What is the difference between profiteering and conferring unlawful gain under Egyptian law?
Many people ask us: “What is the difference between profiteering and conferring unlawful gain?”, “What does profiteering by a public official mean?” and “What is the penalty for profiteering in Egypt?” The answer: profiteering and conferring unlawful gain are two forms of a single felony under Article 115 of the Egyptian Penal Code. In profiteering, a public official obtains a gain or benefit for himself from the performance of his office; in conferring unlawful gain, he obtains it for another person without right. The penalty is the same: aggravated imprisonment.
What does “profiteering” mean?
It is a felony committed by a public official (or a person treated as one under Article 119 bis) who obtains, or attempts to obtain, a profit or benefit for himself from an act of his office.
And what does “conferring unlawful gain” (tarbeeh) mean?
It is the second form within the same provision: the public official obtains, or attempts to obtain, a profit or benefit for another person, without right, from an act of his office. The term is a common label for this form, not a separate article.
What exactly is the difference?
| Point of comparison | Profiteering | Conferring unlawful gain |
|---|---|---|
| Beneficiary | The official himself | A person other than the official |
| Character of the benefit | A benefit derived from the office suffices, whether or not it is lawful, according to the Court of Cassation | The benefit must be without right |
| Provision | Article 115, Penal Code | Article 115, Penal Code |
| Penalty | Aggravated imprisonment | Aggravated imprisonment |
How is the offence committed?
Through any conduct in which the official exploits his office to serve a private interest, for himself or for another, such as using his authority or his employer’s resources for a benefit no one is entitled to. It is an offence of endangerment: a conflict between the private and the public interest is enough, even without actual harm.
Is the offence complete if the gain was never obtained?
Yes. A mere attempt to obtain the profit or benefit completes the offence, and later repayment does not extinguish criminal liability.
Can the beneficiary be held liable?
Yes, as an accomplice if an agreement with the official or assistance is proved. The beneficiary need not hold any official capacity.
Is profiteering the same as bribery?
People often ask us: “Is profiteering the same as bribery?” and “What is the difference between profiteering and bribery?” The answer is no. Bribery (Article 103 et seq.) consists of soliciting or accepting a gift or promise in return for an act of office, whereas profiteering is the exploitation of the office itself for a benefit. They are separate offences.
What should I do to avoid being implicated?
- Keep your duties separate from your own interests and those of your relatives.
- Do not take part in any decision in which you or another person has a private benefit.
- Ask in writing for the matter to be referred to someone else.
- Do not accept any benefit because of your position.
- Consult a lawyer before any step whose lawfulness you doubt.
What are my rights if I am accused?
- Do not sign any paper or record.
- Do not say a word except in the presence of your lawyer.
This article is based on the laws currently in force, including the Code of Criminal Procedure now in force; the new Law No. 174 of 2025 has been postponed until 1 October 2027.
What is the penalty?
Aggravated imprisonment (3 to 15 years), together with removal from office, restitution, a fine equal to the value of the profit or benefit obtained, and confiscation where applicable (Article 118, Penal Code).
Is the sentence subject to pardon, or must it be served in full?
There is no automatic pardon; a presidential pardon is discretionary and cannot be relied upon. Conditional release (Article 52 of the Prisons Organization Law) is discretionary, not mandatory: it may be granted after half of the sentence is served, subject to good conduct and no danger to public security, and provided the offence is not among those excluded by law. A lawyer verifies these conditions case by case.
What should I do if I cannot handle the situation and have fallen into trouble?
Do not act or sign anything before speaking with a lawyer specialised in criminal cases; the characterisation of the facts (profiteering, conferring unlawful gain, bribery or wilful damage to public funds) is fixed from the first investigation and changes the course of the whole case. If you have a problem and are unsure whether it falls under profiteering, conferring unlawful gain or another legal characterisation, and you want legal advice on it, you may consult a specialised lawyer.
If you are a party to a similar problem, keep our number with you or with a family member and call us immediately so we can step in as quickly as possible. Our team's experience in these cases saves you time and puts your rights on the right track from the first step. Call or WhatsApp: +20 120 855 5806.
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This article is general information for legal awareness and does not replace legal advice on your particular situation.