These frequent reports on this subject were accompanied by other reports that the sexual relationship between this man and one of his mistresses did not take place inside her marital home and that none of their husbands filed a report against this man or one of them (mistresses). In this case, the description of this crime as the crime of adultery is excluded according to the decision. With the text of the articles of the Egyptian penal code, and the application of articles 273-277, according to Mohamed El-Tohamy, a lawyer and legal expert.
El-Tohamy added that articles 273 to 277 pertaining to adultery crimes, mentioned in Chapter Four of Book Three of the Egyptian Penal Code, are applied, stating:
Article 273- It is not permissible to prosecute the adulteress except on the basis of her husband’s lawsuit, except that if the husband committed adultery in the house where he lives with his wife, as indicated in Article 277, his case against her will not be heard.
Article 274: A married woman whose adultery is proven shall be sentenced to imprisonment for a period not exceeding two years, but her husband has the right to stop the execution of this ruling by his consent to her cohabitation with him as it was.
Article 275- The same penalty shall be imposed on the adulterer with that woman.
Article 276- Evidence that is accepted and is evidence against the accused of adultery is his arrest when she actually puts it on, or his confession, or the presence of correspondence or other papers written from him or found in a Muslim’s home in the place designated for the harem.
Article 277- Every husband commits adultery in the marital home and this matter is proven against him by the wife’s lawsuit shall be punished with imprisonment for a period not exceeding six months
The description of the crime directed at this agent is the crime of intimidation and extortion according to the text of Article 327 of the Penal Code, the following text: Whoever threatens another verbally by means of another person with a similar nature shall be punished with imprisonment for a period not exceeding two years or a fine not exceeding fifty pounds, whether the threat is accompanied by Commissioned or not. Every threat, whether in writing or verbally, by another person to commit a crime not reaching the foregoing gravity is punishable by imprisonment for a period not exceeding six months or a fine not exceeding twenty pounds
* Definition of Blackmail *
It is an attempt to obtain material or moral gain through moral coercion of the victim, by threatening to reveal secrets or private information. And blackmail in this way extends to all sectors, so we find what is called political blackmail, emotional blackmail and electronic blackmail. Electronic blackmail is blackmail that is carried out using modern technological capabilities against victims, most of whom are women, for physical or sexual blackmail.
Although it has become known to the majority of smart phone users that personal data and pictures can be stolen or lured the victim to obtain pictures or videos to be used later to blackmail the victim, yet Egypt has not legislated that can protect the victim from electronic extortion.
Therefore, we find that the victim complies in most cases to the blackmailer’s requests for fear of a scandal, especially since the trials are public and that the judgments are easy to overturn and thus the perpetrator’s escape from punishment, and that is because the judge makes an analogy with other articles in the penal code until he finds an appropriate punishment for the perpetrator, which is the matter that The law forbids it, “as there is no crime and no punishment without a stipulation.”
The elements of the crime of threat (extortion) are supported by rulings from the Egyptian Court of Cassation and its measurement on the aforementioned incident.
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