Law No. (6) of 1985 on criminalising mediation and nepotism

Law No. (6) of 1985

on criminalising mediation and nepotism

The General People’s Congress:

• In execution of the resolutions adopted by the Basic People’s Congresses in their third ordinary session from 1393-1394 FDP corresponding to 1985 AD, and formulated by the General Forum of People’s Congresses, People’s Committees, trade unions, syndicates, and professional associations (General People’s Congress) in its tenth ordinary session for the period of 5-9 Jumada al-Akhera 1394 FDP corresponding to 26 February to 2 March 1985.

And upon review of:

• The Penal Code
• Law No. (2) of 1979 on economic crimes and its amendment.

drafted the following law:

Article (1)

In the application of this law’s provisions, “mediation” and “nepotism” refers to any act that may affect entitlement to benefits or services provided by public legal persons and private legal persons with public interest, and that seeks to prevent, hinder, or otherwise prejudice the right of priority in obtaining these benefits or services.

Article (2)

Anyone who engages in mediation or nepotism or acts on the basis thereof shall be sentenced to imprisonment of no more than three months and a fine not exceeding five hundred LYD, or to either of these two penalties.

Conviction sentences for whoever engages in mediation or nepotism shall entail placement at the end of the list of entitled individuals. The sentence may also reclaim the benefits and services acquired through the criminal action.

Stays of execution may not be granted if the matter of the crime pertains to allocation of land, residences, or electricity or postal services.

Article (3)

The provisions of this law shall not prejudice the disciplinary accountability prescribed according to legislation in force. Conviction sentences shall prevent the convicted person from participating in the promotion processes of the secretariats of the Basic People’s Congresses, People’s Committees, trade unions, syndicates, and professional associations, unless he is rehabilitated.

Article (4)

Every citizen is entitled to inform concerned entities of any crime that violates the provisions of this law. The Public Prosecution – when it is informed of any of the crimes stipulated in this law – shall promptly initiate a criminal action and conduct it according to the prescribed legal procedures.

Article (5)

This law shall enter into force after sixty days from its publication in the Official Gazette.

General People’s Congress – Libya

Issued on 25 Shaaban 1394 FDP

Corresponding to 15 May 1985 AD