Law of Evidence at Libya
In Libya, the law of evidence is primarily governed by the 1953 Code of Criminal Procedure, with subsequent amendments and provisions influencing its application. These legal frameworks establish the rules for evidence collection, admissibility, and the conduct of judicial officers during criminal investigations.
📜 Legal Framework
1953 Code of Criminal Procedure
Article 37: Judicial officers may search individuals under police surveillance or suspects if there are grounds to believe they have committed a felony or misdemeanor.
Article 38: If strong circumstantial evidence against the accused or a person present in the accused's house is found during a search, the judicial officer may search them.
Article 39: Searches may only be conducted to look for items related to a crime. However, if items whose possession is an offense appear during the search, the judicial officer may seize them.
Article 40: Searches shall be conducted in the presence of the accused or their representative and two witnesses, preferably adult relatives, individuals residing with the accused, or neighbors.
Article 43: Judicial officers may seize documents, weapons, instruments, and any object that may have been used to commit the crime or is useful in uncovering the truth. Such items shall be shown to the accused, who shall be asked for comments.
Law No. (1) of 2000 – Code of Criminal Procedure of the Armed People
Article 64: If a person present at the investigation or trial is not sufficiently proficient in Arabic, questions shall be translated into a language understandable to the person by an interpreter appointed under oath by the court or the investigation authority.
Article 65: If, after a court hears a witness and notes their testimony, the court or members thereof are replaced, the bench of the new court may adjudicate based on the previous testimony. The court may, at its own discretion or at the reasonable request of the prosecution or the accused, summon all or some witnesses to give their testimony again.
Article 66: Documents, papers, reports, registers, and all other written evidence shall be read during trial. The court has the right to accept the same as grounds for proving or refuting the crime.
⚖️ Key Principles
Witness Testimony: Witnesses who are older than 14 years shall take an oath before testifying, undertaking to tell the truth, the whole truth, and nothing but the truth. Witnesses who have not attained 14 years of age shall give unsworn testimony for evidentiary purposes.
Witness Refusal: Ascendants, descendants, and relatives by blood or marriage to the second degree of the accused, including the spouse, even if divorced, have the right to refuse to testify against the accused, unless the crime was committed against the witness or their relatives by blood or marriage, if the person concerned reported the crime, or in the absence of other evidence.
Forgery of Documents: If an official document is judged to be completely or partially forged, the court which rejected its authenticity shall order its cancellation or correction, depending on the circumstances, whereby a record marking the document shall then be drafted.
🧠 Further Reading
For a more detailed understanding of evidence law in Libya, consider the following resources:
DCAF Legal Databases: Provides comprehensive information on Libyan laws, including the Code of Criminal Procedure and related legislation.
Libyan Penal Code: Offers insights into the legal provisions related to crimes and penalties in Libya.
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