Asset freezing in the draft Criminal Procedures Law

 

 

Asset freezing in the draft Criminal Procedures Law

 

Introduction

The precautionary measures taken against the defendant inherently infringe upon his fundamental rights and freedoms, constituting a clear and blatant violation of a well-established legal principle enshrined in all Egyptian constitutions, relevant international conventions, and both international and national criminal jurisprudence—namely, the presumption of innocence. In addition to infringing on the other rights and freedoms of the defendant, these measures are intended to achieve key objectives during the investigation phase, such as safeguarding evidence, preventing witness tampering, uncovering the truth, and, in some cases, protecting the defendant himself.

Therefore, it is essential to strike a balance, using precise standards, between the personal rights and freedoms of the defendant and the interests of society. Strict rules must be established for each precautionary measure prescribed by law to ensure that one interest does not unjustly outweigh the other.

 

This research focuses on “freezing the defendant’s assets” as a precautionary measure which is authorized and regulated by several laws, including the Anti-Terrorism Law, the Drugs Law, the Anti-Human Trafficking Law, the Criminal Procedures Law, and others.

 

  *To read the full legal paper*