2 years and a fine from 20 to 500 L.E. or one of these punishments shall be imposed on anyone who:
- manufactured or possessed printed materials, manuscripts, advertisements, relieves, engraves, manual or photographic drawings, symbolic signs or any other material or photographs violating public morals;
- in case this manufacture or possession was intended to trafficking, adhesion or exhibition.
The same punishment shall be imposed on anyone who:
1. Imported, exported or transferred by himself or by any other person any of the above-mentioned materials.
2. Issued an advertisement, publicly exhibited, sold, rented, offered for sale or for rent, even though this was unpublicly effected.
3. Publicly and by direct or indirect means forwarded, even though free of charge and by any means, any of the above-mentioned material.
4. Distributed or handed over with intent to be distributed, by any means, any of these materials.
5. Discretely distributed any of these materials, even though free of charge and with intent to corrupt morals.
As well as the fore-cited punishment is to be inflicted to anyone who:
1. Publicly delivered immoral songs, shouting or speeches.
2. Publicly seduced committing debauchery or issued advertisements or messages of any expressions.
In case of recidivism the punishment shall be imprisonment and a fine without violating article 50 of this Code.
(i) Any person who copulates with a female without her consent is punished by penal servitude for life or for a certain period of time. If the offender is related to the child or responsible for the child's upbringing or having authority over the child or serving her against salary or one of those previously mentioned, penalty of penal servitude of life is inflicted.
(i) Every one that rapes a human being by violence or threat or attempted to do so is punished by penal servitude for 3 to 7 years.