Walid Galal Lawyer / Anwalt

08/10/2024

27/06/2022

Law is experience developed by reason and applied continually to further experience.
"Roscoe Pound"

25/06/2022

Dishonesty offences
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Dishonesty is the principal ingredient of a number of criminal offences. These offences may arise in a variety of scenarios ranging from straightforward, low-value theft to large scale, complex business transactions.
Article 341 of the Penal Code under Egyptian Law
"A penalty of detention which may be coupled with a fine not exceeding one hundred Egyptian pounds shall be inflicted on whoever peculates, uses, or wastes amounts, luggage and effects, goods, moneys, tickets or other writings comprising adherence to a claim, or acquittal and so forth, to the prejudice of its owners or holders, or those laying hold thereof, and the said objects were not delivered thereto except as a deposit or a lease, or by way of permission or loan for use or as mortgage, or if it was delivered thereto in his quality of paid or unpaid proxy, with the aim of offering it far sale, or selling or using it in a specified object for the good and utility of its owner or others."

The meaning of fraud for the purposes of fraud charges:-
Usually a fraud charge involves ‘applying’ the property of another person for one’s own benefit in a dishonest way. In the context of a fraud charge, the term ‘applied’ means the taking or using of another person’s property for your own purposes. This must have been done both intentionally and dishonestly.
‘Property’ has a wide definition in fraud cases and includes not only physical property, such as money or buildings, but also everything animate or inanimate that is capable of being the subject of ownership, such as energy, credit, stocks, animals, and plants.
Common dishonesty offences include:-
theft
fraud
money laundering
bribery and corruption
making false or misleading statements
dishonest use of position and corporate fraud
embezzlement
online (cyber) crime
credit card fraud
taxation and GST fraud
Punishment dishonesty offence, restriction, and description of the crime: Article 341 Penalties: He squanders the movables built in description and bound in papers and which are judicially seized in favor of ………and delivered to him by way of a deposit to be guarded and presented on the day fixed for sale, then he embezzles them for himself to the detriment of the confiscating party. Punishment: Imprisonment and a fine may be increased.

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𝑾𝒂𝒍𝒊𝒅 𝑮𝒂𝒍𝒂𝒍 𝑳𝒂𝒘 𝑭𝒊𝒓𝒎 𝑭𝒐𝒓 𝑳𝒆𝒈𝒂𝒍 𝒔𝒖𝒑𝒑𝒐𝒓𝒕
Hurghada, Egypt
- 𝑴𝒐𝒃: 01094840823
- 𝑭𝒂𝒄𝒆𝒃𝒐𝒐𝒌 𝒑𝒂𝒈𝒆:
𝒉𝒕𝒕𝒑𝒔://𝒘𝒘𝒘.𝒇𝒂𝒄𝒆𝒃𝒐𝒐𝒌.𝒄𝒐𝒎/𝑾𝒂𝒍𝒊𝒅𝒈𝒂𝒍𝒂𝒍𝒍𝒂𝒘/

20/06/2022

13/06/2022

Flagrante delicto cases (In the very act of committing the offense)
& The conditions for their validity according to the law.
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The meaning of flagrante delicto lies in its Latin origin, which, in the law, refers to catching someone in the act of committing a crime.
The cases of flagrante delicto in the Egyptian law are as follows:
First case: witnessing the crime when it was committed.
Second case: witnessing the crime shortly after its commission.
Third case: the victim or the public follows the accused with shouting (following the offender following the occurrence of the crime).
Fourth case: Watching the accused soon after the crime was carried out carrying machines, weapons, luggage or having traces that indicate his perpetration of the crime or his participation in it (viewing the evidence of the crime).
* Conditions for the validity of flagrante delicto:
The first condition: The judicial officer personally witnessed the case of flagrante delicto.
The second condition: witnessing or perceiving a state of flagrante delicto by legitimate means. These cases assume that the judicial officer witnessed the crime during the realization of the act or actions necessary for the establishment of its material element. Watching did not mean seeing, but perceiving the crime through one of the senses of the judicial police officer, and part of the jurisprudence believes that the legislator uses the expression perceiving the crime instead of witnessing the crime; As the awareness of the crime includes all the senses such as seeing, smelling, hearing and other senses, smelling the smell of the drug emanating from the accused, or hearing the sound of gunfire, or the victim’s distress, that is, perceiving the crime by any of the senses, and it is sufficient for a state of flagrante delicto that there are external manifestations The judicial officer is aware of it with certainty and predicts by itself the occurrence of the crime, for example: throwing the materials that the accused were carrying in their car as soon as they saw the policemen. Cases of flagrante delicto allow the judicial arrest warrant to arrest any person, whatever his position or rank, even if he enjoys immunity, as the case of flagrante delicto does not require the permission of the Public Prosecution in charge of that matter. Investigations, you really need that permission.
Submit a request to Parliament president in the case of parliamentary immunity to terminate or drop the immunity, a request is submitted to the President of the Supreme Judicial Council in cases of judicial immunity, in order to drop the immunity and follow up the investigation procedures.

𝑾𝒂𝒍𝒊𝒅 𝑮𝒂𝒍𝒂𝒍 𝑳𝒂𝒘 𝑭𝒊𝒓𝒎 𝑭𝒐𝒓 𝑳𝒆𝒈𝒂𝒍 𝒔𝒖𝒑𝒑𝒐𝒓𝒕
Hurghada, Egypt
- 𝑴𝒐𝒃: 01094840823
- 𝑭𝒂𝒄𝒆𝒃𝒐𝒐𝒌 𝒑𝒂𝒈𝒆:
𝒉𝒕𝒕𝒑𝒔://𝒘𝒘𝒘.𝒇𝒂𝒄𝒆𝒃𝒐𝒐𝒌.𝒄𝒐𝒎/𝑾𝒂𝒍𝒊𝒅𝒈𝒂𝒍𝒂𝒍𝒍𝒂𝒘/

07/06/2022

The Invalidity of a Sale Power of Attorney & the main types of power of attorney
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The power of attorney (POA) is established when an agent is obligated to perform a legal act for his principal, with the latter putting some or all his property at the agent's disposal to authorize him to manage it within the limits assigned to him.
There are two main types of power of attorney documents:-
1) The first type is A general PoA :-that does not specify a specific type of legal work and can include administrative affairs, and any disposition actions required by the administration.
2) The second type is a private PoA, in which the agent is assigned a specific legal task and has no capacity other than that specified in the PoA. Within this agency relationship, the agent carries out a specific act of management or disposal, and it may deal with both actions at the same time.
It is also solely concerned with matters of sale and purchase, approval, arbitration, and taking a legal oath on behalf of someone.
Despite this, sometimes a general power of attorney can be issued for a specific purpose, such as making signing lease contracts for companies, or signing sales contracts (either as the buyer or seller). In this case, the agent must not exceed the limits of the PoA terms, otherwise, it may be deemed legally ineffective.
In all cases, classifying the power of attorney as 'general' or 'private', is of no substantive importance, however, the text within it is, since the validity of PoA’s depends on terms within its articles.
• Accordingly, if the price element is obligatory in the sale contract, its absence leads to the nullity of the contract. Similarly, a power of attorney to sell to oneself or to a third party will also not be valid without specifying a price that has been agreed upon by the parties or at least has the ability to be identified.
• As for POAs that are issued to banks when selling to oneself or third-parties as a guarantee of indebtedness, shall not take place or even be taken into consideration without a preliminary sale contract being drawn up in which it is proven that the buyer has paid the price to the seller and that this price is nonrefundable.
• Herein we refer to one of the cases in which the Court of Cassation ruled on the invalidity of a registered sale contract since this was done by proxy, and without the price being mentioned. On the ground of this ruling, the court said that the client had disputed over the sale and the price and that the agency he has entered into is in fact a guarantee of the fulfillment of his indebtedness to the bank, and not a license to sell.
However, under this agency, the latter sold the disputed apartment to himself by contract, for a far cheaper price, that was not expressly or implicitly agreed upon in the power of attorney. This in turn invalidates the contract.

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𝑾𝒂𝒍𝒊𝒅 𝑮𝒂𝒍𝒂𝒍 𝑳𝒂𝒘 𝑭𝒊𝒓𝒎 𝑭𝒐𝒓 𝑳𝒆𝒈𝒂𝒍 𝒔𝒖𝒑𝒑𝒐𝒓𝒕
Hurghada, Egypt
- 𝑴𝒐𝒃: 01094840823
- 𝑭𝒂𝒄𝒆𝒃𝒐𝒐𝒌 𝒑𝒂𝒈𝒆:
𝒉𝒕𝒕𝒑𝒔://𝒘𝒘𝒘.𝒇𝒂𝒄𝒆𝒃𝒐𝒐𝒌.𝒄𝒐𝒎/𝑾𝒂𝒍𝒊𝒅𝒈𝒂𝒍𝒂𝒍𝒍𝒂𝒘/

31/05/2022

Liability in law of contract under Egyptian Law
Pacta sunt servanda
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Pacta sunt servanda, Latin for "agreements must be kept"
It is a brocard and a fundamental principle of law. According to “Hans Wehberg” a professor of international law.
The Civil Code adopts the basic principle of "pacta sunt servanda", which principle is also confirmed by several judgements and, therefore, a contract shall have the same enforceability level of the law providing the provisions of such contract shall not contradict the public policy and order provisions in Egypt, otherwise the said contradicted provisions shall be considered null and void in accordance with several judgements.
In its most common sense, the principle refers to private contracts and prescribes that the provisions, i.e. clauses, of a contract are law between the parties to the contract, and therefore implies that neglect of their respective obligations is a violation of the contract.

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𝑾𝒂𝒍𝒊𝒅 𝑮𝒂𝒍𝒂𝒍 𝑳𝒂𝒘 𝑭𝒊𝒓𝒎 𝑭𝒐𝒓 𝑳𝒆𝒈𝒂𝒍 𝒔𝒖𝒑𝒑𝒐𝒓𝒕
Hurghada, Egypt
- 𝑴𝒐𝒃: 01094840823
- 𝑭𝒂𝒄𝒆𝒃𝒐𝒐𝒌 𝒑𝒂𝒈𝒆:
𝒉𝒕𝒕𝒑𝒔://𝒘𝒘𝒘.𝒇𝒂𝒄𝒆𝒃𝒐𝒐𝒌.𝒄𝒐𝒎/𝑾𝒂𝒍𝒊𝒅𝒈𝒂𝒍𝒂𝒍𝒍𝒂𝒘/

29/05/2022

Liability in law of contract under Egyptian Law
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As a general principle under the Egyptian Civil Code No. 131 of 1948 (the "Civil Code"), the legal effect of a contract shall be applied only to the parties thereof in which, the rights and obligations under the said contract shall only be enforceable vis-à-vis these parties. That the said legal effect shall not be applied to any third party whether the said effects are rights or obligations and whether the source of obligation is a formal or an informal deed unless the parties agreed otherwise.
- Liability in law of contract: Statutes of limitation:
According to the Civil Code, any contractual obligation shall be generally prescribed after the lapse of fifteen (15) years unless otherwise determined by law. This period shall be decreased to seven (7) years for commercial obligations providing that the two contracting parties shall be commercial entities in accordance with the Egyptian Commercial Code No. 17 of 1999 "Commercial Code".
In this regard, according to several judgements, this period of prescription is conditional upon the non-use of the relevant obligee's right to claim the said contractual obligation unless otherwise agreed between the parties in accordance with the Civil Code.

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𝑾𝒂𝒍𝒊𝒅 𝑮𝒂𝒍𝒂𝒍 𝑳𝒂𝒘 𝑭𝒊𝒓𝒎 𝑭𝒐𝒓 𝑳𝒆𝒈𝒂𝒍 𝒔𝒖𝒑𝒑𝒐𝒓𝒕
Hurghada, Egypt
- 𝑴𝒐𝒃: 01094840823
- 𝑭𝒂𝒄𝒆𝒃𝒐𝒐𝒌 𝒑𝒂𝒈𝒆:
𝒉𝒕𝒕𝒑𝒔://𝒘𝒘𝒘.𝒇𝒂𝒄𝒆𝒃𝒐𝒐𝒌.𝒄𝒐𝒎/𝑾𝒂𝒍𝒊𝒅𝒈𝒂𝒍𝒂𝒍𝒍𝒂𝒘/

21/05/2022

Walid Galal Law Firm provides clients with legal advice for
• All criminal, judicial and civil cases.
• Family law issues.
• Contract documentation.
• Foreign affairs, consular procedures, and company formation.
• Legal representation related to real estate.
Available in all languages especially Russian, German, and English. But also Polish& Spanish.
Hurghada, Egypt
𝑾𝒂𝒍𝒊𝒅 𝑮𝒂𝒍𝒂𝒍 𝑳𝒂𝒘 𝑭𝒊𝒓𝒎 𝑭𝒐𝒓 𝑳𝒆𝒈𝒂𝒍 𝒔𝒖𝒑𝒑𝒐𝒓𝒕
- 𝑴𝒐𝒃: 01094840823
- 𝑭𝒂𝒄𝒆𝒃𝒐𝒐𝒌 𝒑𝒂𝒈𝒆:
𝒉𝒕𝒕𝒑𝒔://𝒘𝒘𝒘.𝒇𝒂𝒄𝒆𝒃𝒐𝒐𝒌.𝒄𝒐𝒎/𝑾𝒂𝒍𝒊𝒅𝒈𝒂𝒍𝒂𝒍𝒍𝒂𝒘/

17/05/2022

Adhesion contracts
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Adhesion contract is a contract between parties with different levels of negotiating power. Typically, these are structured as “take it or leave it” contracts, with the party with the stronger bargaining position dictating its terms and there being little or no negotiation. For example, a person renting a car at an airport counter may be presented with an eight-page agreement full of provisions favorable to the rental car company.
Two conditions were set for the contract to be considered as an adhesion contract
*The first: that one of the parities write the contract, and the terms of the offer and its presentation to the other contracting party.
*Second: The non-acceptance of the oblige to discuss these conditions from the other party, which accepts them all, or rejects them all. If he accepts it, the contract is concluded and then it is considered as an adhesion contract, with the legal consequences that this entails.
Accordingly, If the terms of the contract were set by both parties, or one of them put it to be discussed and negotiated by the other party, and thus the contract was concluded in the light of this discussion and negotiation, then the contract is not considered an adhesion contract.
It is noted on the article that the offer containing the terms of the contract was not required to be in writing, which means that those conditions and their offer may be oral, in line with the general rules of consensual contracts, regardless of the issue of proof of such conditions or one of them. However, the situation in practical life is completely different, in that the adhesion contracts are always written contracts, and no oral contract was presented to the judiciary about which it was claimed that it was an adhesion contract.
Based on this, we can add a condition to the contract in order for it to be an adhesion contract, which is that it must be a written contract.
In this regard, the opinion is settled that other conditions must be met in the contract in order for it to be considered an adhesion contract.
These conditions can be summarized as follows:
1) The monopoly of the good or service on the part of the obligor, whether the monopoly is legal, such as the concession given to a company to distribute electricity to consumers, or a de facto monopoly, such as allowing the law to provide electricity by any company under certain conditions, but there is only one company that has the necessary technologies.
2) The commodity or service must be necessary for the consumer, so that he cannot dispense with it, or he can do so but with difficulty, such as the commodity of electricity, telephone service and transportation by modern means of transportation.
3) That the offer is the same for all or for certain sectors, even if it differs for other sectors. The obligator presents his positivity to all in general without distinguishing between them, and its conditions are the same for all.
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F𝒐𝒓 𝒎𝒐𝒓𝒆 𝒊𝒏𝒇𝒐𝒓𝒎𝒂𝒕𝒊𝒐𝒏 𝒄𝒐𝒏𝒕𝒂𝒄𝒕 𝒖𝒔
𝑾𝒂𝒍𝒊𝒅 𝑮𝒂𝒍𝒂𝒍 𝑳𝒂𝒘 𝑭𝒊𝒓𝒎 𝑭𝒐𝒓 𝑳𝒆𝒈𝒂𝒍 𝒔𝒖𝒑𝒑𝒐𝒓𝒕
- 𝑴𝒐𝒃: 01094840823
- 𝑭𝒂𝒄𝒆𝒃𝒐𝒐𝒌 𝒑𝒂𝒈𝒆:
𝒉𝒕𝒕𝒑𝒔://𝒘𝒘𝒘.𝒇𝒂𝒄𝒆𝒃𝒐𝒐𝒌.𝒄𝒐𝒎/𝑾𝒂𝒍𝒊𝒅𝒈𝒂𝒍𝒂𝒍𝒍𝒂𝒘/

*

07/05/2022

Today, the implementation of the new real estate registration law
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The real estate registry offices in Egypt, as of May 7, immediately after the Eid Al-Fitr holiday, will open their doors to citizens wishing to register their housing units and the real estate they own, whether with a final contract or with a preliminary contract on the condition of possession in good faith for a period of 5 years or by handing over the condition of possession in good faith For 15 years, and with a maximum fee of 3900 pounds only.
• The Ministry has prepared 8 main forms that are fully insured to be used in cases wishing to register, so that each form relates to a specific case, such as registering the property by publicizing a lawsuit or announcing the inheritance and others.
• The new amendments to the law shortened the data and documents required for registration, as the required papers include data indicating the identity, capacity and authority of each party (personal ID Card), with the exception of the final rulings that are required to be published.
• Among the required papers is also to attach a digital areal statement, provided that this digital areal statement is issued with the coordinates of the global system W-GS-S/84 - corresponding to a drawing measurement (1-2500), The papers also include the legal basis for the application for registration and an acknowledgment by the owner of the rights established on the property In addition to a receipt of facilities to prove possession for a period of 5 years for customary contracts and 15 years for hand placement, in addition to a proof of reconciliation in building violations.
• In order to obtain the cadastral statement, the Ministry of Justice identified 5 bodies to obtain this cadastral data, which were: - Military Survey Department, Ministry of Planning at the Spatial Data Center, Central Agency for Public Mobilization and Statistics, Egyptian Survey Authority, cadastral offices whose work is approved by any of these bodies, Also, 294 technology centers were identified in the governorates and neighborhoods to submit a request to obtain and receive the digital survey statement.
• The recent amendments specified the stages of registering the apartment or real estate according to each of the cases of ownership, whether it was ownership by a final contract, ownership by customary contract, or ownership by hand.

The steps that citizens must follow are as follows:-
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1- As of May 7th, the citizen goes to the real estate registry in which the property to be registered is held.
2- Recording the data on the form prepared within the real estate registry office according to the situation of the real estate and its value is 100 pounds.
3- Submitting the original documents required, which is the sale contract, whether final or preliminary, or evidence of seizure of possession for a period of 15 years, in addition to submitting an accompanying receipt.
4- A digital survey statement from any of the 5 parties approved by the law (mentioned above).
5- Payment of fees starting from 500 pounds and a maximum of 3900 pounds for real estate registration fees.
6- The applicant acknowledges that all the submitted data and documents are correct
7- Examination of the request within 30 days.
8- Hearing the objection from the concerned parties to the registration within 7 days.
9- Approval or refusal of registration, according to each case.

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F𝒐𝒓 𝒎𝒐𝒓𝒆 𝒊𝒏𝒇𝒐𝒓𝒎𝒂𝒕𝒊𝒐𝒏 𝒄𝒐𝒏𝒕𝒂𝒄𝒕 𝒖𝒔
𝑾𝒂𝒍𝒊𝒅 𝑮𝒂𝒍𝒂𝒍 𝑳𝒂𝒘 𝑭𝒊𝒓𝒎 𝑭𝒐𝒓 𝑳𝒆𝒈𝒂𝒍 𝒔𝒖𝒑𝒑𝒐𝒓𝒕
- 𝑴𝒐𝒃: 01094840823
- 𝑭𝒂𝒄𝒆𝒃𝒐𝒐𝒌 𝒑𝒂𝒈𝒆:
𝒉𝒕𝒕𝒑𝒔://𝒘𝒘𝒘.𝒇𝒂𝒄𝒆𝒃𝒐𝒐𝒌.𝒄𝒐𝒎/𝑾𝒂𝒍𝒊𝒅𝒈𝒂𝒍𝒂𝒍𝒍𝒂𝒘/

11/04/2022

Public Prosecution orders detention of man accused of murdering Coptic priest in Alexandria
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The criminal court ordered the suspect placed under medical examination in a public hospital specialized in the treatment of mental illness to investigate allegations he had said during his interrogation about suffering from a mental illness that makes him “lose control over his actions,” the Egyptian Public Prosecution posted on its page on Friday evening.
During his interrogation, the defendant confessed to intentionally killing the victim, but later changed his confession saying that he had arrived in Alexandria a few days prior in search of work and stayed overnight on public roads, claiming that the knife in his possession was just for self-defense. He also claimed that he was not aware of what he was doing on the day of the incident until he was arrested.
Furthermore, he said that he suffered from mental disorders about 10 years ago, after which he was admitted to a mental health hospital to receive treatment, and that he sometimes loses control of his actions, the statement added.
he Public Prosecution said it listened to the testimonials of 17 eyewitnesses, inspected the crime scene, reviewed the surveillance cameras in surrounding areas, and received autopsy reports from the Forensic Medicine Authority and the Alexandria Poison Centre.
The results conclusively showed that the cause of death was a stab in the neck.
Three surveillance cameras showed parts of the incident and the state of panic of those who were at the scene of the crime. The crime itself, however, was not visible on the tapes.
Other circulated video clips and photographs attributed to the incident, the victim, and the accused were collected by the Public Prosecution for further investigations.
Furthermore, the Public Prosecution is conducting investigations with the accused’s family as part of the investigative procedures it is taking in the case.
It also took blood samples from the suspect to see if he was under the influence of narcotic substances while perpetrating the crime, the statement said.