Mubarak, who was forced from office in February, is being charged with consenting to a plan to kill protesters in Cairo’s Tahrir Square on January 25, according to Adel Saeed, a spokesman for the prosecutor’s office. Mubarak ordered police officers to use live ammunition while they fired into the crowd of protesters, Saeed said.

The former president could be executed if he is convicted of ordering the killing of protesters, Egyptian Justice Minister Mohamed Abdelaziz al-Juindy said earlier this month. An Egyptian police officer accused of killing 20 protesters during a January 28 demonstration was given a death sentence Monday.

Mubarak has been held in a military hospital in Cairo since mid-April, after complaining of heart palpitations and blood pressure problems. But Aly Hassan, a judicial analyst affiliated with the ministry, said Egyptian courts can proceed with a case if a defendant is in poor health.