Decision No. (44) of 2012 on establishing two first instance courts and prosecutions and amending the area of jurisdiction of a court of appeal, appeal prosecution, and first instance court

Supreme Judicial Council

Decision No. (44) of 2012

on establishing two first instance courts and prosecutions

and amending the area of jurisdiction of a court of appeal, appeal prosecution,

and first instance court

The Supreme Judicial Council,

Upon review of:

• The Constitutional Declaration issued on 3/8/2011 and amendments thereto;
• Law No. (6) of 2006 on the justice system and amendments thereto;
• The proposal of the Judicial Body Inspection Department in Letter No. 600 dated 2/9/2012;
• Based on the submission of the head of the Supreme Judicial Council in the Council’s 7th meeting of 2012 held on 27/6/2012 and the approval of the Council.

has decided:

Article (1)

A first instance court within the area of jurisdiction of the Zawia Court of Appeals shall be established, called the “Nalut First Instance Court.” Its headquarters shall be in the city of Nalut and its area of jurisdiction shall be defined as the areas of jurisdiction of the summary courts of Nalut, Ghadamis, Kabaw, Wazzin, Sinawin, and Dirj.

A first instance prosecution shall be established within the area of the court’s jurisdiction called the “Nalut First Instance Prosecution,” to which the summary prosecutions of Kabaw, Nalut, Wazzin, Sinawin, Dirj, and Ghadamis shall be affiliated.

Article (2)

A first instance court within the area of jurisdiction of the Zawia Court of Appeals shall be established, called the “Zintan First Instance Court.” Its headquarters shall be in the city of Zintan and its area of jurisdiction shall be defined as the areas of jurisdiction of the summary courts of Zintan, Al-Riyayna, Al-Qalaa, and Yefren.

A first instance prosecution shall be established within the area of the court’s jurisdiction called the “Zintan First Instance Prosecution,” to which the summary prosecutions of Zintan, Al-Riyayna, Al-Qalaa, and Yefren shall be affiliated.

Article (3)

The area of jurisdiction of the Jadu First Instance Court shall be defined as the areas of jurisdiction of the summary courts of Jadu, Al-Ruhaibat, Al-Rujban, Tiji, and Al-Haraba.

The area of jurisdiction of the Jadu First Instance Prosecution shall be defined as the area of the court’s jurisdiction, to which the summary prosecutions of Jadu, Al-Ruhaibat, Al-Rujban, Tiji, and Al-Haraba shall be affiliated.

Article (4)

Cases falling within the jurisdiction of the Nalut and Zintan First Instance Courts under Article (1) shall be referred to these two courts unless they have been postponed until sentencing.

Cases falling within the jurisdiction of the Nalut and Zintan First Instance Prosecutions under Article (1) shall be referred to these two prosecutions, unless they have been disposed.

Article (5)

Any provision that conflicts with those of this Decision shall be repealed.

Article (6)

This Decision shall enter into force at the beginning of the 2012-2013 judicial year. The concerned bodies shall implement this Decision and it shall be published in the Official Gazette.

The Supreme Judicial Council – Libya

Issued on 7 Shaaban 1433 AH

Corresponding to: 27/06/2012 AD