Criminal law in Libya

The 2011 Constitutional Declaration provides the transitional constitutional framework. Islam is the state religion, Islamic Sharia is a principal source of legislation, and Arabic is the official language. The Penal Code قانون العقوبات dates from 1953 and was substantially amended by Law No. 48 of 1956. Criminal procedure is governed mainly by the 1953 Code of Criminal Procedure قانون الإجراءات الجنائية, including amendments such as Laws No. 18 of 1962, No. 3 of 2003 and No. 7 of 2014. Special laws remain decisive for particular conduct, including Law No. 7 of 1990 on narcotics, Law No. 11 of 1984 on traffic offences and Law No. 5 of 2022 on cybercrime. The Public Prosecution, النيابة العامة, has the ordinary exclusive authority to initiate criminal cases, investigate them, bring charges and represent the prosecution in court. The Prosecutor-General is النائب العام. Police, customs officials and certain municipal or agricultural officials may exercise judicial-officer powers, مأمورو الضبط القضائي. They record reports, interview witnesses and experts, preserve evidence and send files and seized items to the Public Prosecution. An investigating magistrate, قاضي التحقيق, and an Indictment Chamber, غرفة الاتهام, may become involved during the investigation and referral of felony cases. Criminal courts operate within the ordinary court structure, including Courts of First Instance, Criminal Courts, Courts of Appeal and the Supreme Court. Military prosecution and military courts have special jurisdiction, but their use for civilians is legally contested and practice is not uniform across eastern and western Libya. The legality principle means that conduct cannot constitute an offence and a penalty cannot be imposed unless a law provides for it. The law in force when the conduct occurred generally governs, while a later more favourable law can apply before a final judgment. Ignorance of the law is not normally a defence. Lawful defence, necessity, accident or force majeure can exclude responsibility in qualifying circumstances. Mental incapacity can exclude criminal responsibility, while partial incapacity can reduce a penalty. A person under 14 has no criminal responsibility under the stated rules. Protective measures can apply from age 7, and a person aged 14 to 17 can be responsible where capacity exists, with a reduced penalty and juvenile-specific treatment. A crime can be reported to the Public Prosecution or a judicial officer. Anyone may notify authorities about offences that do not require a personal complaint. For complaint-based offences, the victim or an authorised representative generally has three months from learning of the offence and the offender to submit an oral or written complaint. The Public Prosecution may dismiss a matter because no offence occurred or the evidence is insufficient. A victim or civil plaintiff may challenge a dismissal under the applicable procedure. Felony cases are generally referred through the Indictment Chamber. Searches are limited to objects connected with the crime and normally take place in the presence of the accused or a representative and two witnesses. Seized documents, weapons, instruments, proceeds and other useful objects should be sealed and recorded. In a felony investigation, an attorney is summoned before questioning or confrontation, subject to stated exceptions such as flagrante delicto or a risk that evidence will be lost. An accused person may refuse questioning, and court questioning requires the accused's consent under the supplied procedural rules. At trial, the accused receives the charge, may question prosecution witnesses through the defence process, and speaks last. Hearings are generally public, although a court may close them for public order or morality. Absentia judgments can occur, with retrial available after appearance or arrest under the governing rules. An arrest order may be issued in circumstances such as nonappearance, flight risk, an unknown address or flagrante delicto. An arrested person should be questioned immediately and handed to the Public Prosecution within 24 hours. Where sufficient evidence exists, provisional detention can apply to a felony or to a misdemeanour carrying more than three months' imprisonment. The Public Prosecution can order detention for up to six days after arrest, followed by judicial extensions under statutory procedures that include periods of 30 days and further 90-day routes. Release, bail, residence requirements, police reporting and location restrictions may be available. Statutory deadlines do not guarantee actual release or timely proceedings: United Nations reporting for 2024 and 2025 describes arbitrary arrest and detention, prolonged pretrial detention, inadequate legal representation, coercive confessions, torture, deaths in custody and restricted family or medical access. Armed or security detention can bypass formal procedures, so the responsible authority, detention location and access to a lawyer require independent verification. A felony accused person has a formal right to an attorney during investigation and trial. The Indictment Chamber or court can appoint counsel where the accused has not selected one. Access to counsel may be restricted in practice, and no comprehensive current nationwide table of legal-aid costs or services is established in the supplied research. A Judicial Assistance Committee may waive an appeal surety. Civil plaintiffs can join a criminal case to seek compensation or restitution, but they may have to advance legal, expert and witness costs. A victim can seek civil relief in a civil court if a criminal claim is rejected or abandoned, but cannot request the accused's detention. Prosecution accepts civil-rights status within three months under the stated procedure. A minor or mentally disabled victim may receive a custodian, approved charity placement or mental-health placement until adjudication. Principal penalties include death, life imprisonment, imprisonment, detention and fines. Accessory penalties can remove civil rights, prohibit a profession or activity, restrict legal capacity or publish a conviction. Imprisonment ordinarily ranges from three to 15 years unless a special law provides otherwise, while detention ordinarily ranges from 24 hours to three years. Statutory text provides for execution by firing squad, but actual execution, commutation, pardon and suspension practice require case-specific verification. Time spent in provisional custody is deducted from a sentence. Simple detention of up to six months may allow work outside prison under the applicable rules. The Juvenile Court, محكمة الأحداث, operates within each Court of First Instance. It handles offenders aged 14 to under 18, preventive measures, misdemeanours and petty offences, while felony cases follow the specified referral process. Measures can include a rehabilitation school, a designated place, a recognised charity or a custodian instead of detention. Juvenile proceedings consider social situation, environment and motivation; hearings are closed, verdicts are public, and parents or guardians receive notices and may appeal. Felony defence is mandatory for juveniles, and child victims can receive special care under Article 330. Traffic offences remain part of criminal law. Traffic police can exercise judicial-officer powers, and cases may involve licensing, vehicle seizure, speeding, red-light violations, unsafe equipment, phone use, driving under the influence of alcohol or drugs and negligent injury or death. The statutory text provides imprisonment and licence withdrawal for driving under the influence, with licence withdrawal from one to three years, while negligent injury or death can lead to imprisonment, a fine and licence withdrawal. Fine-only violations may use immediate payment, a short payment period, prosecution or a court penal order. Amounts stated in older dinar legislation require current verification. The Cybercrime Law No. 5 of 2022 contains 53 articles and can apply when conduct occurs wholly or partly in Libya or foreign conduct produces effects in Libya. It addresses unauthorised access, interception, interference with systems or data, misuse of passwords or decryption tools, identity-tool misuse, digital forgery, pornography or indecency, prostitution incitement, trafficking, money laundering, terrorist assistance, trademark misuse and eavesdropping. The National Authority for Information Security and Safety has supervisory functions that include requesting blocking measures. Encryption, VPN use and speech-related conduct require case-specific legal review. Formal access to criminal justice is possible for Libyan and foreign persons, but language, detention authority, lawyer access and security control affect practical access. Court fees, bail and collateral costs depend on the procedure and claim.