Introduction
Temporary imprisonment (????? ?????????) is one of the most sensitive and controversial measures within the Egyptian criminal justice system. Intended as a precautionary tool to serve justice during investigations, it can nevertheless pose a serious infringement on individual freedoms. This article examines the regulatory framework governing temporary imprisonment in Egypt, its legal justifications, limitations, and recent discussions on reform.

The Legal Basis for Temporary Imprisonment

Temporary imprisonment is regulated under the Egyptian Code of Criminal Procedure, specifically in Articles 134 to 143. It allows judicial authorities to detain a suspect during the investigative phase when certain conditions are met. The primary purpose is not punitive, but preventive, ensuring the suspect does not flee, tamper with evidence, or threaten public order.

Conditions for Imposing Temporary Imprisonment

Temporary detention may be ordered under the following circumstances:

• When the offense is a felony or a misdemeanor punishable by imprisonment for more than one year.
• There is sufficient evidence to justify a strong suspicion of the accused’s involvement.
• The detention serves a legitimate purpose, such as preventing interference with the investigation or protecting the safety of the accused or others.

The decision must be made by the competent judicial authority and is subject to judicial review.

Duration and Extensions

Under Egyptian law, the initial period of temporary imprisonment is 15 days, which may be renewed by judicial order. The total permissible duration varies based on the nature of the crime:

• For misdemeanors: Up to 45 days in total.
• For felonies: Renewable for up to five months by the investigating judge, and up to 18 months (or even two years in cases punishable by life imprisonment or death) with approval from higher judicial authorities such as the Criminal Court or the Public Prosecution.

These durations, though intended as maximum limits, have sometimes raised concerns when applied without sufficient justification or oversight.

Judicial Oversight and the Right to Appeal

The suspect and their legal representative have the right to appeal against detention orders and seek conditional release. The Public Prosecution and courts are required to assess the necessity of continued imprisonment at every renewal stage, taking into account the proportionality and legitimacy of such restriction.

Challenges and Calls for Reform

While the law provides for safeguards, temporary imprisonment is often criticized for:

• Excessive use in non-violent cases
• Delays in case processing, leading to prolonged detention
• Insufficient justification in some court decisions to renew detention

Legal scholars and human rights advocates have called for stricter adherence to the principles of necessity, proportionality, and alternative measures, such as travel bans, to reduce reliance on imprisonment during the pre-trial stage.

Conclusion

Temporary imprisonment remains a necessary yet powerful tool in the administration of criminal justice. However, its application must strike a careful balance between safeguarding public interest and protecting personal liberty. Strict judicial scrutiny and timely reforms are essential to ensure that this measure is not misused, especially in a system where freedom remains a constitutional cornerstone.