For decades, the the process-serving document that the process server delivers to the opposing party at his or her domicile has remained a traditional symbol ingrained in the collective memory of Egyptian litigants, with all the waiting and sometimes problems that accompany it related to not finding the the person to be served, refusing to receive, or challenging the validity of the advertising procedures themselves. However, this familiar landscape is currently undergoing a radical transformation, with the entry into force of the new Criminal Procedure Code No. 174 of 2025, effective October 1, 2026. This law establishes, for the first time, an integrated legislative basis for the criminal judicial declaration system via telephone and electronic means, alongside the continuation of traditional paper declarations.

The matter did not stop at the limits of the legislative text alone, but rather Ministerial Resolution No. 47446 of 2026, issued by Counselor Mahmoud Helmy Al-Sharif, Minister of Justice, came to establish the detailed executive framework for this system, by establishing “telephone and electronic service centers” within the jurisdiction of each court at the level of the Republic, specifying its working mechanisms, controls for documenting sending and receiving, and procedures for resorting to traditional methods when digital advertising is not possible.

In this article, the International Consultations Group for Training and Legal Services (ICG) reviews the full features of this legislative and executive transformation, its most prominent practical controls, and the legal problems raised by some criminal law jurists about its application, while reviewing the specialized services provided by the group to keep pace with this new system.

First: The legislative basis for the telephone and electronic service-of-process system

 .1Article 72: The Cornerstone of Electronic Judicial Service

Article (72) of the new Code of Criminal Procedure is the founding text of this transformation, as modern means of judicial announcement have been introduced alongside traditional methods, which represents a fundamental shift in the philosophy of criminal procedures and communication mechanisms between investigative authorities and courts on the one hand, and the parties to the case on the other hand. This article has received special attention from legal jurisprudence, as it addresses historical gaps that have long plagued the traditional advertising system, most notably the difficulty of reaching an opponent and the multiple instances of advertising being invalid due to formal defects.

. 2 Article 230: Integration between digital and paper advertising

Article (230) of the law explicitly affirmed that digital advertising does not abolish the traditional paper advertising system, but rather complements it, as it stipulated that the paper assigning attendance is announced as stipulated in the first and second paragraphs of Article (72), or to the person to whom the the person to be served is posted, or in his country of origin confirmed by his national digital card. If the bailiff does not find the person to be declared in his country of origin, he must hand over the paper to someone who acknowledges that he is his agent or that he works in his service or that he is a resident with him, including spouses, relatives and in-laws. This means that Telephone and Electronic Service Center represents an additional and parallel path, rather than a complete alternative that eliminates the role of bailiffs. This was emphasized by a number of legal experts in response to what some legal experts have described as a widespread misconception among litigants regarding the abolition of the bailiffs’ pen system, stressing that this understanding is completely far removed from the provisions of the new law.

 . 3 Article 232: Organizational and financial structure of telephone service-of-process

Article (232) established the legislative basis for establishing specialized centers for telephone service-of-process, organizing the procedures for sending notifications and proving their receipt. It also organized the financial aspect of this type of advertisement, as it stipulated that the competent judge shall estimate the fee due for the telephone service-of-process in accordance with the provisions of Article (16) of Law No. 90 of 1944 regarding judicial fees and documentation fees in civil matters, and that anyone sentenced to criminal expenses shall be obligated to pay it. It is noteworthy that the law allocated this fee to spend on developing advertising centers and preparing the necessary databases for them, which reflects a legislative vision that directly links the financial aspect to developing the technological structure on which the system is based.

. 4 Ministerial Resolution No. 47446 of 2026: Executive Framework

If the law is the legislative basis for the telephone and electronic advertising system, then Ministerial Resolution No. 47446 of 2026 represents the executive framework that determines how to implement this system on the ground, by establishing advertising centers, organizing their competencies, documenting sending and receiving operations, and preserving the technical evidence and data associated with them.

Second: How do telephone and electronic service centers work?

Pursuant to the ministerial decision, a center for telephone and electronic advertisements will be established within the jurisdiction of each district court nationwide, gradually replacing part of the traditional role that bailiffs used to play in announcing plaintiffs and defendants, in line with the state’s general trend towards comprehensive digital transformation in the justice system. The mechanism of operation of these centers can be summarized in several successive stages:

The first stage: determining data of the the person to be served

The process begins with identifying the data of the person whose declaration is requested, either through data provided by the relevant authorities themselves, or by the Center inquiring from the Civil Status Sector about the national ID number of the person to whom the declaration is made and his registered mobile phone number, in accordance with the systems and rules in force in the Civil Status Sector, and in a manner that does not conflict with the requirements of national security and the confidentiality of national databases.

The second stage: sending the advertisement through the appropriate means

The center sends the advertisement to the recipient via specified means of communication, including short text messages on mobile phones or e-mail. The ministerial decision has set precise controls regarding the providers of these services, as in the case of text messages, the means of communication used must be issued by a telecommunications service provider licensed by the National Telecommunications Regulatory Authority In the case of e-mail, the service must be issued by one of the entities licensed by the Information Technology Industry Development Authority to provide e-mail services, which ensures that no random or officially unverified means of communication is relied upon.

The Third Stage: Documenting sending and receiving

The new system is not satisfied with simply sending the message, but rather requires documenting the sending and arrival process through approved technical means, and preparing an official report proving the result of the announcement, ensuring that it is not satisfied with sending the message alone as evidence of the completion of the announcement.

The Fourth Stage: Submitting the announcement report to the case file

The telephone or electronic service takes full legal effect as of the date on which the message receipt report issued by the Service Center is attached to the case file, in cases where the law permits the use of this medium. This is an important procedural guarantee that links the legal effect of the advertisement to its official documentation within the case file, and not to its mere transmission.

The Fifth stage: resorting to traditional advertising when it is impossible

If the Advertising Center’s report proves that the message could not be received, that there is no mobile phone with The data of the person to be served, or that advertising through the center was not possible for any reason, other traditional procedures specified by law shall be resorted to immediately, by having the bailiff take the usual paper advertising procedures, including delivering the original advertisement to the legally competent authority, as the case may be, completing the procedures and depositing proof of this in the case file.

The Sixth Stage: Maintaining electronic records

The Advertising Center is committed to maintaining the electronic record of each advertisement for the entire period specified for preserving case files, in accordance with the controls in force at the Ministry of Justice, ensuring that these records can be referred to when needed to prove or challenge the validity of advertising procedures.

Third: Criminal declaration of witnesses between traditional and modern means

The digital transformation was not limited to announcing accused persons and defendants only, but extended to include the system of announcing witnesses in criminal cases, as the new law allowed the use of telephone and e-mail to announce witnesses in addition to the usual traditional methods, which contributes to accelerating investigation and trial procedures, especially in cases in which the number of witnesses whose statements are required to be heard is multiple. These provisions will also come into effect on October 1, 2026, the applicable rules and penalties concerning a witness’s failure to appear without an acceptable excuse.

Fourth: Data that must be available in the advertisement and problems of practical application

The new law sets precise controls regarding the data required on the advertisement, whether traditional or digital, including the date, month, year, and time in which the advertisement was made, as well as the details of the case in question, its subject matter, and the title of the person being advertised, in addition to the name of the process server or the entity effecting the service, the name, title, profession, or position of the person being advertised, and his place of residence. If his place of residence is unknown, the last place of residence he had at the time of the advertisement must be recorded.

Despite this precise organization, a number of criminal law jurists and practicing lawyers have raised several critical observations about the practical application of the text of Article (72), the most prominent of which are:

• Absence of explicit obligation for electronic signature or enhanced authentication: The text allowed advertising via a mobile phone number or email, without specifying a unified and binding mechanism to conclusively prove the identity of the actual recipient of the message.
• The problem of announcing the absent or fugitive accused for the first time: It was noted that some forms of obligation to make a digital announcement are related to the case of the accused’s actual “appearance”, which does not apply to the accused who is a fugitive or who has not yet been arrested, or who is intended to be summoned for the first time for investigation, which may keep the Public Prosecution facing the same traditional obstacles in announcing it for the first time, until he appears.
• The disparity between the obligations of the accused and the victim: The law requires the victim and the civil rights plaintiff to specify a chosen location within the jurisdiction of the prosecution office or a digital means of communicating with him. If he neglects or forgets this, it is announced in the court clerk’s office. Some jurists see this as an additional burden on the victim that should be dealt with with greater flexibility.

While these observations do not detract from the significance of this legislative transformation, they highlight the importance of careful legal follow-up of each individual incident, and the necessity of seeking the help of specialized legal expertise capable of absorbing these precise details and employing them for the benefit of the client.

Fifth: The expected impact of this shift on the parties to the criminal case

On the Public Prosecution and the Courts

The new system is expected to significantly accelerate the process of adjudicating cases by reducing the time required to complete declaration procedures, reducing the number of adjournments due to a party’s declaration being invalid, and reducing the burden on the traditional bailiff’s office.

On the accused and the victims

This shift requires every litigant to constantly verify and update their personal data with the Civil Status Authority, especially their registered mobile phone number, as this is the primary channel through which judicial announcements may be received in the future. Any negligence in this regard may expose the person to the risk of not being aware of substantive judicial proceedings concerning them, even though they are considered a legally declared declaration that produces its effects.

On Lawyers

This system requires every practicing lawyer before criminal prosecution offices and courts to closely and continuously monitor case files to verify the date on which telephone or electronic announcement reports are attached. This date determines the entry into force of the announcement’s legal effects, including the commencement of the applicable periods for appeals and attendance. This requires extreme precision to avoid missing any crucial procedural deadline for the client.

On companies and institutions

For companies, especially those that may be parties to criminal proceedings as civil plaintiffs or civil rights officers, this shift requires reviewing internal data management mechanisms related to the company’s official phone numbers and email addresses, and ensuring that a clear chosen location and documented digital communication channels are identified, to avoid any issues related to incorrect or delayed advertising.

Sixth: How does ICG Group support its clients in dealing with the new digital advertising system?

Recognizing the practical transformation this system imposes on the course of virtually every criminal case, the International Consultations Group for Training and Legal Services (ICG) places its specialized expertise at the service of its clients through an integrated range of services, including:

. 1Close follow-up of the dates and stages of announcement in criminal cases

A specialized team from the group undertakes daily follow-up of case files to verify the date on which telephone or electronic announcement reports are attached to the case file, and to accurately set the dates for appeals and their resulting attendance, to avoid any procedural omissions that may harm the client’s interests.

. 2Appealing the validity of advertising procedures when necessary

Providing specialized legal defenses in cases where the telephone or electronic announcement procedure is marred by a formal or substantive defect, whether due to the lack of established technical controls, the incorrectness of the data used, or the failure to document the receipt report in the correct legal form.

. 3Preventive advice for individuals regarding updating their official data

Providing legal guidance to individuals involved in existing or potential criminal cases on the importance of updating their data with the Civil Status Authority, and identifying a chosen home and documented digital communication channels that protect them from the risk of not being aware of substantive judicial procedures.

. 4Full legal representation before the Public Prosecution and criminal courts

Representing clients at all stages of criminal proceedings under the new procedural system, including professionally handling all digital and traditional advertising issues that may arise during the course of the case.

. 5Specialized training programs for companies and legal departments

Organizing training workshops for corporate legal departments and law firms on the operation of telephone and electronic advertising centers and how to manage the company’s official communication channels in accordance with the requirements of the new system.

. 6Review and update corporate data management policies

Helping companies review and update their internal policies related to the management of official contact data, ensuring that any potential judicial announcements are received correctly and in a timely manner, and reducing the risk of being exposed to judicial procedures without prior knowledge.

. 7Preparing specialized legal studies and memorandums on the problems of digital advertising

Preparing in-depth defense studies and memoranda based on new texts and early interpretations of them, particularly in jurisprudence and the judiciary, with regard to issues raised regarding the absence of an enhanced electronic signature or cases of absent defendants, in support of the clients’ positions in the pending cases.

Conclusion

The system of judicial announcements via phone and email, which will actually come into effect with the implementation of the new Code of Criminal Procedure in October 2026, represents a bold step towards a faster and more efficient criminal justice system, keeping pace with the comprehensive digital transformation witnessed by Egyptian state institutions. However, this transformation, as much as it brings opportunities to accelerate litigation, in return imposes a greater responsibility on every litigant, lawyer, and company, which is the need to be constantly vigilant towards official communication channels and constantly update them. From this standpoint, the International Consultations Group for Training and Legal Services (ICG) affirms its commitment to being the reliable legal partner for its clients in dealing with every detail of this new system, in a way that protects their rights and ensures that no procedural opportunity is missed due to insufficient knowledge of its mechanisms.