The murder in Egypt criminal law and the death penalty. The act No 58 of 1937 talks about this kind of crimes in articles started from 230, this kind of illegal action got the attention of legislators around the world, as well as the Egyptian legislator, this is due to the importance of the right  is infringed ( The right of life).

According to the method of the Egyptian legislator, this crime can be classified into different types like:

• The premeditatedly murders.
• The premeditatedly murders with/ without ambush .
• The death by mistake.
• Each of wounds or beats someone on purpose or gives him harmful materials without meaning thereby to kill.
• The crime of attempted suicide/ kill.
• False testimony.

We will explain all these types in the following points:

Capital punishment shall be the penalty inflicted on whoever premeditatedly or Ambush murders another person.

And the legal meaning for premeditation is planning of all act beforehand that shows willful intent to commit a misdemeanor or felony act, of which the purpose is to harm a certain person or any undefined person he finds or comes across whether that purpose is conditional upon the incidence of some event or dependent upon a certain condition.

Also the legal meaning for ambush is lying in wait for a person in a place or many places for a long or short period of time, to be able to kill that person, or harm him/her by beating and so forth.

But the premeditation or ambush not the reason for punishment but for increases the punishment, for that whoever kills a person deliberately without premeditation shall be punished with rigorous imprisonment. However, the perpetrator of this felony shall be sentenced to death, if preceded, accompanied with, or followed by another felony. Yet, if the intent thereof is to prepare for committing or facilitating a misdemeanor, or committing it in effect, or assisting its perpetrators or their accomplices to escape or get rid of the penalty, the ruling shall be sentencing to death, or permanent hard labor.

Capital punishment shall be the penalty if the crime is committed in execution of a terrorist purpose.

Contribute to crime

Accomplices in a murder crime that necessitates sentencing the perpetrator to death, shall be punished with Rigorous imprisonment.

Without meaning thereby to kill:

Whoever wounds or beats someone on purpose or gives him harmful materials without meaning Thereby to kill, but doing that has led to death, shall be punished with hard labor or imprisonment for a period of three to seven years. However, if doing that is preceded with premeditation or ambush, the penalty shall be hard labor or imprisonment. The punishment shall be temporary hard labor or imprisonment, if the crime is committed in execution of a terrorist purpose. If it is preceded with malice or premeditation, the penalty shall be rigorous imprisonment.

Attempt

Attempt is beginning to carry out a deed with the intent of committing a felony or misdemeanor if the effect of such deed is stalled or failed for reasons beyond the will of the doer. The mere resolution or preparatives to commit shall not be considered an attempted felony or misdemeanor.

An attempted felony shall be liable to the following penalties unless otherwise prescribed by the law:

– Permanent hard labor, if capital punishment is the penalty for the felony.

– Temporary hard labor, if permanent hard labor is the penalty for the felony.

– Temporary hard labor for a period not exceeding half the ceiling, legally prescribed, or imprisonment, if temporary hard labor is the penalty for the felony.

– Imprisonment for a period not exceeding half the ceiling legally prescribed, or detention, if the temporary hard labor is the penalty for the felony.

– Imprisonment for a period not exceeding half the ceiling legally prescribed, or detention, if imprisonment is the penalty tier the felony.

The felonies whereof the attempt is liable to punishment and also the penalty for that attempt shall be legally defined.

False testimony

Whoever gives a false testimony in favor of, or against, a convict in a felony, shall be punished with detention. However, if such testimony results in a court ruling pronounced against the convict, the person giving the false testimony shall be punished with temporary hard labor or imprisonment. But, if the convict is sentenced to death and the judgement is executed, the person giving the false testimony shall also be sentenced to death.

No penalty (Permissibility)

No penalty at all shall be inflicted on whoever kills another or beats or injures him/her with wounds in using the lawful self-defense or legitimately defending his/her property and fluids, or another person’s life or property and funds. But with condition that :-

The right of lawful self-defense shall not allow premeditated killing unless it is meant to ward off one of the matters:

First: An act feared to cause death or deep wounds, if such fear is based on plausible reasons.

Second: Lying with a woman or assaulting a person indecently by force.

Third: Kidnapping a person.

The lawful right of defending the property and funds shall not allow premeditated killing unless it is meant to ward off one of the following matters:

First: An act of those indicated in part 2 of this Book;

Second: A theft of those counted within the felonies;

Third: Entering at night into a tenanted house or one of its appurtenances;

Fourth: An act feared to cause death or deep wounds, if such fear is based on plausible reasons.

Reduction of sentence

Whoever surprises his wife in the act of adultery and kills her on the spot together with her adulterer-partner shall be punished with detention instead of the penalties prescribed.