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Section Five: Judicial Bodies
Article 196: State Cases Authority
The State Cases Authority is an independent judicial body. It undertakes the legal
representation of the state in lawsuits and disputes to which the state is party. It may
propose settling of disputes at any stage of litigation in accordance with the law. It
also conducts technical supervision the cases undertaken by the departments of
legal affairs at the state’s administrative body. It authors the draft contracts referred
to it by administrative bodies and to which the state is party. The foregoing is
organized by law.
Its other competencies are defined by law. Its members have all of the securities,
rights and duties assigned to other members of the judiciary. Their disciplinary
accountability is organized by law.
Article 197: Administrative Prosecution
The Administrative Prosecution is an independent judicial body. It investigates
financial and administrative irregularities, and those referred to it. Regarding these
irregularities, it has the authorities vested in the administration body to inflict
disciplinary penalties. Challenging its decisions takes place before the competent
disciplinary court at the State Council. It also initiates and conducts proceedings and
disciplinary appeals before the State Council courts in accordance with the law. All
the foregoing is organized by law.
Other competencies are defined by law. Its members share securities, rights and
duties assigned to other members of the judiciary. Their disciplinary accountability is
organized by law.
Section Six: The Legal Profession
Article 198: Guarantees, prohibition against arrest
The legal profession is an independent profession. It participates with the judiciary in
achieving justice and the rule of law, and ensuring the right to defense. It is practiced
independently by lawyers, and lawyers of public sector and public business sector
agencies and companies. While undertaking the right of defense before courts, all
lawyers enjoy the guarantees and protection granted to them by law, which also
apply to them before investigation and trial authorities. Except in cases of flagrante
delicto, arresting or detaining lawyers while exercising their right of defense is
prohibited. The foregoing is organized by law.
Section Seven: Aides to the Judiciary
Article 199: Judicial experts, forensic medicine experts,
and members of the notary public
Judicial experts, forensic medicine experts, and notary publics undertake their work
independently. The law ensures the necessary guarantees and protection for them to
perform their work, as organized by law.
Egypt 2014
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