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Lawyer Amr El-Shokaly

Amr El-Shokaly worked as a founder of many companies in addition to being a legal advisor to these companies in relation to their work in addition to the disputes in which these companies are a party. Egypt also represented the office of many, many civil, commercial and administrative cases and disputes.


Bank Check

With regard to the bank check, there must be a valid signature on it from the bank that the signature of the check owner is a valid signature so that he is not allowed or has the right to challenge forgery in any of the criminal hearings against the check owner and a guarantee for the person in whose favor the check is issued.


Case proof

• This record is very important, especially in the event of any problems, lack of exposure, or proof of a debt or a right owed to a person • The case record report is also tangible material evidence that on a certain date a specific event occurred and it was proven in the record with the date. In the event of any problems, the case record is resorted to and a true copy of it is extracted and presented at the session as a guarantee of the correctness of the statements of the person who made the record. He has reliance on him in the case. • You are given an administrative number, and on this basis, you go to the court to extract a copy of the record with its administrative number. • The record of proving the case is one of the important records that is a guarantee of people's rights in the future.

• How do I make a report on Internet investigations and the reasons for innocence in the crime of threatening pictures and conversations and respond to them?

1- Take a screenshot of the threatening messages, and after that, you go to the Internet Investigations Department within its security directorate in the governorate in which you reside.
2- A report is made that takes a question number, and after that, the report is sent to the technical report, and the technical report informs from where the incident occurred inside the Arab Republic of Egypt, who is the owner of the phone, and who is the person who was carrying the phone, or from where the messages were sent.
Note: 3 investigation officers are passed over to ask how the incident happened and what is the motive and evidence for the incident.
3- The technical report The report is sent to the Public Prosecution, and it is necessary and necessary to follow up the report from the time it is exported from the Directorate’s internet access to the Public Prosecution and an interview with the Public Prosecution attorney to clarify the incident and indicate whether it will be recorded in accordance with the text of Article 306 of the Penal Code or according to the text of Article 76 of Law No. 120 of 2008.
The penalty for Article 306 of the Penal Code is imprisonment for one month, for example.
And the penalty for Article 76 of Law No. 120 of 2008 is imprisonment for 5 years if the messages include requests for money, defamation, extortion or extortion, for example.
If the messages are only a threat without asking for any other things, whether financial or in-kind demands, the penalty is up to two years in prison.
Q/ What are the statements of the accused in the case of a question to respond to the accusation leveled against him?
A/ He usually has two responses. The first is: The page or phone from which the transmission was made belongs to him, but he is not in his possession, and who reported that the line from which the transmission was made was in my possession at the time of transmission.
Second: Payment by forgery on the contract of the line contract from which the message containing the threat was sent
Court of Cassation ruling:-
“It is not required that the person who proves to the victim that the accused had the phone at the time of sending the message, but it is sufficient that the testimony presented that this phone with which the line belongs to the accused, and regarding the challenge for forgery against the contract of the phone number from which the threatening message was sent, said that the failure to attach or The inclusion of the contract does not entail nullity in any procedures, and the court may take this payment or not take this payment.
• Here, you ask, if the technical report proves that the phone line is not in the name of the accused, but in the name of another person, and the other person had sold the line, waived or disposed of it in any way that proves that the line is not with him?
• Also, in the event that the message was sent to the victim and he erased the message, is it possible for me to know whether I prove my right or not?
• Recording insulting calls and the crime of assaulting the sanctity of private life?
C/ Each of us has his own life, which no one has the right to invade or attack.
The text of Article 309 and the text of Article 309 bis of the Penal Code clarifies all types of crimes stipulated:
3 years imprisonment
1- Photography without consent or recording without consent = one year penalty
2- I gave the recording or filming to another person who broadcasted = a penalty of three years
3- The sister of photographing or recording and began to threaten him = a penalty of five years.
• Conversations in front of everyone and pictures also in front of everyone, all with the victim’s consent, and the text of Article 309 of the Penal Code does not apply to them.
• In the event that a person abuses me by insulting or cursing me on the phone, is it permissible for me to record this call or not, and there is evidence of condemnation against this person? The answer is/is ok, how?
General origin According to the text of Article 95 of the Code of Criminal Procedure that any recordings must be authorized by the competent judge, but this is of course to prevent the infringement of the sanctity of private life. This recording is used and this recording is proven as evidence of conviction against committing this crime, because whoever insulted and insulted on the phone and I made the recording is the one who infringed my freedom and my right to personal freedom is punished by imprisonment as long as the recording was made from the victim’s phone of his own free will. As for the conversations that took place between two individuals Or two parties and the recordings and it is proven that they committed an incident, it may not be recorded or transmitted except by permission from the competent judge.

Mistakes made in labor cases

Compensation issues for unfair dismissal?
1- You must not exceed a period of 76 days
2- Complaint at the labor office
3- Proof of case record
In 2008, the last amendment to the Labor Law made it possible to file a lawsuit directly in court without resorting to the Labor Office.
45 days = to the labor office
76 days = to court.
From the date of your dismissal from work or from the due date of the compensation at work, so as not to forfeit the right to resort to the labor court.

When writing the rights in the petition do not exceed in writing it.
A labor lawsuit for the passage of a year from the date of entitlement to the right or from the date of dismissal “the annual prescription”
Except for periodic needs, leave balance – bonus – incentives – sukuk.

The court shall rule to return to work in one case only if the worker is a member of the board of directors in a union organization and the dismissal was due to union activity.

But if the working dismissal is otherwise, it is a discretionary authority of the court, and in the event that compensation is not requested upon unfair dismissal, then the court has registered a request and this request does not apply its conditions to the worker, and accordingly, the court does not rule to return to work again.

opponents in the lawsuit?
1- The chairman of the company’s board of directors or the company’s managing director.
2- The legal representative of the company
It shall be announced at the head office in accordance with the commercial register.

In the case of a job settlement request according to the colleague appointed with you in the same place, the same salary, the same position, the same qualification and the same appointment period?

It is necessary to include the lawsuit for this guiding case, and it is necessary to deduct social security within the case.

Taking enforcement measures when the company refrains from giving the employee or worker what has been judged for him by the court and does not file a case or misdemeanour for refraining from implementing a court ruling, because it is possible that the company is not subject to the state workers law.

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