The police become involved if called by the victim or any third party.
Any party to the case can seek legal support from a law firm at any stage.
Any form of evidence or circumstantial evidence can be used. However, if there are official medical reports (from a governmental hospital) and/or video recordings or records of messages or communications and the like, these assist in establishing a stronger case. Witnesses can be relied upon as well.
In theory, yes. In practice, it is rarely enforced.
Pursuant to the Egyptian Penal Law No. 58, a witness who gives false testimony in favor of or against a convict in a felony will be punished with detention. Nevertheless, a witness's duty is to testify honestly and completely before the judge.
Pursuant to the Penal Code, a witness may abstain from testifying against the defendant in case the witness is a relative from the second degree (e.g., parents, children, siblings, grandparents and grandchildren). However, if the witness is also the victim of domestic violence or one of the witnesses' relatives, or if they are the one who reported the case and there is no other evidence, then the witness cannot abstain.
Egyptian law does not specifically address the situation where there is domestic violence on witnesses who are children. However, the Penal Code states that whoever compels a witness not to give their testimony or whoever gives false testimony will be punished with the same penalty as that of the witness of false testimony.
A child can be called upon to testify; however, a child who has reached 14 years old should take an oath. If they refuse, the court should only take their testimony as guidance. In all cases, a child who has not reached 7 years old should not testify before the court.
This can be an aggravating factor in the sentencing phase.
Article 236 of the Penal Code provides that whoever wounds or beats someone on purpose or gives them harmful materials without the intention to kill but it has led to death will be punished with hard labor or imprisonment for a period of three to seven years. However, if doing that is preceded with premeditation or ambush, the penalty will be hard labor or imprisonment. The punishment will be temporary hard labor or imprisonment if the crime is committed in the execution of a terrorist purpose. If it is preceded with malice or premeditation, the penalty will be permanent or temporary hard labor.
Paragraph (a) of Article 240 of the Penal Code provides that whoever causes a wound or a beating to another person that results in the cutting or separating of a member that loses its utility, blinding them, losing one of their eyes or causing them permanent irremediable incapacity will be punished with imprisonment for a period of three to five years. However, if the beating or the wound thus caused was preceded with malice, lying in wait or ambush, the punishment will be hard labor for a period of three to 10 years.
Paragraphs (a) and (b) of Article 241 of the Penal Code provide that whoever causes a wound or a beating to another that results in sickness or disability in performing personal works for a period exceeding 20 days will be punished with detention for a period not exceeding two years or a fine of not less than EGP 20 and not exceeding EGP 300. However, if the beating or wound was preceded with malice or premeditation, or was caused by using any arms, canes, machines or other tools, the penalty will be detention.
Article 242 of the law provides that if the beating or the wound does not reach the degree of gravity prescribed in the two previous articles, the perpetrator will be punished with detention for a period not exceeding one year or a fine of not less than EGP 10 and not exceeding EGP 200. If it occurs with preceding malice or premeditation, the penalty will be detention for a period not exceeding two years or a fine of not less than EGP 10 and not exceeding EGP 300. If the beating or wound occurs by using any arms, canes, machines or other tools, the penalty will be detention.
Articles 260-262 of the Penal Code provide that whoever willfully causes an abortion of a pregnant woman by beating and by other similar types of injury will be punished with temporary hard labor. In addition, if anyone causes the miscarriage of a pregnant woman by giving her medicines or using methods leading to abortion, or by indicating them to her, whether with or without her consent, will be punished with detention. If a woman accepts the use of the medicines although knowing about them, or agrees to use the aforementioned methods, or enables another to use these methods for her and as a result miscarriage occurs, she will be punished with the aforementioned penalties.
Article 267 of the Penal Code provides that whoever has sexual intercourse with a woman without her consent will be punished with permanent or temporary hard labor. In the event the felony is committed by the victim's ancestors, or those in charge of rearing, observing or having power over her, or who is a paid servant to her or to the aforementioned persons will be punished with permanent hard labor.
Article 268 of the law provides that whoever indecently assaults a person by force or by threat, or whoever attempts such assault, will be punished with hard labor for three to seven years. If the victim of the crime has not attained 16 complete years of age or the perpetrator of the crime is among those prescribed in the second clause of Article 267, the period of the penalty may be extended to the ceiling determined for temporary hard labor. If these two conditions are combined, the ruling will be a sentence of permanent hard labor.
Article 269 of the Penal Code provides that whoever indecently assaults a person that has not yet attained 18 complete years of age without force or without threat will be punished with detention. If they have not attained 7 complete years of age or the person committing the crime is one of those specified in the second clause of Article 267, the penalty will be temporary hard labor.
Article 283 of the Penal Code provides that whoever kidnaps or hides a newborn child, or replaces them with another, or ascribes them falsely to someone other than their mother will be punished with detention.
Article 285 of the Penal Code provides that whoever exposes to danger a child that has not reached 7 complete years of age and leaves him/her or impels another to leave him/her in a place unoccupied by human beings will be punished with detention for a period not exceeding two years. Further, Article 286 of the law provides that if exposing a child to danger and leaving him/her in an unoccupied place, as mentioned in the previous article, results in separating any of the child's members or in losing utility, the perpetrator will be punished with the penalties prescribed for a deliberately caused wound. If it results in the death of the child, the inflicted punishment will be that determined for willful murder. Meanwhile, Article 287 of the law provides that in the event the child is left in a place occupied with people, whether he/she does that personally or does that through others, will be punished with detention for a period not exceeding six months or a fine not exceeding EGP 200.
Article 289 of the Penal Code provides that whoever personally or through others kidnaps a child that has not reached 16 complete years of age without force and without cunning will be punished with imprisonment for a period of three to 10 years. If the kidnapped child is female, the punishment will be temporary hard labor.
Meanwhile, Article 290 of the law provides that whoever personally or through others kidnaps a woman cunningly or forcibly will be punished with permanent hard labor. However, if the perpetration of this felony is accompanied with the felony of having sexual intercourse with the kidnapped woman without her consent, the perpetrator will be punished with a death sentence.
Article 291 of the Penal Code provides that it is prohibited to violate the right of a child to protection from trafficking or from sexual, commercial or economic exploitation, or from being used in research and scientific experiments. The child will have the right to awareness and to be empowered to address those risks. To this end and without prejudice to any stronger penalty prescribed by another law, anyone who buys or sells a child, or offers a child for sale, or anyone who delivers or accepts or transfers a child as a slave, or exploits the child sexually or commercially, or exploits the child in forced labor, or other illegal purposes, even if the crime is committed transnationally, will be penalized with forced labor for a period not less than five years and a fine of not less than EGP 50,000 pounds and not exceeding EGP (200,000). Anyone who engages or induces in the aforementioned acts in the preceding paragraph will also be subject to the same penalties even if the crime was not committed because of the said acts. The said law further states that without prejudice to the provisions of Article 116-bis of the Child Law, the penalty will be doubled if committed transnationally by an organized criminal group. Taking into account the provisions of Article 116-bis of the Child Law, anyone who transfers from a child one of their organs or a part thereof will be punished by imprisonment. The child's consent or the consent of the person in charge of the child will not be recognized.
Article 306-bis(a) of the Penal Code provides that individuals who carry out sexual or obscene gestures in any manner, including by modern means of communication, will be punished with a term of imprisonment of not less than six months or a fine of EGP 3,000.
Paragraph (b) of the said article provides that if the act of sexual harassment is repeated by the same individual, the punishment of imprisonment will be increased to one year and the fine to EGP 5,000-10,000.
It depends on the nature of the order for protection and the degree of the violation. In all cases, this will be at the sole discretion of the court or public prosecutor, as the case may be.