Law No. (7) of 2005 on abolishing the People’s Court

Law No. (7) of 1373 FDP

on abolishing the People’s Court

The General People’s Congress,

• In implementation of the resolutions of the Basic People’s Congresses in their general annual session of 1370 FDP;

Upon review of:

• The Declaration on the Establishment of the Authority of the People;
• The Great Green Charter of Human Rights in the Jamahiriyan Era;
• Law No. (20) of 1991 AD on the promotion of freedom;
• Law No. (1) of 1369 FDP on the People’s Congresses and People’s Committees;
• The Penal Code and amendments thereto;
• The Code of Criminal Procedure and amendments thereto;
• The Code of Civil and Commercial Procedure and amendments thereto;
• Justice System Law No. (51) of 1976 AD;
• Law No. (5) of 1988 AD on establishing the People’s Court and amendments thereto;
• Law No. (4) of 1430 FBP on the People’s Court;

formulated the following Law:

Article (1)

The People’s Court and the People’s Prosecution Bureau, established under the aforementioned Law No. (5) of 1988 AD, shall be abolished.

Article (2)

The competencies and powers assigned to the People’s Court and the People’s Prosecution Bureau under the aforementioned Law No. (5) of 1988 AD shall be transferred to the competent or specialised courts and prosecutions.

Article (3)

With the exception of the preceding Article, the jurisdiction to review challenges related to the people’s selection process shall be transferred to the People’s Courts in accordance with the procedures set out by the Secretariat of the General People’s Congress.

Article (4)

Proceedings and cases being heard before the People’s Court and the People’s Prosecution Bureau shall be referred to the competent or specialised court or public prosecution in their current status at the time this Law enters into force.

Criminal cases being heard before the appeals circuit of the People’s Court shall be referred to the misdemeanour or petty offence appeals circuit at the competent or specialised court for a decision thereon, if the incident is a misdemeanour or petty offence. If the incident is a felony, the Prosecutor-General shall refer the case to the competent criminal court or the specialised court of appeal to retry the accused in accordance with the indictment, without prejudice to Article (379) of the Code of Criminal Procedure.

This paragraph shall apply to the aforementioned cases when challenges are filed against first instance rulings issued therein.

Article (5)

Members selected for the People’s Court and the People’s Prosecution Bureau shall return to the employment status they held prior to being selected.

Employees working at the People’s Court and the People’s Prosecution Bureau shall be transferred to the General People’s Committee for Justice, which shall adopt the necessary procedures with regard thereto.

Article (6)

All movable and immovable assets allocated to the People’s Court and the People’s Prosecution Bureau shall be transferred to the General People’s Committee for Justice.

The funds entered into the budget of the People’s Court and the People’s Prosecution Bureau shall be transferred to the budget of the General People’s Committee for Justice.

Article (7)

This Law shall enter into force from the date of its issuance and shall be published in the Legal Register and the various media.

The General People’s Congress – Libya

Issued in Sirte

On: 2 Dhu al-Hijja

Corresponding to: 12 January 1373 FDP