《刑法》第 30 条规定,对重罪或轻罪所致扣押物,予以没收,包括任何实施犯罪或意图用于犯罪的武器或工具。在可能涉及洗钱、非法所得和贪污公款的案件中,可冻结、扣押和/或没收与 犯罪所得等值的财产或由犯罪所得转变的任何财产。 但法律并未就(公共或私营部门的)腐败犯罪、影响力交易或侵吞私人资金 作出规定。 除洗钱罪外,埃及法律并未规定冻结、扣押或没收《公约》所确立罪行的犯 罪所得收入或产生的其他利益的可能性。 《刑事诉讼法》赋予司法警官广泛权力,使其能够对案件和犯罪者展开深入 调查并收集所需证据。根据第 208 条之二 A 款,经检察总长办公厅要求,主 管刑事法院可命令对被告财产采取临时措施,以防被告处置或管理所涉财产。上述条款适用包括腐败罪在内的若干罪行。在必要和紧急情况下,检察 总长可临时命令采取此类措施。《反洗钱法》第 5 条规定,反洗钱和资助恐怖主义股可调查和审查收到的所 有关于涉嫌上游犯罪或涉嫌洗钱或资助恐怖主义行为的通知和信息,并可要 求检察总长办公厅采取临时措施。 埃及设有截留资金管理机制,其主要依据是《民法》的授权规定。1999 年, 检察总长下令成立截留资金总署,此外埃及还设有非法所得部截留资金组以 及财政部没收资金管理局。
Article 30 of the Penal Code provides for the confiscation of seized items derived from felonies or misdemeanours, including any seized weapons or equipment that were used in the crime or that were intended to be used. Property equivalent in value to the criminal proceeds, or any property into which those proceeds were transformed, may be frozen, seized and/or confiscated in possible cases of money-laundering or illicit gains and in crimes involving the embezzlement of public funds. This is not provided for, however, in crimes of corruption (in either the public or the private sector), nor in cases of trading in influence or embezzlement of private funds. The Egyptian legislature has not provided for the possibility of freezing, seizing or confiscating income or other benefits derived from the criminal proceeds of any of the offences established in accordance with the Convention, except for the crime of money-laundering. The Code of Criminal Procedure grants broad powers to judicial police officers so that they may conduct inquiries into crimes and their perpetrators and collect the evidence required to investigate each case. Under article 208 bis A, the competent criminal court, at the request of the Prosecutor General's Office, may order interim measures to be taken with regard to the accused’s property in order to prevent the accused from disposing of or managing that property. This is applicable to a number of crimes, including crimes of corruption. The Prosecutor General may, where necessary and in urgent cases, temporarily order such measures to be taken. Under article 5 of the Anti-Money-Laundering Act, the Unit for Combating MoneyLaundering and the Financing of Terrorism may investigate and examine all notifications and information received in connection with activities suspected of being predicate offences or of involving money-laundering or the financing of terrorism, and it may request that the Prosecutor General's Office take provisional measures. Egypt has a mechanism for the management of withheld funds, which is based primarily on the provisions of the mandate set out in the Civil Code. A General Department of Withheld Funds was created in 1999 on the order of the Prosecutor General, in addition to the Unit for Withheld Funds in the Department of Illicit Gains and the Department of Confiscated Funds in the Ministry of Finance.