قرار رقم (278) لسنة 1994 بشأن تحديد السلطة المختصة بالمحكمة الموجزة والعقوبات التي تملك توقيعها والإجراءات والضوابط المنظمة لذلك

The General People's Committee for Justice and Public Security

Decree No. (278) of 1423 FBP

on Identifying the Authority Concerned with Conducting Summary Trials, the Penalties

It May Inflict, and the Regulating Procedures and Controls thereof

The General People's Committee for Justice and Public Security,
Upon review of:

• Law No. (10) of 1992 AD on the Security

and Police, as amended; and

• The minutes of the first meeting of the General People's Committee for Justice and Public Security in

1423 FBP,

has decreed the following:

Article (1)

The schedule enclosed herewith shall be applied in identifying the authority concerned with conducting summary trials and the penalties it may inflict.

Article (2)

Subject to Articles (76) and (79) of Law No. (10) of 1992 AD referenced above, a member of the Police who commits any act of those stipulated in Article (64) of the aforementioned Law shall be tried by his immediate superior officer, in his capacity as one of those having the authority to conduct summary trials.

Article (3)

If the immediate superior concerned with conducting the summary trial finds that the act committed by the member of the Police reporting thereto requires a more severe penalty than those falling within the authority thereof as per the aforementioned schedule, the superior officer shall refer the accused and case documents to the competent superior authority, together with his opinion about the matter.

Article (4)

The summary trial shall be based on the indictment prepared for this purpose, wherein the investigation proceedings, the defense of the accused and the statements of witnesses shall be recorded. Otherwise, such details shall be recorded in an independent investigation report.

Article (5)

The accused shall attend the summary trial under guard. The guards shall notify of the accused’s appearance. During the trial, the accused and the guards shall remain in stand-by position. The prosecuting officer, accused and guards shall wear the formal uniform, in the entities requiring that. However, the accused shall remove his head cover and duty belt.

Article (6)

The summary trial shall start by a question addressed to the accused by the prosecuting officer about the accusations attributed thereto. If the accused confesses, his confession may be taken as the basis for trial and adjudication. In case of denial, witnesses shall be heard.

Article (7)

A member of the Police may not be tried for the same act more than once, and no more than one penalty may be imposed thereto for a single act. The decision inflicting penalty shall be duly justified and signed by the prosecuting officer.

Article (8)

In summary trials, interrogation and investigation with the accused may be carried out orally, in the presence of the accused. However, the accused may be tried in absentia, after being notified twice by the prosecuting officer, provided that the dates and methods of notification are recorded in the designated field in the indictment.

Article (9)

The General Directorate for Financial and Administrative Affairs shall be notified of the outcome of the summary trial, and copies thereof shall be sent to be kept in the accused's personal file and sub-file.

Article (10)

This Decree shall enter into force as of the date of its issuance and shall be implemented by the competent bodies and published in the official gazette.

The General People's Committee for Justice

and Public Security

Issued on: 15 Dhul Hijjah 1402 FDP

Corresponding to: 26/05/1423 FBP