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02:35 am
Tuesday April 28, 2020
Books – Mahmoud Al-Shourbagy:
President Abdel Fattah El-Sisi issued Resolution No. 168 of 2020 declaring a state of emergency across the country for a period of three months, beginning at one in the morning, today, Tuesday, April 28, 2020.
The state of emergency means that, with the procedures stipulated by law, the President of the Republic can take appropriate measures to maintain security and public order, and among these measures, in particular, is to monitor newspapers and brochures, publications and confiscate all means of expression, publicity and publicity, provided this is limited to matters related to public safety. For national security purposes, determine dates to open and close all or some public stores, withdraw licenses for weapons, ammunition, and explosives of various types, and vacate or close some areas.
Activating the state of emergency allows state agencies to ban meetings and demonstrations, if it is dangerous that it could affect national security or threaten the stability of the state due to its presence.
In accordance with the provisions of the articles of the Emergency Law, the President of the Republic has 7 powers before the State Security Courts; First: It is not allowed to appeal in any way the decisions issued by the State Security Courts, and these decisions are not final until after their ratification by the President of the Republic. Second: the President of the Republic can save the case before taking it to court. Third: You can order the temporary release of the arrested suspects before referring the case to the State Security Court.
The fourth competence of the President of the Republic is considered that when the President appears with the sentence, the President may reduce the penalty imposed or replace it with a lesser penalty, or cancel all or some of the sanctions of any kind, original, complementary or dependent, or suspend the implementation of all or some of the sanctions.
Fifth: The President of the Republic can annul the verdict while preserving the lawsuit or by ordering a new trial before another chamber. In the latter case, the decision must be justified, and sixth: if the verdict was issued after the new trial, a judge is acquitted, it must be ratified in all cases and if the sentence is permissible, the President of the Republic can cancel the sentence, reduce it or suspend its execution in accordance with the provisions of the first paragraph, or cancel the sentence while preserving the case.
The seventh powers of the President of the Republic come to clarify that, after ratifying the sentence, the President can cancel the ruling while preserving the lawsuit, reduce the sentence or suspend its execution, and that is all unless the crime in which the judgment is made a crime of intentional murder or participation in it.
Mohamed Salem, cassation attorney and Supreme Constitutional, said that the law obliged the government not to impose a state of emergency for more than 6 continuous months, and that it is imperative to have a period of time between that period, 6 months, and the issuance of a new decision to impose a state of emergency again if necessary. That.
Khaled al-Zuhairi, the cassation lawyer, said the state security courts are emergency with the President of the Republic declaring a state of emergency in the country, and is first divided into a “partial emergency court” that is He meets in the primary courts and specializes in crimes punishable by imprisonment and a fine, and secondly in a “high-emergency court” that meets the courts of appeals AND specializes in looking at felonies.
He added to “Masrawy” that when the state of emergency ends, the State Security Courts continue to be a “competent” emergency to hear the cases referred to it and continue its consideration in accordance with established procedures.
Dr. Ahmed Mahran, professor of public law and director of the Cairo Center for Political and Legal Studies, told Masrawy in previous statements that the jurisprudential rule states that while the reasons for extending the state of emergency are based on realistic causes such as As a result of the security conditions, it is imperative to make exceptional decisions to face the state of need. What requires activating the emergency to eliminate terrorism, as well as the executive power must pass the emergency after the approval of the House of Representatives.
