Written by Mahmoud Abdel Radi – Ahmed Hosni
Saturday, May 20, 2023 09:00 AM
In the manner of Raya and Sakina, Nashala resorted to stealing jewelry in Cairo, by infiltrating goldsmiths’ shops and stealing jewelry in a negligent manner, without the shop owners noticing, and her escape with quantities of jewelry, until the police pursued her and succeeded in seizing them, admitting that she had committed the incidents, taking advantage of the shopkeepers’ preoccupation with customers others.
And the Cairo Security Directorate succeeded in apprehending one of the women in Al-Waily, who was in possession of a number of gold jewelry of “unknown source”, and admitted that she had engaged in a criminal activity that specialized in theft from inside gold jewelry stores using the “negligence” method. In bad faith, the owner of a gold jewelry store in the Nasr City Police Department has a third criminal information, he was seized and in possession of all the stolen items.
Article 318 of the Penal Code punishes whoever commits theft with a term not exceeding two years for thefts that were not accompanied by an aggravating circumstance.
It is also punishable by imprisonment with hard labor for 3 years for thefts in which one of the aggravating circumstances stipulated in Article 317 is present. In the event of return, the penalty may be intensified and the accused placed under police supervision for a period of at least one year or two years at most, which is a complementary penalty stipulated in Article 320 Penalties. .
A sentence of imprisonment for theft or attempted crimes shall be subject to immediate enforcement, even if it is appealed.
Mitigating circumstances for theft
Article 319 Penalties stipulates that the imprisonment penalty stipulated in Articles 317 and 318 may be replaced by a fine not exceeding two Egyptian pounds if the stolen crops or other crops were not separated from the land, and their value did not exceed twenty-five Egyptian piasters.
Article 319 of the Penal Code also applies if the act was originally a misdemeanor, i.e. the ordinary theft to which the text of Article 317 or the text of Article 318 of this law applies, or if the act was a felony, the mitigating circumstance cannot apply to it.
Article 312 also stipulates penalties that it is not permissible to prosecute anyone who commits theft to the detriment of his wife, ancestors, or descendants, except at the request of the victim, and the victim may waive his claim for that, in whatever case the case is, and he may also suspend the execution of the final judgment on the offender. at any time he wants.
The legislator placed with this text a restriction on the freedom of the Public Prosecution to initiate a criminal case against the offender, in order to ensure the interest of the family, and this text applies to all thefts, simple or aggravated, as it applies to terrifying them, and it is equal to him being a perpetrator or an accomplice.
Aggravating circumstances for theft penalty
A penalty of imprisonment with labour:
– For thefts that occur in an inhabited place, or in a place prepared for housing, or in its appurtenances, or in a place prepared for worship.
– For thefts that occur in a place surrounded by a wall or a fence made of green trees, dry wood, or trenches. This is done by breaking it from the outside, a fence, or by using artificial keys.
– For thefts that occur by breaking the seals stipulated in Chapter Nine of Book Two.
For thefts that happen at night.
For thefts committed by two or more persons.
For thefts that occur from servants for wages to the detriment of their employers, employees, craftsmen, or boys in the factories or shops of those who employ them, or in the shops where they usually work.
– For thefts that occur from professionals transporting things in carts, boats, or riding animals, or any other person entrusted with transporting things, or one of their followers, if the aforementioned things were handed over to them in their previous capacity.
– On thefts committed during the war on the wounded, even among the enemies.