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