Written by Mahmoud Abdel Radi – Ahmed Hosni
Saturday, May 13, 2023 11:40 AM
The Ministry of Interior succeeded in apprehending members of a gang formation in Cairo, whose criminal activity specialized in committing car thefts using the “artificial key” method, as part of the efforts of the Ministry of Interior’s agencies to uncover the circumstances of what was reported to the Basateen Police Department in the Cairo Security Directorate by a person who discovered that he had stolen the car that belonged to him when it was stopped in the department’s department, and he did not Someone is suspected of committing the incident.
By conducting investigations and through technical dealings, it was found that behind the commission of the incident, 3 people “have criminal information” – residents of the Helwan Police Department, and after legalizing the procedures, they were targeted and they were able to seize them as soon as they got into the car reported stolen and another with metal plates for another car “not reported stolen.” They were in possession of an individual cartridge – an amount of heroin, and when they confronted them, they admitted that they formed a gang whose criminal activity specialized in stealing cars using the “artificial key” method, and they also admitted to committing 4 other thefts in the same way, and their possession of a firearm with the intent to defend their criminal activity and narcotic substances with the intent to use They were also instructed to seize 3 cars of their “bad faith” clients, one of whom had criminal information – two residents of the Helwan Police Department, and by confronting them, they confessed to cutting off the parts of one of the seized cars and disposing of its parts by selling, and by summoning the victims, they recognized the cars and accused them of stealing.
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 file 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 used 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 from the enemies.