Proposed legislative amendment The economic courts have jurisdiction to hear criminal cases Arising from the crime of Article 113 bis) of the Penal Code

The proposal addresses a legislative amendment granting economic courts jurisdiction to hear criminal cases arising from the crime of Article (113 bis) of the Penal Code.

Since the legislative protection of public funds is supposed to place an impenetrable barrier to anyone who would dare to infringe on it in any way, the Egyptian legislator devoted Part Four of Book Two of the Penal Code to the crimes of embezzlement of public funds, aggression against it, and treachery, and then Article (113) was added to it. (bis) is punishable by the embezzlement of the funds of joint-stock companies, and the consequent withdrawal of the provisions and rules relating to public funds when applying this article.

Now, after more than sixty years have passed, it is seen that the continuation of this legislative situation has become a matter for consideration, especially since several legislative amendments have occurred to Law No. 159 of 1981 issued regarding joint-stock companies, limited partnerships by shares, limited liability companies, and one-person companies, the most important and particular of which is Amendments issued by Law No. (4) of 2018.

The proposal will address three axes, as we present in the first axis Article (113 bis) of the Penal Code between theory and application, and in the second axis the legal and practical justifications for the jurisdiction of economic courts to hear criminal cases arising from the crime of Article (113 bis) of the Penal Code, and in the third axis Formulating the proposed legislative amendment and its mechanisms, through one of two methods, the first of which is amending the Law of Joint Stock Companies, Partnerships Limited by Shares, Limited Liability Companies, and Single Person Companies Law No. 159 of 1981, and the second is amending Law No. 120 of 2008 promulgating the law establishing economic courts.