Decision No. (62) of 2010 on establishing a court and two specialised district prosecutions

Supreme Council of Judicial Bodies

Decision No. (62) of 1378 FDP/2010 AD

on establishing a court and two specialised district prosecutions

The Supreme Council of Judicial Bodies

Upon review of:

• Law No. (6) of 1374 FDP on the justice system;
• The Code of Criminal Procedure;
• Law No. (7) of 1990 on narcotics and psychotropic substances, and the amendments thereof;
• Law No. (19) of 1378 FDP on illegal migration;
• The Supreme Council of Judicial Bodies Resolution No. (2) of 1371 FDP/2003 AD on establishing a first instance court and prosecution in east Tripoli and modifying the jurisdiction of two first instance courts and prosecutions;
• The proposal of the Head of the Supreme Council of the Judicial Bodies during its ninth exceptional meeting of 1378 FDP held on 30/08/2010;

has decided:

Article (1)

A specialised district prosecution shall be established at the First Instance Court of East Tripoli under the designation of “Anti-Narcotics and Psychotropic Substances Prosecution”. This prosecution shall conduct investigations, file lawsuits, and proceed therewith as regards the crimes stipulated by Law No. (7) of 1990 and the amendments thereof. It shall report to the First Instance Prosecution of East Tripoli. It shall have the jurisdiction of the courts of al-Swani and the first instance courts of North and East Tripoli. It shall have its headquarters at the premises of the First Instance Prosecution of East Tripoli.

Article (2)

The indictment chamber of the First Instance Court of East Tripoli shall hear the cases referred thereto by the First Instance Prosecution of East Tripoli in the crimes stipulated by the foregoing article.

Article (3)

A specialised district court shall be established at the First Instance Court of North Tripoli under the designation of “Illegal Migration Court”. This court shall hear and decide on the cases pertaining to the felonies stipulated by Law No. (19) of 1378 FDP. It shall have the jurisdiction of the courts of al-Sawani and the first instance courts of South and East Tripoli. It shall have its headquarters at the premises of the First Instance Court of North Tripoli.

Article (4)

The indictment division of the First Instance Court of North Tripoli shall hear the cases referred thereto by the First Instance Prosecution of North Tripoli in the crimes stipulated by the foregoing article.

A specialised district prosecution shall be established at the Illegal Migration Court under the designation of “Illegal Migration Prosecution”. This prosecution shall conduct investigations, file lawsuits, and proceed therewith as regards the crimes stipulated by aforementioned Law No. (19) of 1378 FDP. It shall report to the First Instance Prosecution of North Tripoli, and it shall have the jurisdiction of the Illegal Migration Court. It shall have its headquarters at the premises of the First Instance Court of North Tripoli.

Article (5)

Any provision that contravenes the provisions of this decision shall be repealed.

Article (6)

This decision shall be implemented by the concerned entities. It shall enter into force from its date of issuance and it shall be published in the Code of Procedure.

Supreme Council of Judicial Bodies – Libya

31 August 1378 FDP

Corresponding to 31/08/2010 AD