In a legislative move that shakes the foundations of
fair trial principles, Article 368 of Egypt's Draft Criminal
Procedure Law imposes harsh restrictions on absent defendants
upon the issuance of a mere in-absentia conviction in a felony,
without awaiting a final, binding judgment, and without
distinguishing the nature or severity of the crime. This provision
does not stop at barring the defendant from managing or disposing
of their assets; it goes further by completely stripping them of
their legal capacity to file lawsuits, thereby opening the door to
serious constitutional and legal violations.
Presumption of Innocence... A Hollow Principle?
Article 368 effectively nullifies the principle of presumption
of innocence, treating the absent defendant as if definitively
convicted. Instead of recognizing that an in-absentia conviction in
felony cases is automatically nullified upon the defendant's
appearance or arrest, the law rushes to cripple their civil rights
and
