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ARTICLE · 07 MAY 2025

Article 368 In The Draft Procedural Law: 'Good Faith' A Legislative Farce

Andersen
Andersen
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In the realm of law, few things are more dangerous than vague provisions that open the floodgates of interpretation, casting rights into uncertainty.

EgyptLitigation, Mediation & Arbitration

In the realm of law, few things are more dangerous than vague provisions that open the floodgates of interpretation, casting rights into uncertainty. Among the worst afflictions of modern legislation in Egypt are those phrases that seek superficial approval, appearing elegant on the surface while concealing a fundamental assault on the rule of law. Prominent among these is the term "good faith" in Article 368 of the Draft Criminal Procedure Code, standing as a glaring example of legislative confusion and the absence of conceptual precision.

Article 368, which authorizes the freezing of the absentee convict's assets and nullifies their transactions, makes a feeble attempt to safeguard third parties with a hollow phrase: "The rights of third parties acting in good faith shall be observed." It is as though the legislator has thrown a legal grenade, leaving its fragments to be sorted out later by the judiciary—who gets harmed and who escapes! Are legal positions of

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