Terrorism and Terrorist Crime in Egyptian Legislation
Terrorism
Terrorism and Terrorist Crime in Egyptian Legislation##
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Article (86) of the Penal Code provides that: Terrorism means "any use of force, violence, threat or intimidation to which the offender resorts in execution of an individual or collective criminal scheme" with the aim of disturbing public order or endangering the safety and security of society, where this is liable to harm persons or spread terror among them, or endanger their lives, freedoms or security, or cause damage to the environment, communications, transport, funds, buildings, or public or private property, or occupy or seize them, or prevent or obstruct the public authorities, places of worship or educational institutions from carrying out their work, or obstruct the application of the Constitution, laws or regulations.
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Thus, the aim of a terrorist crime consists in: disturbing public order or endangering the safety and security of society; here, the concept of public order encompasses the safety and security of society. In this way, the legislator has linked the definition of terrorism to spreading a state of general terror or intimidating society as a whole or a segment of it.
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The Anti-Terrorism Law No. 94 of 2015 then came to define the terrorist crime and the terrorist act.
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Article (1) thereof provides that a terrorist crime is: every crime set out in this Law, as well as every felony or misdemeanor committed using one of the means of terrorism, or with the intent of achieving or carrying out a terrorist purpose, or with the intent of calling for the commission of, or threatening to commit, any of the foregoing crimes, without prejudice to the provisions of the Penal Code.
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Article (2) thereof defined what is meant by a terrorist act: as any use of force, violence, threat or intimidation, at home or abroad, for the purpose of disturbing public order or endangering the safety, interests or security of society, or harming individuals or spreading terror among them, or endangering their lives, freedoms, public or private rights, or security, or other freedoms and rights guaranteed by the Constitution and the law, or harming national unity, social peace or national security, or causing damage to the environment, natural resources, antiquities, funds, buildings, or public or private property, or occupying or seizing them, or preventing or obstructing the public authorities, judicial bodies or authorities, government departments, local units, places of worship, hospitals, educational establishments and institutions, diplomatic and consular missions, or regional and international organizations and bodies in Egypt from carrying out their work or exercising all or some of their activities, or resisting them, or obstructing the application of any of the provisions of the Constitution, laws or regulations; as well as any conduct committed with the intent of achieving one of the purposes set out in the first paragraph of this Article, or preparing for or inciting it, if it is liable to harm communications, information systems, financial or banking systems, the national economy, energy reserves, or the security stock of goods, foodstuffs and water, or their safety, or medical services in disasters and crises.