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2007 Assessment

Egypt: Integrity Indicators Scorecard

Egypt: Integrity Scorecard Report > Sub-Category: Anti-Corruption Law
Indicators		Score
70	Is there legislation criminalizing corruption?	78

Indicator and sub-Indicator Details

Is there legislation criminalizing corruption?

70a: In law, attempted corruption is illegal.

Score:

YES

Comments: In law attempted corruption is illegal, very much like bribery, blackmailing, money laundering and favoritism. These are all violations of relevant laws. Law criminalizes all these acts and defines a specific penalty for each of them. Although there is no specific law in the Egyptian legislation for corruption by name, there are tens of other laws that criminalize and fight corruption.

References: Nahdit Masr newspaper Corruption Is The Real Cause of Deterioration the weekly issue, Jan. 26-27, 2006

70b: In law, extortion is illegal.

Score:

YES

Comments: Penalty or criminal law does not consider extortion a crime or offense that entails penalty.

References: Penalty law no. 58/1937, second book on the crimes and offenses damaging general welfare.

70c: In law, offering a bribe (i.e. active corruption) is illegal.

Score:

YES

Comments: In law, offering a bribe (i.e. active corruption) is illegal. Knowing the dangers of this crime, the Egyptian lawmakers devoted the third chapter of the second book of the penalty law for this crime (article 103-111). Article 107 defines penalties for bribes givers, takers (civil servants) and mediators, when all sides of the crime are complete. But this same article does not impose penalties on the giver and the mediator if they confess, in order to encourage them uncover the crime.

References: Penalty law no. 58/1937, second book on the crimes and offenses damaging general welfare (articles 103-111).

70d: In law, receiving a bribe (i.e. passive corruption) is illegal.

Score:

YES

Comments: In law, offering a bribe (i.e. active corruption) is illegal. Knowing the dangers of this crime, the Egyptian lawmaker devoted the third chapter of the second book of the penalty law for this crime (article 103-111). Article 107 defines penalties for bribes givers, takers (civil servants) and mediators, when all sides of the crime are complete. But while the same article states that the giver and the mediator may be exempted if they confess the crime and help uncover the crime, it insists on imposing a penalty on the individuals receiving bribes.

References: Penalty law no. 58/1937, second book on the crimes and offenses damaging general welfare (articles 103-111).

70e: In law, bribing a foreign official is illegal.

Score:

YES

Comments: Article 111 defines the individuals for whom bribery crimes apply as (1) civil servants in government agencies or agencies under supervision, (2) local and national legislators, (3) arbiters, experts, members of prosecution, judges, judicial dissolvers, (4) members of boards of directors of public agencies, etc. Foreign officials are not included.

References: Penalty law no. 58/1937, article 111 of the third chapter on bribery

70f: In law, using public resources for private gain is illegal.

Score:

YES

Comments: Egyptian law extends public resources beyond state-owned resources to all resources cited in article 110 of the penalties law, such as syndicates, unions and economic companies, associations and units. Using all these resources in addition to the public resources for private gain is illegal, according to article 112 of the penalty law.

References: Penalty law no. 58/1937, article 112 of the third chapter on bribery

70g: In law, using confidential state information for private gain is illegal.

Score:

YES

Comments: Article 77 (clause 7) of the civil servants' law prevents employees from giving confidential information about their jobs to anyone or through any media. Clause 8 of the same article prohibits disclosing confidential information even after leaving employment. Clause 9 also prevents civil servants from keeping any official papers for themselves.

References: Magdy Al-Gallad, a paper delivered to the liberal forum in Cairo, Sept. 18, 2006.

70h: In law, money laundering is illegal.

Score:

YES

Comments: Law no. 80/ 2002 prohibits money laundering. Article 20 of this law defines the different aspects of money laundering crimes. Article 5 gives the employees of the money laundering fighting unit in the Central Bank of Egypt the status of judiciary arrest officers. Articles 14 and 15 impose penalties on those who committed or just began committing money laundering crimes: seven years in prison and a fine that equals the arrested money, as well as seizing the arrested money.

References: Law no. 80/2002 concerning money laundering, the official newspaper, issue, 20, May 22, 2002.

70i: In law, conspiracy to commit a crime (i.e. organized crime) is illegal.

Score:

YES

Comments: In law, conspiracy to commit a crime (i.e. organized crime) is illegal. Article 48 of the penalty law punishes all parties of a criminal agreement with prison.

References: Ihab Salam, The Unconstitutionality of The Criminal Law, The Human Rights Association for Assisting Prisoners Cairo, 2001.