Egypt: Pending Charges Against 

Mohammed Morsi

April 2014

The Law Library of Congress, Global Legal Research Center

(202) 707-6462 (phone) • (866) 550-0442 (fax) • law@loc.gov • http://www.law.gov
This report is provided for reference purposes only. 

It does not constitute legal advice and does not represent the official 

opinion of the United States Government. The information provided 

reflects research undertaken as of the date of writing. 

It has not been updated.
Egypt: Pending Charges Against Mohammed Morsi

George Sadek

Senior Legal Research Analyst

SUMMARY Former Egyptian President Mohammed Morsi and his aides are currently facing 

four main criminal charges: inciting a militia to kill peaceful protestors, insulting 

the judiciary, collaborating with foreign governments and entities to harm 

national security, and breaking out of prison. The former president refutes the 

accusations against him. If Morsi and his advisers are found guilty of the alleged 

offenses, they could be punished by long-term imprisonment or the death penalty.

I. Background

On June 30, 2013, millions of Egyptians took to the streets to protest what they considered the 

failed policies of former President Mohammed Morsi. On July 3 the army removed the president 

from power and announced what it called “a Road Map for Democracy.” The purpose of the 

road map was to write a new constitution and to conduct presidential and 

parliamentary elections.1

After removing President Morsi, the army detained him in secret locations from July 3, 2013, for 

several months until state prosecutors announced he would stand trial on criminal charges, after 

which he was transferred to a civilian prison.

2 Former President Morsi and his aides are

currently facing four main accusations—inciting a militia to kill peaceful protestors, insulting the 

judiciary, collaborating with foreign governments and entities to harm national security, and 

breaking out of prison.3

II. Alleged Facts

The General Prosecution has accused former President Morsi of escaping from Wadi al-Natron 

prison on January 28, 2011. Morsi is charged not only with prison break, but also with 

collaborating with the foreign militant forces—the Palestinian Hamas and the Lebanese 

1 Egypt’s President Says Road Map on Track, AL JAZEERA, Sept. 4, 2013, http://www.aljazeera.com/news/middle 

east/2013/09/20139431253464290.html.

2 Profile: Egypt’s Mohammed Morsi, BBC NEWS, Dec. 18, 2013, http://www.bbc.com/news/world-middle-east18371427.

3 A number of members of the Muslim Brotherhood have also been charged with homicide and carrying out acts of 

terrorism in relation to the August 2013 protests in the province of Al-Maniya, south of Cairo. For more 

information about the trial proceedings and sentences, see George Sadek, Egypt Defense Lawyers Try to Appeal 

Death Sentences for Muslim Brotherhood Defendants, GLOBAL LEGAL MONITOR, Apr. 2, 2014, 

http://www.loc.gov/lawweb/servlet/lloc_news?disp0_l205403919_text.

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Egypt: Pending Charges Against Mohammed Morsi 

Hezbollah—to break out of the high-security prison, damage and set fire to prison buildings, and 

loot the prison’s weapons depot.

4

The General Prosecution has charged Morsi with damaging national security by revealing 

classified information to Iran and the militant entities Hamas, Hezbollah, and the Iranian 

Revolutionary Guards.5

The General Prosecution also alleges that Morsi and his aides, including top advisers, incited the 

militia of the former Justice and Freedom Party to kill peaceful protestors standing before the 

Presidential Palace on December 5, 2012.5F

6

Finally, one of the most important accusations that Morsi faces is the defamation of the judiciary. 

The General Prosecution claims that in his speech of June 26, 2013, former President Morsi

falsely accused the judge supervising the 2005 parliamentary elections and twenty-two other 

judges of falsifying those elections.

7

III. Charges and Penalties 

As mentioned above, the General Prosecution has accused former President Morsi of committing 

an array of offenses under the Penal Code,

8 including (1) escaping from a high-security prison, 

(2) defaming the judiciary, (3) murder, (4) attempted murder, and (5) collaborating with foreign 

entities to harm national security.

Morsi could be imprisoned and fined if he is found guilty of violating articles 80(b), 138, 184, 

and 186 of the Penal Code. Under article 80(b), any public official who reveals classified 

information is to be punished by imprisonment. 9 Article 138 punishes any individual who 

escapes from prison with a term of imprisonment not to exceed two years and a fine of not more 

than EGP500 (about US$71).

10 According to article 184, any individual insulting the House of 

Representatives, the army, the courts, any branches of the government, or public entities is to be 

4 Morsi’s Prison Break Trial Resumes, BUSINESS STANDARD, Feb. 22, 2014, http://www.business-standard.com/ 

article/pti-stories/morsi-s-prison-break-trial-resumes-114022200626_1.html.

5 Erin Cunningham, Egypt’s Mohamed Morsi Accused of Espionage, Plotting Islamist Takeover, WASHINGTON POST, 

Dec. 18, 2013, http://www.washingtonpost.com/world/middle_east/egypts-mohamed-morsi-accused-of-espionageplotting-islamist-takeover/2013/12/18/328052f6-681b-11e3-a0b9-249bbb34602c_story.html.

6 Adam Withnall, Egypt Investigates Complaints Against Ousted Morsi Including Inciting Killing of Protesters, 

INDEPENDENT, July 14, 2013, http://www.independent.co.uk/news/world/africa/egypt-investigates-complaintsagainst-ousted-morsi-including-inciting-killing-of-protesters-8707351.html.

7 New Charge against Egypt’s Morsi: Insulting Judges, AL ALAM, Sept. 7, 2013, http://en.alalam.ir/news/1514314; 

see also Gregg Carlstrom, Explainer: Why is Morsi on Trial?, AL JAZEERA, Jan. 9, 2014, http://www.aljazeera. 

com/indepth/features/2014/01/explainer-why-morsi-trial-20141912215173954.html.

8 Law No. 58 of 1937 (Criminal Code of 1937, reformed in 1952, as amended by Law No. 95 of 2003 and Law No. 

147 of 2006), Al-Waqa’i‘ Al-Rasmiyya [Official Gazette], 1937, available at http://www.mohamoon.com/montada/ 

Default. aspx?action=ArabicLaw&ID=20 (in Arabic).

9 Id. art. 80.

10 Id. art. 138. 

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punished by either imprisonment or a fine of EGP5,000–10,000 (about US$713–1,426).

11 The 

court has discretion to impose both penalties on violators. Similarly, article 186 imposes on any 

individual insulting a judge or his authority a penalty of imprisonment not to exceed six months 

and a fine of EGP5,000–10,000.

12

In addition to the imprisonment and fines, former President Morsi could face the death penalty or 

life imprisonment if he is convicted under articles 230, 40 and 235 of the Penal Code. Under 

article 230, any individual who murders someone deliberately is to be sentenced to death or life 

imprisonment.13 Article 40 provides that any individual who incites a felony is considered a 

main culprit.

14 Article 235 imposes on any individuals who contribute to a crime the same 

sentence as the offender.15 Moreover, Morsi could face the death penalty if he was found guilty 

of crimes under provisions 77(b), and 80. Article 77(b) states that collaborating with a foreign 

country or conducting espionage with someone who works in the interest of a foreign country to 

commit hostile acts against Egypt is punishable by death. 16 Finally, under article 80, an 

individual who provides, in any form, classified information concerning Egyptian defense to a 

foreign country or to anyone working in its interest is to be punished by the death penalty.17

IV. Trial Procedures

After taking his statement about the aforementioned charges, the General Prosecution decided to 

refer former President Morsi for trial before the Cairo Court of Appeal.18 The court consists of a 

chief judge and two assistant judges.

19

In case of conviction, Morsi has the right to appeal before the Court of Cassation. This court is 

considered the highest judicial body in the Egyptian court system.20 It consists of criminal and 

civil sections. Morsi’s defense lawyers may access this court only if a breach of law is claimed 

as the basis for his appeal. The court’s main objective is to provide a comprehensive and 

uniform interpretation of the law.21

11 Id. art. 184.

12 Id. art. 186.

13 Id. art. 230.

14 Id. art. 40.

15 Id. art 235.

16 Id. art 77(b).

17 Id. art 80.

18 Egypt Suspends Morsi Trial at Lawyers Request, PRESS TV, Mar. 6, 2014, http://www.presstv.ir/detail/2014/ 

03/06/353528/egypt-court-suspends-third-morsi-trial/.

19 Code of Criminal Procedure of 1937, amended by Law No. 95 of 2003, art. 366, Al-Waqa’i‘ Al-Rasmiyya, 1937, 

available at http://www. mohamoon.com/montada/Default.aspx?action=ArabicLaw&ID=27 (in Arabic).

20 Id. art. 12.

21 Id. art 230.

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V. Conclusion 

Former President Morsi and his aides, including his top advisers, deny the accusations of killing 

the peaceful protestors and collaborating with foreign governments and entities to harm national 

security. If Morsi and his advisers are found guilty of such offences, they can be punished by 

long-term imprisonment or the death penalty. The former president also refutes the criminal 

charges issued against him concerning insulting judges and the judiciary. If Morsi is convicted 

of these charges, he may face imprisonment, fines, or both penalties.

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