Monday 30/June/2025 – 12:03 AM
Egypt recently witnessed a tragic traffic accident in Menoufia Governorate, in which 19 girls and bus driver were killed in an incident that revealed serious aspects of neglect and palaces at multiple levels, starting with the driver’s use of drugs, through severe traffic abuses and ending with defects in the road infrastructure. This drives us to take the accident from a comprehensive legal perspective that combines criminal, civil, administrative and preventive aspects.
First: The legal adaptation of the crime and its punishment
1. Strong wrongful killing – Article 238 penalties
The incident is a murder crime, a strict error according to the text of Article 238/a third paragraph of the Penal Code, which states: If the death of more than three people arises and the crime arises from the perpetrator’s violation of a serious violation of what is imposed by the principles of his job, profession or craftsmanship, the penalty will be imprisoned from three to ten years.
Given the evidence of the driver’s use of drugs before driving and causing the death of this large number, the incident constitutes a serious crime that is punishable by a strict imprisonment, and the punishment may reach the maximum of the existence of a strict circumstance, which is the multiplicity of victims.
2. Narcotics use – Article 39 of the Anti -Narcotics Law states that:
Anyone who is seized in a place prepared or prepared for drug use or used to use them in other than the authorized cases. A law is punishable by imprisonment for a period of no less than a year and a fine. ”Added to this is the violation of the traffic law by driving a vehicle under the influence of the drug, which is an independent misdemeanor that may lead to the withdrawal of the license and the cessation of the permit to drive vehicles.
Second: Civil responsibility and compensation
Civil responsibility was distributed to four main parties that must be obligated to pay the necessary compensation to the families of the victims:
1. Insurance Company: The Egyptian compound for compulsory insurance announced the disbursement of immediate compensation to the families of the victims, based on the police report only, without the need for complex judicial procedures.
2. The driver’s employer – the owner of the truck:
According to Article 174 of the Civil Code: The follower is responsible for the damage caused by his subordinate to his illegal work whenever he is located from him while performing his job or because of it.
Consequently, the owner is obligated to compensate the families of the victims in solidarity with the driver, especially if it is proven that he fails to monitor the driver or verify his validity.
3. The state – the competent government agencies:
The Ministry of Social Solidarity has spent compensation of 500 thousand pounds for each deceased and 70 thousand for the injured, through the irregular employment fund.
4. The driver personally: Civil lawsuits are made to demand compensation for material damage, the costs of the funeral. The family and literary damage – the psychological pain of the families of the victims.
Third: ongoing criminal procedures
The driver was being imprisoned after he was caught after he escaped from the scene of the accident and was proven to use drugs through official analyzes.
The Public Prosecution is heading to refer him to trial on charges:
Strong error killing.
Narcotics use.
Perhaps serious neglect in leadership according to Article 244 of the Penal Code.
Truck confiscation: According to the Traffic Law, the court may confiscate the vehicle as part of the criminal ruling if it is used to commit a crime.
Fourth: The administrative and structural responsibility of the state:
The responsibility is not limited to the driver only, but also extends to include road controls, the weak infrastructure, the absence of maintenance of concrete barriers, and the relaxation of the competent authorities in monitoring heavy trucks. Hence, the families of the victims have the right to file official complaints to:
Administrative Prosecution: To hold those responsible for negligence or negligence accountable.
Central Auditing Agency: To examine the shortcomings in the maintenance of the road.
Fifth: Legal and legislative recommendations for future prevention
Legislation is required to examine a league periodic for heavy transport drivers with electronic linking with the results of the analyzes.
Activating smart cameras for monitoring and automatic analysis of speed and traffic behavior.
Criminalizing the failure of the owners of transport companies to examine drivers periodically, while obliging them to criminal responsibility in cases of neglect.
The incident of the Menoufia was not just a collision on the road but rather revealed a dangerous legal, administrative and legislative gaps in the transportation and traffic system in Egypt, this incident must be a warning bell for the authorities to take strict and continuous measures not only to try the perpetrator but to reform the system as a whole, and in countries that respect the lives of its citizens we need a real political and legislative will to apply justice and enforcement of law and prevent underestimation the people.
