|
|
The Egyptian government became aware of drug dangers by the end of the nineteenth century due to its harmful effects on public health, morals and human resources. Therefore, it started combating the said dangers through different means, including the legislative ones which graded the punishment until it reached its maximum – if necessary.
|
The first written statute on drug enforcement in the modern age was the order issued by the Commander of the French Occupation Forces on 8 October 1800, incriminating hashish consumption in Egypt. The order was canceled in 1801 after the departure of the French expedition.
|
| On 29 March 1879, a Sublime Order was issued prohibiting hashish cultivation and importation. |
On 28 May 1891, a Sublime Order incriminating hashish cultivation was issued whereby the fine imposed on violators, was doubled to L.E.100 per each feddan in case of recurrence. The punishment also included crops burning as well as confiscation of hashish and all the tools used in transporting or concealing narcotics.
|
On 14 January 1895, a Ministerial Decree was issued, to prohibit hashish provision and consumption in coffee shops, and increase the fine from 25 Piasters to 100 Piasters. On 19 May 1900, the Minister of Interior issued a decree increasing the fine to 200 Piasters, in addition to a week imprisonment and the closure of the shop for one month.
|
As for opium, its first prohibition legislation was issued in 1918, it was decided that cultivation should be prohibited as the country needed the "land cultivated with opium to be cultivated with grains" during First World War. The statute provided that this prohibition is to be cancelled after the need is met. On 16October 1920, the Minister of Agriculture issued a decree allowing opium cultivation once again for exportation purposes.
|
Then the first legislation concerning white drugs was issued on 8 May 1922. It provided for the prohibition of exportation or importation of Opium, Cocaine, Heroin and Hashish without a license issued by the competent administrative agency. On concluding Geneva International Convention on Narcotics on 19 Feb.1925, and according to its provisions, a Narcotics Law was issued on 21 March 1925. Article 31 of the said law provided for imprisonment penalty from one month to three months, and a fine ranging between L.E.10 and L.E.300 for narcotics importation. According to this law the possession of Opium was considered a misdemeanor, but its cultivation was not incriminated.
|
| On 21 May 1926, a law was issued preventing poppy opium cultivation in all Egyptian territories. |
In 1928, Law No.21 was issued to regulate drug trafficking and handling. It provided in Article 35 for an imprisonment with labor from one to five years and a fine ranging between L.E.200 to L.E.1000 against those who export or import narcotic drugs without license from the competent administrative agency.
|
The Law permitted the court to order the referral of the addict to a special hospital for a period not less than six months and not exceeding one year instead of issuing imprisonment sentence. The law was coping - at that time- with the latest legal systems applied worldwide that consider the addict a criminal of a particular kind ; a person in need for special treatment in order to be reintegrated into society.
|
On 25 December 1952, Law No. 351 was issued to regulate drug usage and trafficking. The law set a comprehensive regulation for drug trafficking while all previous legislations were cancelled. It re-categorized narcotic crimes as felonies and in Article 33, it made the punishment: life imprisonment with hard labor and a fine between L.E. 3000 and L.E.10000 for anyone who exports, imports , produces, extracts , separates, manufactures , acquires or possesses any narcotic substances, without license, or dealing in them for consumption or facilitates consumption in any case other than those authorized by law. Anyone who cultivates , exports , imports, possess, acquires, purchases, sells, delivers or transports any of the plants included in Schedule No. 5 annexed to the law or their seeds at any stage of their growth, with the intention of trading in any way other than those authorized by law receives the same punishment. In spite of the fact that the penalties were very severe, they did not realize the hop ed target.
Therefore, Law No. 182 of 1960 amended by Laws: No. 40 of 1966, No. 16 of 1973, No. 61 of 1977, and Law No. 122 of 1989, were respectively issued.
|
Article 33 of the law, as amended, provides that the punishment for anyone who exports or imports narcotic substances without obtaining a license from the competent administrative agency, shall be death penalty, a fine not less than L.E. 100,000 and not more than L.E.500, 000 as well as customs charges. Anyone who produces, extracts, separates or manufactures any narcotic substances with the intention of trading in them ; or anyone who cultivates , exports, imports, possesses, acquires, purchases, sells, delivers or transports any of the plants included in Schedule No. 5, or their seeds in any stage of their growth, with the intention of trading in any way whatsoever, in any case other than those authorized by law receives the same punishment.
|
| The same punishment applies to anyone who forms or runs – even abroad –a gang; the objectives of which include trading in narcotic substances or provision of drugs for personal use, or whoever engages in the running or organization of such a gang |
To ensure a better application of the law and to protect the officials responsible for its enforcement, it was decided to harden the punishment against those who use force or aggression against them. Article (4) provides that the penalty shall be imprisonment for mere aggression, temporary hard labor for injuries or permanent disability, and life imprisonment with hard labor if the mentioned act led to death.
|
The law provides also that criminal action shall not be taken against a person if he applies for treatment at the sanatoriums established for such purpose. All information given by him will be considered as confidential and their disclosure being punishable. It also exempts from punishment those who report a crime to the authorities or give information which leads to the arrest of other offenders.
|
| Items and means of transport confiscated are allocated for ANGA at the Ministry of Interior and Borders Guards at the Ministry of Defense. |
The most important criminal policies which the amendments of the law provided are as follows:
|
First Area:
|
| Incriminating acts: Law No. 182 of 1960, covered areas, such as, forming, administering or joining a gang – even abroad |
It hardened the punishment under several circumstances, including cases where a person pushes others to consume heroin or cocaine or exploits the minors in drug activities.
|
Second Area:
|
Hardening imprisonment penalties: for many types of drug crimes, keeping death penalty and raising the fine to L.E.100.000.
|
Third Area:
|
Providing a new criminal policy: availing care and treatment for consumers and addicts in order to encourage them to apply for treatment.
|
Fourth Area:
|
Establishing a National Council for Combating and Treating Drug Addiction.
|
Fifth Area:
|
Setting Narcotics Schedules.
|
Sixth Area:
|
Exempting those who report the cases to the authorities concerned from punishment, which lead to the arrest of the most wanted offenders.
|
| In addition, a study is currently prepared to make new amendments to the mentioned law. |