This document discusses establishing legislation to criminalize political corruption in Egypt. It notes that political corruption is a serious issue that undermines development and weakens the state. It aims to 1) define political corruption, 2) outline substantive provisions and procedural aspects, 3) address deficiencies in current legislation, 4) ensure fair criminal proceedings, and 5) harmonize with international conventions on corruption. It argues that political corruption can be reduced by establishing democratic institutions, oversight of officials, and a system based on political pluralism and fair elections. An effective strategy requires both preventative measures and criminal punishment.

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Criminal confrontation
For the crime of corrupting political life
Substantive provisions and procedural rules
Dr, moustafa saadawi
Crime of corrupting the political life as a general sense
in itself is a loose term and undisciplined meaning and lacks
precision and specificity required in the language of the
legislation , which does not legal architecture be raised except
on defining it , in addition to that it may include a much
meanings of relativity , what criminal laws must be subjected to
is an disciplined act so that accountability can be done so we
can not to say about who spoiled political life or threatened
national unity and the other in terms of conclusive constancy .
This expressions are elastic and not suitable for what we are
trying to criminalize it is hard to define the dimensions and the
legal framework of it and we take from this study a curriculum
for that .
The criminal accusation does not contradict organized
freedom , and may be not fair to separate it far away from the
values of right and justice rooted deeply in those initial rules
which the civilized nations adopted and committed to , and
accept it as a behavior for itself , even in the most serious
crimes and the worst bombings ,
This means that personal freedom should not be
sacrificed in the non- necessity , and that minute balances the
that commensurate with the center of the authority charged with
the accused humans shall not be violated , in particular those
relating to the right of the accused to be aware of the charge
against him , and conscious dimensions , connected evidences ,
and that represents his person when adjudicated , not accept the
evidence , but have them permissible by law , and do not overdo
in those legal means mandatory able to light from calling
witnesses , and set aside the statements of prosecution witnesses

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after confront , do not straighten their structure , but breaks
down interdependence.
Laws that charge for political corruption are the laws
associated with revolutionary authority may carry targets can be
refunded to the liquidation of political rivals. However, the
community also interested in the punishment of the accused and
retribution from him if found guilty in his care also be no longer
punish innocent , so it had to be if the organization of criminal
proceedings in state law taking into account the coordination
between the interests of the community in the preservation of
the crime and the reduction of exacerbations and between the
rights and freedoms of individuals . Once achieving this balance
can be argued that a conflict between the right of the state to
punish the accused's right of individual freedom has become a
conflict ostensibly expresses the two sides of the same coin ,
reckoning that the punishment of the offender is an affirmation
of individual freedom for the innocent person
The community is not in favor of it , but to identify the naked
truth , it is a non- punishment of the innocent , which requires
the prosecution of the case by the defendant in order to ensure
security and stability corroborate the accusation or annulment .
It remains the ultimate goal of the law is that the report of the
protection of the innocent as well as the condemnation of
assurance to protect the defendant 's conviction comes in
accordance with the procedures which are humiliating to his
humanity and human dignity .
On the other hand may be linked to the crime of
corrupting the political life of other crimes tougher and more
dangerous and the payoff for do harm to the interests of the
country's economic , social and health it may even lead to the
detriment of international political relations, which is what we
are trying hard to be addressed in this study organized to the
extreme seriousness . If profiting from seizing state land grab
and is a waste of public money ( and the facts are induced )
which can be accounted for corruption offenses Which is an act

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that would harm the interests of the country's economic and is
also a corruption politically and economically it can be
Accounted , criminalization in these cases is do clear and
disciplined and has a first and last . There are also crimes
punishable and can fit into political corruption such as
embezzlement , and has the Egyptian penal code Answer a text
in some of its articles about political corruption , though it did
not include a definition of corruption .
In the current circumstances, we need to pass legislation
that punishes the crime of corrupting political life, which is what
we are trying very hard in search of this that we are dealing
substantively and procedurally . Statement of evident , who can
be relied upon to be a personal stamp of this corruption ! And
ways to check if the person has not actually spoiled not just
morally is default or not? Does the presumption of corruption in
this case is conclusive presumption does not accept the evidence
of the reverse .
I have tried in this study stave off deficiencies which
affected the legislation as a criminal policy that those standards
of science , which aims to explore the realities of criminal
phenomenon to reach the best ways to combat begins on the
basement level of criminalization of hard- Qaeda criminal .
Shall discuss the extent of criminality to be matched by internal
legislator with the values and customs of the society . And the
need for this criminality in the scheduled period .
Where communities vary in the level of development ,
according to the social , moral and spiritual . As well as looking
at the criminal nature of the facts to determine which facts
should remain a criminal . And which should be permissible .
And you must be dying by the description criminality.
It is imperative that the study faced obstacles not impossible
shielding , and is reflected in the first obstacle is not
uncontroversial that the meaning of the verb agreement replaces
the offender is not in the doctrine and the elimination of

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comparators , but it is agreed that each crime requires actually
physical necessity in every crime .
There is no crime without physical activity . " The idea
of evil no matter how ingrained in the soul . Criminal and design
firm pioneers insist . Offense not doing them as long as the
survival of psychic phenomena just did not take the process to
the physical expression outside entity for its owner ." The
Criminal Code does not care intentions and ideas , even if the
owner intentionally committing a crime . Unless otherwise
expressed the behavior of the material
The essence of the matter is that the rules of the Penal Code has
two parts , the first of which relates to hard- commissioning, any
incision which determines Photo behavior prohibited acts . This
incision is governed by what is called the principle of legality of
criminal view that no crime or punishment except on the basis
of law . In other words it is not a crime what behavior unless
this behavior Asraha prohibited by law when committed . It is
not reactionary to the provisions of the Penal Code .
The objective of this rule is to achieve stability in the
relations Alajtmaih.ki not punished individuals for acts are
permissible moment to do just that legislation is considered a
crime in the wake of the fact, the fact that the goal of the Penal
Code is to protect the community so as to ensure the exercise of
citizens' rights and freedoms in a peaceful manner .
And a means Penal Code to that is to bring about a
balance between public interest and private interests by defining
the scope of criminalization and punishment quite clearly , and
if the text of the Constitution on the freedom or the right
appointees may not extend to them the hand of criminality by
the legislative authority , as that practice does not depend on age
legislation application of the principle of supremacy of the
Constitution .
It should be incriminating texts precise and clear and not
subject to interpretation because the ambiguity in the rules of

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criminalization and punishment may be a reason for stripping
this principle of constitutional value and a reason for
arbitrariness in provisions .
Consequently , the scientific integrity necessitated we starting to
rooting study after effort indicates and rooting for aspects of
substantive and procedural , and how it relates to other serious
crimes that could result in harm to the status of the country's
political , economic, social , and offers a modest contribution of
world experience which reach a successful in declaring war on
corruption has employed to see Academy to reduce it and walk
in the field of penal reform , which has become a necessity for
the inevitable , they may be useful in avoided the scourge of
overshadowed by this crime . Therefore, we have adopted a way
to take a comparative approach to scientifically study the matter
in order to get to the finish , and contains a lot of examples and
forms from various corners of the earth .
To eradicate political corruption flawless . It represents
the top of the pyramid between other types of corruption , but it
is the most dangerous pattern on the subject of corruption
because it can not be a complete separation between the patterns
of corruption to work interoperate in an adverse effect on the
society and the state . Moreover, the corruption has become a
problem , but the dilemma of highly complex , multi-faceted ,
overlapping causes and circumstances arise and justifications
and foundations and permanence considerable overlap , so
require face follow a comprehensive strategy integrated political
, administrative and community and preventive measures and
economic and legal punishment in the end.
There is no doubt that the crime of corrupting political
life , especially in non- democratic regimes or resemble form of
democracy , has become a serious harm , but nonetheless pass
without sufficient attention or motionless effectively. Corruption
political standing bulwark against development efforts and
weaken the state and limiting their effectiveness in the service of
the citizen , but it entails impede fair competition in the private

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sector , and threatens the stability and security in all its forms ,
and offends the principles and values of religious , ethical and
cultural underpinning our societies .
This was reflected political corruption on the economic
and social life , knowing that the crime of corruption are among
the figures in the black data and crime statistics or the so-called
" hidden crime " are even more crimes to escape criminal
statistics because of secrecy that surrounds them and the crimes
consequences. And has become a real threat to economic and
social development and all that was dangerous to the security of
society , and its political stability and social safety , the study
aims to achieve several goals of an integrated , namely:
1- define the concept of crime corrupting political life are
unknown in the law . Which is inconsistent with the principle of
legality of offenses and sanctions in the light of international
conventions and through the criminal system developed by the
Egyptian legislator and its relation to other in order to reach an
appropriate legislative framework
2- Statement of the substantive provisions and procedural
aspects of the crime and how it relates to other serious crimes
that could result in harm to the status of the country's political,
economic , social, and offers a modest contribution world
experiences reach a successful station in declaring war on
corruption, political employed to see the Academy to reduce it
and walk in the field of penal reform , which has become a
necessity inevitable , they may be useful in avoided the scourge
of overshadowed by this crime . To eradicate flawless political
corruption , it represents the top of the pyramid between other
types of corruption , but it is the most dangerous pattern on the
subject of corruption because it can not be a complete separation
between the patterns of corruption to work interoperate in an
adverse effect on the society and the state .
3- stave off deficiencies which affected the legislation through a
set of substantive rules and procedural reflect the implications
system integrated features envisages the foundations of the

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human dignity and the protection of fundamental rights , and
prevents accusation without abuse of power , including pay it
for its objectives , and to ensure that abide by the public
authority when embrace the mission boundaries and purposes ,
the maintenance of the social system , the purposes for the final
of the laws regulating the power , which must be used in order
to achieve special interests at the expense of the public interest ,
or that the rules that are practiced light clash of the concept of
the right have in order to achieve effective management of
Rights and Freedoms . Which may not be reduced or
compromised .
4- face the palaces legislative work on legislation and clear the
court to achieve a fair confrontation of crime check general
deterrence
5. achieve harmonization with the international conventions that
dealt with corruption , especially that of the Council of Arab
Ministers of Justice had issued a decree number ( 604) during
the session (21) dated 29/11/2005 states: " to emphasize the
importance of activating the United Nations Convention Against
Corruption , as mechanism is necessary to strengthen
international cooperation in the fight against corruption and
support national efforts in this area. "
Which came in the preamble on corruption : The States
Parties to this Convention, Concerned about the seriousness
posed by corruption problems and risks to the stability and
security of societies , undermining the institutions of democracy
and its values and ethical values and justice and jeopardizing
sustainable development and the rule of law at risk. Concerned
also about the links between corruption and other forms of
crime, in particular organized crime and economic crime ,
including money laundering
Concerned as well as cases of corruption that involve
vast quantities of assets , could represent a significant proportion
of the resources of the state , and that threaten the political
stability and sustainable development ; In the face of this

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growing threat in size and the dangers of the phenomenon of
corruption , has moved on the basis of United Nations General
Assembly Resolution 55/61 , dated December 4, 2000 , which
established an ad hoc committee to negotiate an effective
international legal instrument against corruption . After the
preparations continued throughout the year .2001 began
negotiations with the beginning of the year 2002, and continued
until October. 2003 where the Ad Hoc Committee submitted its
report containing the draft convention to the General Assembly
of the United Nations , for consideration and action . On
October 31, 2003 issued to General Assembly resolution 58/4 ,
which provides for the adoption of the United Nations
Convention against Corruption , and opened for signature in
Political Signing Conference high-level meeting in Merida ,
Mexico , from 9 to December 11, 2003 and entered into force on
14 / 12/2005 .
We can say that the phenomenon of corruption has
become a global phenomenon going on , and do not disagree
that all societies in East and West contain a certain amount of
corruption , and that what is of concern to those interested in is
the extent of corruption and the breadth of his constituency and
the complexity of its rings and thread mechanisms degree
unprecedented , what of Nations systems have collapsed or
fallen or revolutions , but the corruption was an actor in, and
history has not been proven to us the existence of a particular
culture can claim that her behavior would secure them against
the scourge of corruption , and therefore the image in various
corruption has become the hallmark of most systems
However, the levels vary by the differences in political
systems where that level is reduced in systems that assess
institutional controls between the three branches of the rule of (
the executive branch , the legislative branch , and the judicial
system ) , and effective mechanisms to prevent and detect this
illegal behavior and punishment , while rising levels when
diluted institutional mechanisms to combat corruption or they do

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not use , via away to the point where it becomes acceptable and
permitted.
It depends on the political participation of community
members through their use of their political rights. Which means
" post large numbers of individuals and groups in political life ."
And assume the participation of individuals to influence the
decision-making , the relationship normal between the state and
society should involve a great deal of political participation of
citizens and their organizations in decision-making , and the
more regular participation of community members in public
affairs whenever it is evidence of the fact that the State reflect
honest about the orientations of the community and aspirations .
The study showed , that the criminal behavior that results
in a corrupt political life characterized by two capacities major :
the absence of mechanisms for effective monitoring and
application of the law , and giving priority to personal interests
to the public interest , has resulted in this kind of negative
behavior to two conclusions , each represent an obstacle in the
way of the shift towards the face of corrupting political life .
The first is the erosion of political rights for members of
the community , in seeking to achieve their personal interests or
narrow partisanship at the expense of the public interest .
The second result : a relationship to the former , they include a
shrug progressive individuals for their political interest , so that
the absence of the principle of peaceful transfer of power
resulting from the use of their political rights of individuals to
lose her credibility in the eyes of people . All of this resulted
from the absence of an abstract application of the law , and take
the power to the decision of the privileges and way of impunity ,
which is what leads to instability , and undermine the pillars of
the community.
On the other hand if the legal rules governing the lives of
the general rules of objective and publicly , and whether
government decisions rationally in terms of its options , and

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Mrtkzadtha , and justifications , and motives , and consistent
with these rules , as well as the subordination of the officials in
their respective field of work at the level of the legislative,
executive and judicial oversight preventive and subsequent
accountability without immunity poisoning , the wheel of
development steams ahead and shrink the image in various
corruption cases ,
This would require the establishment of a political
system based on the principle of political pluralism based on the
general election, public and fair , which ensures active
participation in the exercise of power , and based this system on
the separation of powers between the three , and that includes
respect for the exercise of citizens' civil and political rights , and
the criminalization of assault happening on this rights , system
of governance , which is absent in which participation,
transparency and accountability is more domains fertility to the
spread of corruption , and poor governance is that leads to the
corruption of individuals , in these systems is absent principles
and conditions that must be available in the management of the
state and the political environment , society and public life , and
the actors in them.
In today's society there is no human being has no rights ,
and the law when entitles really for someone , it gives him
sufficient authority and legitimate Etienne right , it is not
reasonable that the law recognizes really then is prohibited to
engage in acts that required the use of this right unless there is
need for a general call for the ban within the limits information,
and therefore must criminalize assault on these rights otherwise
littered with the rules of law and deprive the right of its value ,
and this is the bug count right cause of permissibility , as it must
be to achieve consistency between the rules of law , and requires
that if the acts that are used by the right to illegally originally , it
becomes permissible when it is widely used .
The corruption and covered from deprived segments of
society from the process of political participation and the

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marginalization of their role in the decision-making process one
of the most important tributaries that manufactures and fed
many of the problems experienced by the community , which
invited some jurisprudence to the link between crime and
political corruption -winning political life and the output from
the power control which will lead to the occurrence of injustice
between , and absolute tyranny , and that the reduction of power
to achieve effective prevention of political crime . And financial
corruption among politicians in democratic countries at least a
major pest been behind many of the images of political
corruption and then political crime .
It remains one of the causes interference criminal law to
impose criminal protection of the rights policy and to achieve an
actual confrontation for the crime of corrupting political life ,
that corruption is destroying the communities where it is
prevalent , and the increasing crises and fluctuations in the
economies of the countries and the increase in poverty, but
Corruption was one of the causes of direct , Eliminating petty
corruption unavailing with the survival of large-scale corruption
, reform requires the elimination of both, as if the issue is not
calling for the elimination of corruption without laying the
foundations , which paves actually eliminate it , do not call for
the need to eliminate corruption in the state without putting
ways to initially to prevent it , survival of corruption and
expansion means the occurrence of society in poverty and
exposure to disorders that never stops him and only allocate
debris .
Corruption is not human nature , it is a learned behavior ,
it may be causes things descend under configuration
psychological preached self love and exaggeration in the
satisfaction of the instincts , such as the struggle for survival and
control , with weakness in the legal system to ensure that
prevention and deterrence appropriate for him , and as long as
there are communities and patterns the human figures are
different, will continue to corrupt a manifestation of human life ,
but this does not mean that we stand helpless without thinking

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of solutions to enable us to cope with this phenomenon , and the
reduction of treading its negative impact and exit with minimal
losses possible , so as not to become a Category oppressive to
the body is above the law and above the Constitution does not
allow even criticizing her
There is no doubt in saying to confirm the close
relationship between the Constitution and criminal law , which
went with some jurisprudence to say that prevails relationship
between the Constitution and criminal law in terms of the
application of the principle of synergy , this means that the
application of one of them may be required refer to the other,
The Constitution recognizes the rights or freedoms in general,
and the system judgment , and empty them in the form of a
theoretical principle is not enough in itself to ensure accurate
application to him , or to impose respect to public authorities
and individuals , enters the criminal law in order to put the
attack on the right of this box , which guarantees respect
And towards the protection of criminal political life ....
The search is divided into two main sections , preceded door
preliminary , Nat Bolhma memorization role of criminal law in
the protection of criminal political life , considering that the law
invoked by the legislature to impose forcibly commitment to his
orders and finish when prohibitions , an approach in this
approach stewardship memorize the relationship between
power, corruption, tyranny winning political life , as well as the
role of criminal law in the face of the corruption of political life
, and the problems encountered, and how Islamic law and faced
corruption and ensured the stability of political life . And
specialize second section addressing the substantive provisions
and procedural rules for the crime.
The search resulted in the subject of the existence of
some of the flaws and shortcomings in the legislation that is
bound for the crime of corrupting political life, whether it's in an
apartment substantive or procedural, which requires some

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intervention of the legislature to amend the law corrupting
political life as well as the laws governing political rights .