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Europe: EAW, extradition, Red Notice

Arrested in Cairo: the prosecution decides, and it renews

by Massimo Romano3 min readupdated 2026-08-05
Institutional architecture
Direct answer

Egyptian procedure concentrates power in the public prosecution, which investigates and also decides on detention, renewing it in successive periods. The practical consequence for a foreign national is that a case which would take days in Europe can take months here, with the person held throughout.

How detention works

ElementPositionNote
Police to prosecutionThe person is brought before the prosecution promptlyQuestioning follows
DetentionOrdered by the prosecution and renewed in successive periodsRenewals are the norm
Judicial reviewAvailable, and worth pursuing at each renewalNot automatic in effect
LawyerShould be present at questioningAsk before answering anything
Consular notificationA right for foreign nationalsUnder the Vienna Convention
TravelDeparture can be prevented while proceedings continueSeparate from detention

The renewal mechanism is what surprises people. Each period is short, but they follow one another, and challenging them requires appearing at each renewal rather than waiting for a hearing on the merits.

What arises for foreign nationals

  • Airport and customs: currency, goods, medication and arrests on international alerts.
  • Medication. Substances lawfully prescribed in Europe are controlled here, and arriving with them without documentation produces serious cases.
  • Photography and sensitive sites, including infrastructure and military areas, where restrictions are wide and enforced.
  • Antiquities. Removing or exporting archaeological material is prosecuted severely, and items bought from a seller are not thereby lawful.
  • Conduct and public order offences, including provisions on public morals and on published content.
  • Business disputes, particularly cheque matters, which are criminal here as in the Gulf.

The medication and antiquities cases are the two that most often involve people with no criminal intention whatsoever, and both are avoidable with documentation prepared before travel.

There is no European warrant here

Between Egypt and European states there is no European Arrest Warrant and no European Investigation Order. Everything proceeds by extradition and by mutual legal assistance, under the applicable bilateral or multilateral instruments, on far longer timescales.

One feature matters more than any other for anyone with dual nationality: like most states in the region, Egypt does not extradite its own nationals. A dual national is treated as a national here, which means a European request will not result in surrender — but it may result in prosecution locally instead. The framework from the Italian side is in the guide on extradition and, where an alert is circulating, in the guide on Red Notices.

Frequently asked questions

Who decides on my detention in Egypt?

The public prosecution, which both investigates and orders detention, renewing it in successive periods. Judicial review is available and should be pursued at each renewal.

I brought prescribed medication with me.

Substances lawfully prescribed in Europe may be controlled in Egypt. Documentation prepared before travel is what prevents these cases.

I bought an antiquity from a shop.

Purchase does not make removal or export lawful. Antiquities offences are prosecuted severely and the seller's assurances carry no weight.

Can I leave once released?

Not necessarily. Departure can be prevented while proceedings continue, separately from any detention.

If this is happening now

Consular notification, a locally admitted lawyer, and no account given before both are in place. First contact is free and covered by professional privilege, at any hour.

Reachable 24 hours

Tell me what has happened

First contact is free and covered by professional privilege, at any hour including nights and holidays.

Bar of Naples, admission no. 14553 · Rome · Milan · Naples

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