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Part IV: Judicial Authorities: Role in the Security Sector

Decision No. (4) of 2008 on the judicial inspection regulation

Supreme Council of Judicial Bodies

Decision No. (4) of 1376 FDP 2008 AD

on the judicial inspection regulation

The Supreme Council of Judicial Bodies

Upon review of:

  • Law No. (6) of 1374 FDP on the justice system;
  • Law No. (87) of 1971 on the State Lawsuits Authority;
  • Law No. (4) of 1981 on establishing the Department of People’s Legal Defence;
  • Law No. (6) of 1992 on establishing the Law Department;
  • Law No. (1) of 1375 FDP on the work system of People’s Congresses and People’s Committees;
  • General People’s Committee Decree No. (72) of 1372 FDP on organising the administrative unit of the General People’s Committee for Justice;
  • General People’s Committee for Justice and National Security Decree No. (1001) of 1371 FBP on the judicial body inspection regulation;
  • Supreme Council of Judicial Bodies Decision No. (3) of 1376 FDP 2008 AD on adopting the Code of Ethics and Conduct for members of judicial bodies in the Great Jamahiriya;
  • The minutes of the first meeting of the Supreme Council of Judicial Bodies of 1376 FDP – 2008 AD convened on 07/01/1376 FDP – 2008 AD;

has decided:

Chapter (1)

Organising the Judicial Body Inspection Department and Determining its Functions

Article (1)

The Judicial Body Inspection Department shall be organised and its competencies, rules and work procedures shall be determined in accordance with the stipulations of this decision.

Article (2)

The Department’s headquarters shall be in the city of Tripoli. It shall have a branch within the circuit of each court of appeals. Offices may be created therefor within the circuits of certain first instance courts by virtue of a decree issued by the Council Chairman on the basis of the proposal of the Department president.

The Department shall be comprised of a president, deputies, and a number of members with grades that are not below judges in the court of appeals or the equivalent thereof.

A sufficient number of judicial body members with grade not below judges or the equivalent thereof shall be delegated for work in the Department by virtue of a decree issued by the Council. The grade of the Department president may not be below that of court of appeals president.

Article (3)

The Department president shall be responsible for distributing work between the inspectors. If the president is absent or unable to carry out his functions, the most senior, followed by the next most senior deputy, then inspector, shall act on his behalf. In the event that one of the branch or office heads is absent or unable to carry out his functions, the Department president shall appoint someone to take his place.

Pursuant to Article (1) of Supreme Council of Judicial Bodies Decision No. (53) of 2010 on amending Decision No. (4) of 2008 on the judicial inspection regulation:

Article (4)

The Department shall be responsible for inspecting all judicial body members to monitor their activities and the extent to which they are committed to performing the duties of their positions well, to achieve the performance levels prescribed by virtue of the provisions of this regulation, to investigate complaints filed against them, to initiate disciplinary cases against them and carry them out before the Supreme Council of Judicial Bodies. The Department may conduct urgent and spot inspections of the activities and behaviours of the members.

It shall also be responsible for the following:

  1. All necessary information and data on candidates for judicial positions; prepare judicial movement including proposals for appointments, transfers and promotions.
  2. Review the decisions of the general assemblies of courts, provide opinions therein, and inform the Council Chairman of the necessary amendments to those decisions.
  3. Nominate judicial body member candidates for training courses, educational missions and attending forums inside the country and abroad in coordination and cooperation with the relevant bodies.
  4. Provide opinions on the transfer, delegation and secondment of judicial body members, grant them special unpaid leaves, or leaves to pursue full-time higher education nationally or abroad.
  5. Inspect and monitor the activities of public notaries to monitor the extent to which they take care to perform the duties of their positions in accordance with the law, investigate complaints filed against them, refer violators to the Secretary of the General People’s Committee for Justice to take disciplinary procedures against them. The Department may conduct urgent and spot inspections of their activities.
  6. Administrative and clerical inspection of the administrative and clerical activities of judicial body employees.
  7. Receive, collect, review, tabulate and classify monthly and yearly statistics received from the judicial bodies to verify their accuracy.

Article (5)

The Department president shall be responsible for issuing the necessary publications and instructions for the organisation and successful performance of judicial work. It shall also prepare a unified guide for judicial inspection, as well as one for the administrative and clerical inspection of judicial bodies and the members or employees thereof in accordance with the rules stipulated in this regulation.

Article (6)

The Department president shall submit a yearly report to the Supreme Council of Judicial Bodies specifying the work the Department undertook as well as its recommendations for improving the workflow in judicial bodies.

Chapter (2)

Technical Inspection Rules and Procedures

Article (7)

Technical inspections of the activities of judicial body members nominated for promotion up to the grade of president of first instance court must be performed, for conflict of interest, or its equivalent, to verify their adequacy in performing their functions.

The Department president shall determine the duration of the inspection and the date for submitting inspection reports to the Department or its competent branch.

The inspector shall be higher in grade than the person whose work he is inspecting.

Inspection shall be performed in the Department’s headquarters, in its competent branch, by transporting the inspector to the place of work of the person being inspected, or in a place determined by the Department president.

The Department or its competent branch shall, on the basis of the inspector’s request, request case data, information and files directly from the judicial body in which the person being inspected is employed. The competent president of the judicial body or its branch shall provide the Department or branch with the case files requested to perform the inspection, which shall be given to the inspector upon his signature as long as it is not being deliberated in sessions or being adjudicated by the judicial body, in order to be examined by the relevant body. In all cases, the inspector must indicate thereon that the files have been reviewed thereby and the date of review. He shall return anything transferred to him to the Department or branch within a period of two weeks from the date of submitting the inspection report.

Article (8)

The inspector shall be responsible for examining and reviewing the work of the person being inspected during the period of inspection. He shall mention the legal actions and documents related thereto in the remarks section, indicating that they have been reviewed along with his signature and proof of the date of review.

The inspection report shall include the cases and subjects completed by the inspected in accordance with the prescribed performance rates, as well as the judicial, legal and administrative remarks the inspector observes during the inspection. It shall also include the inspector’s opinion regarding the integrity of the inspected person’s work, the extent to which he follows judicial, legal and jurisprudential activity, and attends the training courses he is nominated to attend.

Article (9)

Reports on the work of judges shall include a complete statement on the following:

  1. The number and types of cases brought before the judge during the period of inspection, the cases he adjudicated during this period, the cases the inspector reviewed and his remarks thereon.
  2. The remarks of the inspector on the postponement of cases in regards to the reason for postponement and how appropriate is the postponement.
  3. The dates for opening and initiating the sessions, monitoring the extent of the judge’s successful management of the session, the method of distributing the cases across the session days, and any remarks the inspector may have in this regard.
  4. A statement of whether circuit presidents distribute the cases equally amongst their members in terms of number and importance.
  5. The extent to which the judge frames the justifications of his rulings in a justifiable legal way and submits them on time.
  6. The extent to which the judge supervises the workflow in court registrars and minutes, determines the extent to which the same abide by the work deadlines, and verifies the speed of implementing the provisions and orders of the court by reporting them to the various competent bodies by the fixed deadlines. This shall be within the limits of his competencies and powers.
  7. Monitoring and reviewing the records and minutes maintained by the court registrars, and the procedures taken therein during the specified periods. This shall be within the limits of the competencies and powers thereof.
  8. The extent to which he performs his original functions as well as those appointed thereto either within or outside the circuit of the court.
  9. How sound is his use of the discretionary power granted to him by the law and the adequacy of the legal or objective cover for the use thereof.
  10. The extent to which he takes care to send his personal statistics during the first week of each month.
  11. The extent to which he takes care to maintain the judicial pocketbook, record therein his statistics and the functions assigned to him, and submit it to the judicial inspector upon request.

* Reports related to the work of prosecution members shall include a complete statement on:

  1. The number and types of cases brought before the prosecution member during the period of inspection, the action he took thereon during this period, whether by initiating the case, retaining its papers, or deciding to dismiss, and how active he was in acting on cases and the justifications for not acting on the others.
  2. Any investigations undertaken thereby and their types, the extent to which he takes care to move quickly to the location of the criminal incident, the extent to which he monitors the investigations and the completion thereof, the level of care he gives to the proceedings thereof and the extent to which he is serious and timely in fulfilling the same.
  3. How sound is his evaluation of evidence and adherence to the legal text in recording and describing the incident.
  4. The extent of his readiness for pleading and his ability to respond to topics that may arise in the sessions from either the defence or legal pleas.
  5. The extent to which he monitors the implementation of rulings and researches grounds for appeal.
  6. The extent of his supervision over administrative and clerical activities, control of violations committed and taking of the necessary procedures in this regard.
  7. The extent of his adherence to work deadlines.
  8. Verification of his adherence to work rotation and the valid implementation thereof.
  9. The extent of validity of his discretion in issuing imprisonment and release orders and other similar orders pursuant to the discretionary authority granted thereto by the law.
  10. The extent to which he takes care to send his personal statistics within the first week of each month.
  11. The extent to which he takes care to keep a judicial pocketbook in which he records the functions assigned to him and his statistics, and which he submits to the judicial inspector upon request.

Article (10)

Reports concerning members of the State Lawsuits Authority and the Department of People’s Legal Defence shall include a complete statement on the following:

  1. The number and types of cases and disputes executed by the member during the period of inspection and the actions of the member in regard to each of them.
  2. The extent of the member’s commitment to his work in terms of attending sessions, submitting a report on the proceedings of each one to the president of the competent department and the extent of his monitoring of rulings and research on grounds to appeal them. This shall be determined by virtue of the inspector reviewing the case files.
  3. The member’s monitoring and review of cases, collection of their elements, and writing of briefs therein, as well as the extent to which he takes care to attach the necessary documents to the case file.
  4. The care he takes to exchange briefs and submit them during the designated dates, and to not request the postponement of a case without necessity.
  5. The extent of the member’s discretion with the facts brought before him and the proper legal characterisation thereof, as well as the extent to which he monitors legislative developments and prior convictions.
  6. The extent of his adherence to official work deadlines.
  7. The extent of his readiness for pleading and his ability to respond to topics that may arise from either the defence or legal pleas.
  8. The extent to which he takes care to send his personal statistics within the first week of each month.
  9. The extent to which he takes care to keep a judicial pocketbook in which he records the functions assigned thereto and his statistics, and which he submits to the judicial inspector upon request.

* Reports related to Law Department members shall include a complete statement on:

  1. The number of topics of opinion requests referred to the inspected person and his actions in their regard.
  2. The extent of the member’s care for his work in terms of completing cases brought before him and participation in committees whose membership is assigned thereto.
  3. The extent of the member’s valid evaluation of the facts brought before him and their proper legal characterisation, and his monitoring of the conditions that require researching and studying the topic.
  4. The extent to which the member monitors the legislative and jurisprudential developments in the field of his work.
  5. The extent to which he adheres to official work deadlines.
  6. Any other information the inspector considers necessary to include in the report.
  7. The extent to which he takes care to send monthly statistics within the first week of each month.
  8. The extent to which he takes care to keep a judicial pocketbook in which he records the functions assigned thereto and his statistics, and which he submits to the judicial inspector upon request.

Article (11)

In all cases, the inspector’s report shall include any other remarks alongside the information mentioned in the preceding two articles. He may exhibit any work outside the inspection period that he deems to comprise a grave professional error. He shall notify the inspection authority thereof before completing the report. He must also mention any errors or shortcomings found in the inspected person’s functions as well as a statement of the aspects of correctness. Also included in the report shall be the best rulings, decisions, orders, or briefs written by the inspected person, as well as any legal opinions reached thereby in order to formulate a complete picture of the inspected person’s adequacy.

The inspected person must submit to the inspector any act performed outside of the inspection period that he considers worth mentioning. These functions shall be subject to evaluation as a reference and source. These functions shall not have been submitted and considered during a previous inspection.

Article (12)

The Inspection Department shall be responsible for preparing reports on judicial body members nominated for promotion in accordance with the promotion regulations stipulated in the legislation in force and the prescribed performance rates and regulations. The reports must meet all terms and conditions stipulated in this regulation and must include the judicial, legal and administrative remarks and behavioural faults as well as any unjustified postponement in examining cases or investigations or preparing defences therein observed by the Department. The following shall be considered examples of unjustified postponement: postponement of review, postponement for a period exceeding two weeks to attend the defence or prepare, repeated postponement to extend the time period for pronouncing the ruling as well as returning cases to pleading after closing them for adjudication without a reasonable justification, and other similar postponements.

Article (13)

If the person being inspected is the director of a court or prosecution, a branch, office or division of the State Lawsuits Authority, Department of People’s Legal Defence or the Law Department, then upon the preparation of the inspection report, his technical work must be evaluated with consideration of the administrative functions performed thereby by virtue of his position.

Article (14)

The functions of judicial body members appointed to head administrative committees with judicial competency shall be performed by examining and reviewing their functions during the inspection period in accordance with the characterisation specified in this regulation with consideration of the participation of others therewith in issuing the decision.

Article (15)

The functions of judicial body members delegated on a full-time basis or seconded to performed legal functions outside of the judicial bodies shall be inspected by examining the work of the inspected person in the headquarters of the Inspection Department or the competent branch thereof, according to the case, or by transferring the inspector to the headquarters of the inspected person’s work in order to perform the inspection.

In all cases, the inspector shall receive a copy of the legal functions performed by the inspected person.

The inspected person may directly submit to the inspector the activities he deems to be useful to identify how competent he is. These functions shall be subject to evaluation as a reference and a source.

The inspection of the activities of delegated or seconded judicial body members shall be limited to the sole examination of their legal and judicial functions.

Article (16)

The degree of adequacy of judicial body members engaged in full-time study either within the country or abroad shall be evaluated upon their completion of the designated duration of study in accordance with the legislation in force in this regard. Every year, the member being inspected shall submit to the Inspection Department or its competent branch, according to the case, a certificate from the competent body indicating his adherence to his full-time studies. Upon completing the duration of study, he must submit a transcript of his results. The matter shall be brought before a degree of adequacy assessment committee to specify the degree of adequacy in light of the reports and certificates submitted by the member.

If it becomes apparent to the committee that the member being inspected had ended his studies after the period designated therefor and failed to submit indication that he had received an extension of the period from the competent bodies, this period shall not be calculated as part of the service period in calculating promotion, provided that this delay is not caused by a matter outside of the member’s control.

Article (17)

The Department president shall form one or more committees to evaluate the degree of adequacy of the persons being inspected. The committees shall include a number of inspectors and each one shall be comprised of three members – not including the inspector that drafted the report. The inspection report shall be brought before them to be examined and for the degree of adequacy of the inspected person to be evaluated from the total reports prepared therefor during the judicial year. It shall issue its decision by virtue of a majority vote. The decisions thereof shall be justified if they are average or below average. It shall be signed by all committee members and deposited in the file of the person being inspected.

The grade “adequate” shall only be granted to actual workers of the judicial bodies on the condition that the inspection report is free from any remark and contains references of their work.

The committee’s decision shall only enter into effect upon being approved by the Department president. In the event that he does not approve the report, he shall return it to the committee accompanied with his remarks. The latter shall reassess it within a period of no more than one week from the date of presentation or transfer it to a different committee formed for this purpose.

Article (18)

If the inspection report fails to meet the terms and conditions stipulated in this regulation, or is insufficient to give a grade of “adequate” for the person being inspected, or if the work thereof is insufficient to give a grade of “adequate,” the committee shall order re-inspection if possible. If not possible, the committee shall refrain from granting a grade of “adequate” and present the matter before the Department president with a justified decision to exclude the report from the promotion statements. The person being inspected shall be notified of this decision in accordance with the procedures stipulated in Article (19).

Article (19)

The person being inspected shall be notified with a copy of the report after its approval. A record shall be kept in a registrar accompanied by indication of his receival thereof in person with a signature indicating receival. If some of the remarks included in the report are related to work undertaken by more than one judicial body member, a picture thereof shall be sent to the member being inspected, and a copy of the judicial observations shall be sent to every member of these bodies that participated in this work.

The person being inspected shall have the right to appeal the result of the inspection report before the Supreme Council of Judicial Bodies if it is “average” or “below average” within thirty days from the date of notification. The appeal shall entail the submission of his petition to the Secretariat of the Council, accompanied by the supporting documents for his requests. The employee receiving the appeal shall indicate the date of delivery. Anyone that was notified with a copy of remarks may also appeal the decision by following the same procedure.

Article (20)

The evaluation of the degree of adequacy shall be final if it is not objected to within the timeframe designated in the preceding article, or if a decision is made in regards to the objection

Article (21)

The promotion of a judicial body member requires his obtainment of an adequate evaluation grade of “above average” or “adequate.”

The Department president shall notify the president of the Supreme Council of Judicial Bodies of the names of judicial body members that obtained two consecutive reports with a grade below average, or three reports of a grade of average. Their matter shall then be brought before the Supreme Council of Judicial Bodies in order for the necessary measures to be taken in their regard in accordance with the procedures stipulated in the Judicial System Law.

Chapter (3)

Judicial Body Member Performance Rates

and the Bases and Regulations Related Thereto

Article (22)

Performance rates for judicial body members shall be determined in accordance with the bases and regulations related thereto as stipulated in the following articles.

Article (23)

Performance rates for judges shall be as follows:

First: Performance rate for judges in criminal courts:

  1. 40 cases per month or 400 cases per year if the cases are mixed between criminal, civil, and personal status.

30 cases per month or 300 cases per year if all cases are civil or personal status.

  1. 60 cases per month or 600 cases per year if all cases are criminal.

Second: Performance rate for judges in first instance courts:

  1. 16 cases per month or 160 cases per year for civil, personal status, commercial and labour cases.
  2. 16 cases per month or 160 cases per year for appeal cases in civil and personal status matters, misdemeanours, and violations at appeal.
  3. 60 cases per month or 600 cases per year for a single indictment chamber circuit.
  4. If a judge in the first instance circuits has work in an individual circuit, the performance rate in the two circuits shall be reduced by half.
  5. The performance rate of a judge in the triple circuits shall be calculated by dividing the number by three.

Third: Performance rate for counsellors in appeal courts:

  1. 10 cases per month or 100 cases per year for misdemeanours for which suspects are tried in person.
  2. 10 cases per month or 100 cases per year for civil, commercial, personal status, and real estate appeal cases.
  3. 10 cases per month or 100 cases per year for administrative cases.
  4. 20 cases per month or 200 cases per year for misdemeanours for which suspects are tried in absentia.
  5. The performance rate of a counsellor shall be calculated by dividing the number by three.
  6. If the rate includes misdemeanours tried in absentia and others tried in person, each two cases tried in absentia shall be calculated as if they were one case tried in person.

Article (24)

Performance rates for public prosecution members shall be as follows:

  1. 50 cases per month or 500 cases per year for public prosecution members in criminal prosecutions.
  2. 40 cases per month or 400 cases per year for public prosecution members in total prosecutions.
  3. 40 cases per month or 400 cases per year for public prosecution members in appeal prosecutions assigned to criminal circuits.
  4. 20 cases per month or 200 cases per year for public prosecution members in appeal prosecutions assigned to administrative circuits.
  5. 20 cases per month or 200 cases per year for public prosecution members in the office of the public prosecutor.
  6. Legal opinion briefs and pleading, appeal and shortcoming briefs shall be considered equivalent to a performance rate unit.

Article (25)

Performance rates for other judicial body members and those delegated or devoted full-time to their studies shall be as follows:

  1. 20 cases per month or 200 cases per year for each State Lawsuits Authority member.
  2. 20 cases per month or 200 cases per year for each Department of People’s Legal Defence member.
  3. 10 subject matters per month or 100 subject matters per year for each Law Department member.
  4. 30 subject matters per month or 300 subject matters per year for each judicial body member delegated to work outside of their original institutions.
  5. Members devoted full-time to their studies shall be evaluated by their completion of study programs in the designated timeframes in accordance with the legislation in force in this regard.
  6. The following shall be considered performance rate measurement units: memorandum of appeal at cassation; notice of appeal; legal opinion brief; pleading brief; statement of claim; response memorandum; commentary on one of the Supreme Court’s principles; proposal to amend laws and regulations; any research paper no less than three pages in a field related to judicial work.

Article (26)

Performance rates for judicial body members in entities whose yearly received cases are less than the minimum prescribed limit for completing work shall be determined in terms of the aforementioned received cases referred to the member.

Article (27)

Judicial body members shall not be asked about their inability to meet the performance rate if the reasons therefor were outside of their control, and it has been confirmed that they have taken the necessary legal procedures to remove the reasons for failing to meet the performance rate.

Article (28)

The State Lawsuits Authority must notify the competent regulatory entities if any of the agencies it represents refrains from or is delayed in responding to its requests or in supplying the Department with the necessary documents for its defence within the designated timeframe.

The presidents of the branch and the division must monitor the important cases and review the defence and defence’s briefs while ensuring that they not miss the deadlines. They shall, along with the assigned member, be disciplinarily and criminally responsible for missing appeal deadlines as well as any grave negligence or shortcoming. They must contact the Department, the responsible personnel therein, and the Law Departments through all available means in order to provide the requested documents and responses. They must also notify the presidents thereof, and the supervisory and public prosecution entities of any negligence or shortcoming. If they fail to do so, they shall be deemed negligent.

Article (29)

Postponing the examination of a case without necessity shall be prohibited, as shall postponing cases concerning imprisoned persons for a period exceeding one week and postponing any other case for a period exceeding one month.

Postponing a case more than twice for the same reason shall also be prohibited.

Article (30)

Postponing the examination of a case for the court’s review, or extending the time period for pronouncing a ruling thereon more than once shall be prohibited. Postponement shall not exceed one month and the case shall be adjudicated within the timeframe to which it was postponed.

The competent president of the court shall take the necessary action to schedule the session for an earlier date upon learning of its unjustified postponement.

Article (31)

Court presidents shall review session journal records to verify the regularity thereof, regular documentation of procedures therein, as well as the validity thereof and lack of any erasure, interlineation, crossing out, omissions or additions. They shall indicate that the records are reviewed at least once per month.

Article (32)

The yearly statistic for the court, prosecution, State Lawsuits Authority branch, or Department of People’s Legal Defence branch shall be calculated by using the public registry for cases received during the completed year added to the remaining cases from the same year, or previous years. This shall be in accordance with the tally and inventory of remaining cases at the end of the completed year.

The yearly statistic must include the number of cases transferred from previous years, those that were received during the year and were either completed or are still pending, the percentage of completion, and the number of judges or judicial body members that executed the work.

Monthly statistics for judges shall be calculated month-by-month using the session journals. For public prosecution members and members of other judicial bodies, the statistics of their activities shall be calculated by tallying the cases brought before the member during the month. In all cases, the monthly statistic must indicate the cases brought and completed, and the completion percentage.

Article (33)

A personal monthly and yearly statistic must be prepared for each judicial body member by the member himself personally in the form of a special judicial brief prepared for this purpose. Recorded therein shall be the movement of the member’s cases. The statistic must include the cases transferred from previous years, those that were received during the period for which the statistic is prepared, as well as those that were completed.

This statistic shall not obviate the need for the general monthly and yearly statistic of the judicial body.

Article (34)

The statistics shall be prepared on the form designated for this purpose and attached to this regulation. The form shall include the name and position of the person that prepared the statistic and must be reviewed by the relevant judicial body member.

It shall be approved by the president of the court, public prosecution, or judicial body according to the circumstances and referred to the Judicial Body Inspection Department and its branches. Included therein shall be the opinion thereof in relation to any shortcomings or weakness in the work and a proposal for remediation.

Article (35)

The statistics must be prepared from numerous copies. One copy shall be sent to the Judicial Body Inspection Department and its branches within ten days of the year’s end or the month for which the statistic was prepared through the Secretariat’s post, public people’s post, by use of telegraph or other available modern means.

Article (36)

The president of the court, public prosecution, State Lawsuits Authority branch, or Department of People’s Legal Defence branch shall keep an expanded statistics file in his office that contains the aforementioned statistics, a qualitative statistic for all cases, a temporal statistic exhibiting the oldest cases year-by-year, and a statistic of the delayed cases and the reasons for their delay.

Article (37)

The Department president shall refer a periodic report to the Supreme Council of Judicial Bodies every three months containing the statistics of the courts, prosecutions and other judicial bodies on the designated forms therefor. Attached thereto shall be any remarks deemed necessary thereby.

Chapter (4)

Regular and Spot Inspection

Article (38)

* The Department president shall specify the periods for carrying out the regular and spot inspection of judicial bodies and their members in order to survey the regularity of judicial work therein and the extent to which each of their employed members are committed to undertake the duties of their position. This inspection shall be carried out by Department members in accordance with the distribution determined by virtue of a decision issued by the Department president.

* Department branches shall perform spot inspections of judicial bodies and their members within the scope of each branch’s jurisdiction. The purpose of the inspection shall be to reveal erroneous phenomena such as: tardiness in attendance and opening sessions, failure to submit justifications on time, absence of lawyers or public prosecution members, convening sessions in offices despite the existence of halls, late deadlines, unjustifiably resubmitting cases for pleading, failure to refer felonies referred to the court of appeals, failure to set its sessions, failure to wear judicial attire, lack of attentiveness to session journals, poor administration of sessions and failure to abide by the delivery record in receiving and submitting cases. The branch president shall submit surprise inspection reports to the Department president for the latter to take the appropriate measures in their regard and make them available to the adequacy evaluation committee to take the remarks contained therein into consideration when evaluating the degree of adequacy.

* The Department member and competent branch president may recommend to the Department president that the latter directs a judicial observation to a member of a judicial body that was shown by the inspection report to have undermined the duties of his position on a minor level, or made a minor technical error. Upon being issued, the observation shall be added to the member’s file and he shall be notified thereof. The member may object to this remark in accordance with the procedures stipulated in Article (19) of this regulation.

Article (39)

Court presidents, advocates-general, presidents of the State Lawsuits Authority, People’s Public Defence Department and Law Department and the branches and offices thereof, each within its jurisdiction, shall perform surprise field inspections of the body over which they preside in order to check the workflow and extent to which the employees therein are committed to undertaking their duties. The Department president shall be notified of the result of this inspection.

Article (40)

Presidents of the judicial bodies mentioned in the preceding article, each within their jurisdiction, shall monitor daily administrative work in the body over which they preside in order to ensure the successful workflow and survey aspects of administrative shortcoming of a technical nature. They shall specifically check for the following:

  1. The extent to which the judges adhere to opening sessions on time, the suitability of postponing the examination of cases in terms of justification and duration, and ensuring that ruling justifications are filed on time.
  2. The extent of the prosecution member’s dedication to his work, care taken to investigate and dispose of cases assigned thereto, and his attendance of sessions assigned thereto.
  3. The extent to which members of the State Lawsuits Authority and Department of People’s Legal Defence care for the cases assigned thereto, monitor their publication, attend their sessions, and abstain from requesting the postponement of their examination without necessity.
  4. The extent to which Law Department members take care to complete the subject matters referred thereto and follow up on fulfilment and dedication in their work.
  5. The extent of adherence to the delivery record in submitting and receiving cases, the uniformity of these records, and the writing of names in a clear way with signature and date, and without excluding a single person therefrom.
  6. The extent of regular adherence to the index of case files and filing of documents organised in the file by date of receipt.

They shall submit a report containing the result thereof every six months to the Department president. These reports shall be made available to the adequacy evaluation committee to take the observations contained therein into consideration when evaluating the degree of adequacy of the person being inspected.

Article (41)

Each judicial body member shall have two files kept in the Inspection Department – one personal and the other confidential.

Appointment decisions and their rationales, as well as promotion, transfer, delegation and secondment decisions, as well as other decisions and documents related to a judicial body member’s professional life shall be entered into his personal file.

Inspection reports, judicial observations, and sanctions inflicted on a judicial body member, and investigation results for complaints filed against him shall be entered into the confidential file.

The member shall be made aware of all remarks or other papers related to his position or conduct entered into his confidential file.

Pursuant to Article (1) of Supreme Council of Judicial Bodies Decision No. (53) of 2010 on amending Decision No. (4) of 2008 on the judicial inspection regulation:

Article (42)

Each judicial body member shall have two files kept in the Judicial Body Inspection Department – one personal and the other confidential. Appointment decisions and their rationales, as well as promotion, transfer, delegation and secondment decisions, as well as other decisions and documents related to a judicial body member’s professional life shall be entered into his personal file. Inspection reports, judicial observations, any sanctions against a judicial body member and investigation results for complaints filed against him shall be entered into the confidential file.

The member shall be made aware of all remarks or other papers related to his position or conduct entered into his confidential file.

Each public notary shall have a personal file into which the decision of his record, any changes that arise in regards to his professional position and any procedures or sanctions taken against him shall be entered. The public notary shall be notified of everything entered into his personal file, as well as any complaints, remarks on his work, and any penalties against him.

Article (43)

Only the Supreme Council of Judicial Bodies, the president thereof, and the relevant judicial entities shall have the right to view the confidential file and record stipulated in the preceding two articles.

Chapter (5)

Complaints and Discipline

Article (44)

The Department and its branches shall be responsible for receiving complains filed against all judicial body members and recording them in a special registry in the Department or branch according to its date of receipt, indicating therein the measures taken in its regard. This registry shall be considered confidential and may only be viewed by the persons mentioned in Article (43).

Article (45)

The Inspection Department or its branch, according to the case, shall examine the complaints and verify the validity of the contents thereof. The branch president shall refer the complaints to the Department president along with an opinion memorandum. In all cases, if the Department president deems administrative investigation necessary, a Department employee shall be delegated to carry out the same. If the complaint is against a person with a grade of court of appeals counsellor or higher, or a member of a different judicial body of the same grade, the investigation thereof shall be performed by the Department president or a president of a court of appeals delegated specifically for this purpose.

Article (46)

Measures may only be taken in complaints against judicial body members if the name and domicile of the person submitting the complaint is specified therein, as well as the topic of the complain, and as long as it does not cover specific matters deemed worthy of examination or investigation by the Department president or branch president.

If the complaint is due to a delay in adjudication or action, or slackness in executing a procedure, the Department or branch president may refer it to the president of the court, prosecution, or competent judicial body according to the case. Whoever the complaint is referred to by virtue of this article shall notify the Inspection Department of the reasons that caused the delay and the measures taken thereby to remove the reasons for the complaint.

Article (47)

Action shall be taken in regards to the complaint on the basis of a decision issue by the Department president either by alerting the violator – in accordance with Article (83) of the Judicial System Law – or by initiating a disciplinary case or by sending a judicial observation, in accordance with Article (38) of this regulation, or by archiving the complaint. If the examination or investigation reveals a criminal offense, a copy of the papers shall be sent to the public prosecution. If the complaint contains an insult to a judicial body member or an attack on an instrument of the judiciary that constitutes a criminal offence, the public prosecution shall be notified.

Article (48)

Advocates-general and first instance prosecution presidents shall immediately notify the Inspection Department and its competent branch of any investigation or accusation of a judicial body member. They shall also notify the same if the name thereof is included in investigatory or evidentiary minutes in facts that may constitute a disciplinary or behavioural error that does not suit the dignity and morals of the profession, even if he is not a suspect.

Article (49)

The promotion of judicial body members undergoing administrative or criminal investigation may be postponed by virtue of a decision issued by the Department president until the matter being investigated is adjudicated.

Article (50)

Any action that prejudices honour, dignity or morals, or the duties of the profession, as well as any shortcoming or negligence therein and any violation of the Code of Conduct and Behaviour for judicial body members in Libya, and the failure to adhere to the attendance of training courses without justified excuse, shall be considered a mistake punishable by disciplinary action. Also punishable thereby shall be the failure of full-time student to complete their studies during the designated period and failure to commence working immediately following the completion of studies, provided that the above is without a justified excuse.

Article (51)

The Inspection Department shall quickly investigate the complaints sent thereto and notify the Supreme Council of Judicial Bodies of its decisions in this regard.

Chapter (6)

Administrative and Clerical Inspection

Article (52)

The Judicial Body Inspection Department shall be responsible for the administrative and clerical inspection of the administrative and clerical actions of judicial body employees in order to assess the extent to which they are committed to performing the duties of their positions, as well as to examine and investigate complaints submitted against them. It shall perform urgent and spot inspections of their activities.

Article (53)

Upon the inspector’s execution of administrative and clerical inspection, he shall be responsible for monitoring proper administrative workflow in judicial bodies, especially the following:

  1. The extent to which employees abide by official work hours.
  2. The extent of the validity and integrity of documentation in official judicial body registers and that all information is filled out in clear and legible handwriting.
  3. The extent of integrity of archiving important documents and papers in the files, confirming that the contents of the files are organised in the index, and bounding the documents in the files with fastening strings.
  4. The integrity of maintaining the archives in an organised fashion that facilitates the flow of daily reviews.
  5. The extent to which treasury secretaries abide by the financial regulations, integrity of maintaining and collecting fees and duties, validity of the inventory, and facilitation of services for reviewers.
  6. The extent of adherence to preparing the statistics requested by the Secretariat and Department in a correct fashion and sending them on time.
  7. The extent to which bailiffs adhere to implementing the rulings and commands in a correct fashion and on time.

Article (54)

The president of the Judicial Body Inspection Department shall determine, by virtue of a decision issued thereby, the program for administrative and clerical inspection of judicial body employee actions, as well as the timeframe for executing them and date for submitting inspection reports in the Department or its competent branch.

Article (55)

The Inspection Department or its competent branch shall be responsible for examining and investigating complains submitted against judicial body employees and acting therein pursuant to the legislation in force in this regard.

Article (56)

The administrative and clerical inspection report shall be prepared in two copies. One of the copies shall be kept in the branch, and the second copy shall be sent to the Department in order for the same to send a copy thereof to the president of the judicial body by which the employee is employed in order for the former to review, monitor and take the necessary measures in this regard.

Article (57)

When inspecting administrative actions, the judicial inspector may have recourse to certain experienced employees. However, he must perform the task of inspection by himself.

Pursuant to Article (2) of Supreme Council of Judicial Bodies Decision No. (53) of 2010 on amending Decision No. (4) of 2008 on the judicial inspection regulation:

Chapter (7)

Inspection of Public Notaries

Article (58)

The Judicial Body Inspection Department shall monitor the actions of public notaries and take legal procedures against any them that are in violation. It shall undertake the following:

  1. Receive complaints and notifications submitted against public notaries, record them in the registry designated therefor, immediately display the important and urgent complaints and notifications to the Department president.
  2. Examine received complaints after recording them in the registry, prepare a proposal in their regard by either archiving them or delegating an inspector for the examination or investigation thereof, display the same before the Department president with a proposed delegation decision attached in order for the latter to take measures in this regard.
  3. Maintain a registry for disciplinary cases requested to be filed against public notaries, in which the information and procedures taken in their regard as well as any rulings issued therefor shall be recorded. Keep a copy of the ruling in the personal file of the public notary and take the necessary measures for the implementation thereof.
  4. Prepare indictments and supporting evidence therefor in disciplinary cases that are to be filed against public notaries, display them before the Department president in a comprehensive file containing the investigation results and all documents related thereto to be adopted and referred to the Secretary of the General People’s Committee for Justice, in order for the Secretary to decide which of them should be referred to the Disciplinary Council in terms of jurisdiction.
  5. Coordinate with the relevant agencies to work on tallying and monitoring all cases of criminal investigation or criminal trial conducted against public notaries, record them in a special registry, and prepare a report on the results obtained and the extent of their effect on the professional centre for public notaries.

Article (59)

A copy of the documents that public notaries are responsible for documenting shall be submitted to the Inspection Department every month on the date stipulated in Article (20) of the law. The Inspection Department president shall bring the public notary’s attention to any delay in providing it with a copy of the documents. If the delay is repeated, a report thereon shall be submitted to the Secretary so that he may take any necessary measures.

Article (60)

The Department president shall specify the periods for conducting regular and spot inspections of public notaries to verify the extent to which there are orderly and take care to perform the tasks of their positions in accordance with the law. Department members shall perform this inspection on the basis of a work distribution or appointment decision issued by the Department president.

Article (61)

If it becomes apparent to the Inspection Department that one of the documents contains an error or omission, the public notary shall be notified thereof and work on amending the mistake or omission. This shall not prejudice the Department’s carrying out the necessary investigation, if it deems such necessary.

The Supreme Council of Judicial Bodies – Libya

Issued on: 13/January/1376 FDP

Corresponding to: 13/01/2008 AD

Index of Forms Attached to the Judicial Inspection Regulation

Number of Form

Preceded by “H”

Title of Form

Remarks

1

Yearly statistic of Court of Appeal activities

2

Monthly statistic of Court of Appeal activities

3

Personal monthly statistic for counsellors

4

Monthly statistic for Court of Appeal circuits

5

Personal yearly statistic for counsellors

6

Personal yearly statistic for judges in First Instance Court

7

Personal monthly statistic for judges in First Instance Court

8

Monthly statistic of commitment orders in First Instance Court

9

Yearly statistic of commitment orders in First Instance Court

10

Monthly statistic for First Instance Court circuits

11

Monthly statistic of First Instance Court activities

12

Yearly statistic of First Instance Court activities

13

Statistic for courts in Libya

14

Yearly statistic for First Instance Court circuits

15

Personal monthly statistic for prosecution members

16

Personal yearly statistic for prosecution members

17

Monthly statistic of First Instance Prosecution activities

18

Yearly statistic for First Instance Prosecution

19

Monthly statistic of number of rulings implemented in First Instance Prosecution

20

Yearly statistic of number of rulings implemented in Advocate-general’s office

21

Monthly statistic of number of rulings implemented in Advocate-general’s office

22

Yearly statistic of number of rulings implemented in First Instance Prosecution

23

Personal monthly statistic of activities of State Lawsuits Authority members

24

Personal yearly statistic of activities of State Lawsuits Authority members

25

Yearly statistic of State Lawsuits Authority branch activities

26

Monthly statistic of State Lawsuits Authority branch activities

27

Personal yearly statistic of People’s Legal Defence member activities

28

Yearly statistic of Department of People’s Legal Defence branch activities

29

Monthly statistic of Department of People’s Legal Defence branch activities

30

Personal monthly statistic of People’s Legal Defence member activities

31

Personal yearly statistic of Law Department member activities

32

Monthly statistic of Law Department activities

33

Personal monthly statistic of Law Department member activities

34

Yearly statistic of Law Department activities

Great Socialist People’s Libyan Arab Jamahiriya Form H1


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Yearly statistic of ………. Court of Appeal activities. Year 200…

No.

Type of case

Carried over from previous year

Received during the year

Total brought

Adjudicated by rulings

Cases completed without rulings

Remaining carried over to next year

No. of counsellors

1

Civil

2

Personal status

3

Criminal

4

Administrative

5

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Court President

Signature: ………………………………………………….

Date: ……………………………………………………….

  • At the end of the year, the case files in situ should be counted, compared with those in the records, and anything that needs to be corrected should be corrected.
  • Cases completed by other than rulings, such as those completed through expungement or reconciliation, or by considering the appeal as if it never was, etc.
  • The circuits’ total received qualitative cases, such as received civil cases, shall be calculated in each circuit.
  • The statistic shall be sent within the first week of the beginning of the year.

Great Socialist People’s Libyan Arab Jamahiriya Form H2


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Monthly statistic of ………… Court of Appeal activities. Month…. 200…

No.

Type of case

Postponed to month from previous months

New received in month

Total brought in month

Adjudicated by rulings

Cases completed without rulings

Remaining postponed outside of month

Total in circulation before the circuits

No. of counsellors

1

Civil

2

Personal status

3

Criminal

4

Administrative

5

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Court President

Signature: ………………………………………………….

Date: ……………………………………………………….

  • The total in circulation is the number of all cases brought before the circuit, apart from those brought in the month for which the statistic is requested, which are the cases distributed across the months of one or more years, or those for which sessions have yet to be scheduled.
  • Cases postponed to the month from the previous months are the cases that entered in the month by postponement from previous sessions, whether recently or a long time ago. Newly received cases are those for which the first session will be held during this month.
  • Cases completed by other than rulings, such as dismissed cases, those for which action has been ceased, or those that ended in reconciliation, etc.
  • Each case shall be calculated one time per month, even if it has been postponed numerous times during that month. The session clerk must indicate the same in the daily register so that the case is not counted twice.

Great Socialist People’s Libyan Arab Jamahiriya Form H3


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Personal monthly statistic of Professor……. Counsellor in ………. Court of Appeals activities. Month:… 200…

No.

Type of case

Brought

Adjudicated by rulings

Cases completed without rulings or decisions

Remaining

No. of cases for which justifications were written

1

Civil

2

Criminal

3

Administrative

4

Personal status

Total

Prepared by the counsellor for which the personal statistic is requested

Name …………………………………………… Approved by:

Title: ………………………………………………………. Court President

Signature: ………………………………………………….

Date: ……………………………………………………….

  • Cases completed by other than rulings, such as expunged cases, those for which action has been ceased, or those that ended in reconciliation, etc.
  • A case shall be calculated as brought one time per month, even if it has been postponed numerous times during that month. The session clerk must indicate the same in the daily register so that the case is not counted twice.

Great Socialist People’s Libyan Arab Jamahiriya Form H4


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Monthly statistic of ………… Court of Appeal activities. Circuit:……… Month:…. 200…

Total in circulation before the circuits

Postponed to month from previous months

New received in month

Total brought in month

Adjudicated by rulings

Cases completed without rulings

Remaining postponed outside of month

Names of counsellors

No. of cases for which justifications were written

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Court President

Signature: ………………………………………………….

Date: ……………………………………………………….

  • The total in circulation is the number of all cases present before the circuit, apart from those brought in the month for which the statistic is requested, which are the cases distributed across the months of one or more years, or those for which sessions have yet to be scheduled.
  • Cases postponed to the month from the previous months are the cases that entered into the month by postponement from previous sessions, whether recently or a long time ago. Newly received cases are those for which the first session will be held during this month.
  • Cases completed by other than rulings, such as dismissed cases, those for which action has been ceased, or those that ended in reconciliation, etc.
  • Each case shall be calculated one time per month, even if it has been postponed numerous times during that month. The session clerk must indicate the same in the daily register so that the case is not counted twice.

Great Socialist People’s Libyan Arab Jamahiriya Form H5


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Personal yearly statistic of Professor……… Counsellor in …….……. Court of Appeal activities.
Year: 200…

No.

Type of case

Brought

Adjudicated by rulings

Cases completed without rulings or decisions

Remaining

No. of cases for which justifications were written

1

Civil

2

Criminal

3

Administrative

4

Personal status

Total

Prepared by the counsellor for which the personal statistic is requested

Name …………………………………………… Approved by:

Title: ………………………………………………………. Court President

Signature: ………………………………………………….

Date: ……………………………………………………….

  • Cases completed by other than rulings, such as dismissed cases, those for which action has been ceased, or those that ended in reconciliation, etc.
  • A case shall be calculated as brought one time per month, even if it has been postponed numerous times during that month. The session clerk must indicate the same in the daily register so that the case is not counted twice.

Great Socialist People’s Libyan Arab Jamahiriya Form H6


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Personal yearly statistic of Brother ………. Judge in ………… First Instance Court activities.
Year: 200…

No.

Type of case

Total in circulation before his circuits

Those brought during the month

Adjudicated by rulings

Cases completed without rulings or decisions

Remaining

Percentage of completion

No. of cases for which justifications were written

1

Civil

2

Personal status

3

Criminal

4

Commitment orders

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Court President

Signature: ………………………………………………….

Date: ……………………………………………………….

  • Cases completed by other than rulings, such as dismissed cases, those for which action has been ceased, or those that ended in reconciliation, etc.
  • A case shall be calculated as brought one time per month, even if it has been postponed numerous times during that month. The session clerk must indicate the same in the daily register so that the case is not counted twice.
  • The meaning of total in circulation is all cases present before the circuit at the beginning of the year.

Great Socialist People’s Libyan Arab Jamahiriya Form H7


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Personal monthly statistic of Brother ………. Judge in ………… First Instance Court activities. Month:….. / 2008

No.

Type of case

Total in circulation before his circuits

Those brought during the month

Adjudicated by rulings

Cases completed without rulings or decisions

Remaining

Percentage of completion

No. of cases for which justifications were written

1

Civil

2

Personal status

3

Criminal

4

Commitment orders

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Court President

Signature: ………………………………………………….

Date: ……………………………………………………….

  • Cases completed by other than rulings, such as dismissed cases, those for which action has been ceased, or those that ended in reconciliation, etc.
  • A case shall be calculated as brought one time per month, even if it has been postponed numerous times during that month. The session clerk must indicate the same in the daily register so that the case is not counted twice.
  • The meaning of total in circulation is all cases present before the circuit for which sessions have been scheduled during the month as well as those for which sessions have yet to be scheduled.

Great Socialist People’s Libyan Arab Jamahiriya Form H8


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Monthly statistic of commitment orders in ……….…… First Instance Court and its divisions. Year: 200…

Brought

Adjudicated

Remaining

Percentage of completion

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Court President

Signature: ………………………………………………….

Date: ……………………………………………………….

  • At the end of the month, the case files in situ should be counted, compared with those in the records, and anything that needs to be corrected should be corrected.
  • The statistic shall be sent within the first week of the beginning of the month.
  • Detailed statistics are not requested for circuits; thus, they shall be collected qualitatively based on the circuit.

Great Socialist People’s Libyan Arab Jamahiriya Form H9


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Yearly statistic of commitment orders in ………………… First Instance Court and its divisions. Year: 200….

Brought

Adjudicated

Remaining

Percentage of completion

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Court President

Signature: ………………………………………………….

Date: ……………………………………………………….

  • At the end of the month, the case files in situ should be counted, compared with those in the records, and anything that needs to be corrected should be corrected.
  • The statistic shall be sent within the first week of the beginning of the year.
  • Detailed statistics are not requested for circuits; thus, they shall be collected qualitatively based on the circuit.

Great Socialist People’s Libyan Arab Jamahiriya Form H10


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division (Circuit statistic)

Monthly statistic of ……… First Instance/Criminal Court activities. Circuit:…… Month:… 200…

Total in circulation before the circuits

Postponed to month from previous months

New received in month

Total brought in month

Adjudicated by rulings

Cases completed without rulings

Remaining postponed outside of month

Names of counsellors

No. of cases for which justifications were written

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Court President

Signature: ………………………………………………….

Date: ……………………………………………………….

  • The total in circulation is the number of all cases present before the circuit, apart from those brought in the month for which the statistic is requested, which are the cases distributed across the months of one or more years, or those for which sessions have yet to be scheduled.
  • Cases postponed to the month from the previous months are the cases that entered in the month by postponement from previous sessions, whether recently or a long time ago. Newly received cases are those for which the first session will be held during this month.
  • Cases completed by other than rulings, such as dismissed cases, those for which action has been ceased, or those that ended in reconciliation, etc.
  • Each case shall be calculated one time per month, even if it has been postponed numerous times during that month. The session clerk must indicate the same in the daily register so that the case is not counted twice.

Great Socialist People’s Libyan Arab Jamahiriya Form H11


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Monthly statistic of …… First Instance Court and its divisions activities. Month:….200…

No.

Type of case

Transferred from before

Received during the month

Total brought in the month

Adjudicated by rulings

Cases completed without rulings

Remaining

No. of judges

Cumulative total of cases before the circuits

1

Civil

2

Personal status

3

Criminal

5

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Court President

Signature: ………………………………………………….

Date: ……………………………………………………….

  • At the end of the month, the case files in situ should be counted, compared with those in the records, and anything that needs to be corrected should be corrected.
  • Cases completed by other than rulings, such as those completed through dismissal or reconciliation, or by considering the appeal to not have been, etc.
  • The statistic shall be sent within the first week of the beginning of the month.
  • Detailed statistics are not requested for circuits; thus, they shall be collected qualitatively based on the circuit.
  • Cases postponed within the same month must only be calculated once.

Great Socialist People’s Libyan Arab Jamahiriya Form H12


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Yearly statistic of ……… First Instance Court and its divisions activities. Month:… 200…

No.

Type of case

Transferred from previous year

Received during the year

Total brought in the year

Adjudicated by rulings

Cases completed without rulings

Remaining

No. of judges

Cumulative total of cases before the circuits

1

Civil

2

Personal status

3

Criminal

5

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Court President

Signature: ………………………………………………….

Date: ……………………………………………………….

  • At the end of the year, the case files in situ should be counted, compared with those in the records, and anything that needs to be corrected should be corrected.
  • Cases completed by other than rulings, such as those completed through dismissal or reconciliation, or by considering the appeal to not have been, etc.
  • The statistic shall be sent within the first week of the beginning of the month.
  • Detailed statistics are not requested for circuits; thus, they shall be collected qualitatively based on the circuit.
  • Cases postponed within the same month must only be calculated once.

Great Socialist People’s Libyan Arab Jamahiriya Form H13


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Monthly or yearly statistic of activities of all courts for month / year 200

submitted to the Supreme Council of Judicial Bodies

No.

Name of court

Cumulative number in circulation

Brought during the month

Adjudicated

Remaining

Percentage of completion

1

Tripoli – Appeals

2

Benghazi – Appeals

3

Zawiya – Appeals

4

Misrata – Appeals

5

6

Sabha – Appeals

7

Specialty Appeals

8

State Security Appeals

9

Zawiya – First Instance

10

Ajaylat – First Instance

11

Gharyan – First Instance

12

Jadu – First Instance

13

Al-Swani – First Instance

14

North Tripoli – First Instance

15

South Tripoli – First Instance

16

East Tripoli – First Instance

17

Specialty Tripoli

18

Misrata – First Instance

19

Zliten – First Instance

20

Khoms – First Instance

21

Tarhuna – First Instance

22

Bani Walid – First Instance

23

Sirte – First Instance

24

North Benghazi – First Instance

25

South Benghazi – First Instance

26

Hizam al-Akhdar – First Instance

27

Ajdabiya – First Instance

28

Marj – First Instance

29

Al-Bayda’ – First Instance

30

Darnah – First Instance

31

Tobruk – First Instance

32

Sabha – First Instance

33

Wadi al-Hayaa – First Instance

34

Jufra – First Instance

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Department President

Signature: ………………………………………………….

Date: ……………………………………………………….

Great Socialist People’s Libyan Arab Jamahiriya Form H14


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division (Yearly statistic for circuit)

Yearly statistic of …….. First Instance/Criminal Court activities. Circuit:……… Year: 200…

Transferred to circuit from last year

Cases received during the year

Total

Adjudicated by rulings

Cases completed without rulings

Transferred to next year

Names of judges

No. of cases for which justifications were written

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Court President

Signature: ………………………………………………….

Date: ……………………………………………………….

  • The total in circulation is the number of all cases present before the circuit, apart from those brought in the month for which the statistic is requested, which are the cases distributed across the months of one or more years, or those for which sessions have yet to be scheduled.
  • Cases postponed to the month from the previous months are the cases that entered into the month by postponement from previous sessions, whether recently or a long time ago. Newly received cases are those for which the first session will be held during this month.
  • Cases completed by other than rulings, such as dismissed cases, those for which action has been ceased, or those that ended in reconciliation, etc.
  • Each case shall be calculated one time per month, even if it has been postponed numerous times during that month. The session clerk must indicate the same in the daily register so that the case is not counted twice.

Great Socialist People’s Libyan Arab Jamahiriya Form H15


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Personal monthly statistic of Brother ……. Member of public prosecution in …… First Instance Prosecution and its divisions activities. Month: /

No.

Type of case

Brought before

Adjudicated

Remaining

Percentage of completion

Remarks

1

Felonies

2

Misdemeanours

3

Petty offenses

4

Administrative complaints

5

Accidents

6

Suicide

7

Rehabilitations

8

Opinion and appeal briefs

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Prosecution President

Signature: ………………………………………………….

Date: ……………………………………………………….

Great Socialist People’s Libyan Arab Jamahiriya Form H16


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Personal yearly statistic of Brother ………. Member of public prosecution in …….… First Instance Prosecution and its divisions activities. Year: ….

No.

Type of case

Brought before

Adjudicated

Remaining

Percentage of completion

Remarks

1

Felonies

2

Misdemeanours

3

Violations

4

Administrative complaints

5

Accidents

6

Suicide

7

Rehabilitations

8

Opinion and appeal briefs

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Prosecution President

Signature: ………………………………………………….

Date: ……………………………………………………….

Great Socialist People’s Libyan Arab Jamahiriya Form H17


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Monthly statistic of …..…. First Instance Prosecution and its divisions activities. Month:… 200…

No.

Type of case

Transferred from before

Received during the month

Total

Adjudicated

Remaining

Percentage of completion

1

Felonies

2

Misdemeanours

3

Petty offenses

4

Administrative complaints

5

Accidents

6

Suicide

7

Rehabilitations

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Prosecution President

Signature: ………………………………………………….

Date: ……………………………………………………….

Great Socialist People’s Libyan Arab Jamahiriya Form H18


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Yearly statistic of …… First Instance Prosecution and its divisions activities. Year: 200….

No.

Type of case

Transferred from last year

Received during the year

Total

Adjudicated

Remaining

Percentage of completion

1

Felonies

2

Misdemeanours

3

Petty offenses

4

Administrative complaints

5

Accidents

6

Suicide

7

Rehabilitations

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Prosecution President

Signature: ………………………………………………….

Date: ……………………………………………………….

Great Socialist People’s Libyan Arab Jamahiriya Form H19


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division Implementation Statistic

Monthly statistic of number of rulings implemented in ……….. First Instance Prosecution and its divisions. Month:… 200…

No.

Type of case

General total

Ruled during the month

Total

Implemented during month

Remaining

Percentage of completion

1

Rulings in absentia

2

Legal rulings in presentia by default

3

Criminal orders

4

Rulings in presentia

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Prosecution President

Signature: ………………………………………………….

Date: ……………………………………………………….

Great Socialist People’s Libyan Arab Jamahiriya Form H20


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division Implementation Statistic

Yearly statistic of number of rulings implemented in Advocate-general’s office. Year: 200…

No.

Type of case

General total

Ruled during the year

Total

Implemented during the year

Remaining

Percentage of completion

1

Rulings in absentia for felonies

2

Rulings in presentia for felonies

3

Fine rulings

4

Confiscation rulings

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Prosecution President

Signature: ………………………………………………….

Date: ……………………………………………………….

Great Socialist People’s Libyan Arab Jamahiriya Form H21


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division Implementation Statistic

Monthly statistic of number of rulings implemented in Advocate-general’s office. Month:… 200…

No.

Type of case

General total

Ruled during the month

Total

Implemented during the month

Remaining

Percentage of completion

1

Rulings in absentia for felonies

2

Rulings in presentia for felonies

3

Fine rulings

4

Confiscation rulings

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Prosecution President

Signature: ………………………………………………….

Date: ……………………………………………………….

Great Socialist People’s Libyan Arab Jamahiriya Form H22


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division Implementation Statistic

Yearly statistic of number of rulings implemented in ……….. First Instance Prosecution and its divisions. Month:… 200…

No.

Type of case

General total

Ruled during the year

Total

Implemented during the year

Remaining

Percentage of completion

1

Rulings in absentia

2

Legal rulings in presentia by default

3

Criminal orders

4

Rulings in presentia

5

Confiscation rulings

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Prosecution President

Signature: ………………………………………………….

Date: ……………………………………………………….

Great Socialist People’s Libyan Arab Jamahiriya Form H23


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Personal monthly statistic of Brother ….…… Member of State Lawsuits Authority activities.
Branch:…………. Year: 200…

Total cases that remained in the possession

thereof from the previous month

Total cases referred thereto during the month

Number of statements of claim prepared thereby

Number of pleading or response memoranda prepared thereby

Number of memoranda of cassation or appeal prepared thereby

Number of sessions attended thereby

Number of legal opinion briefs, studies, or comments

This statistic should be prepared by the member himself. He shall keep a statement of case numbers and copies of briefs to provide the inspector therewith upon request.

Signature: ………………………………………………….

Date: ……………………………………………………….

  • At the end of the month, the case files and legal activities in situ should be counted, compared with those in the records, and anything that needs to be corrected should be corrected.
  • The statistic shall be sent within the first week of the beginning of the month.
  • The number of the member’s legal activities must be no less than the performance rate.

Approved by branch president:

Great Socialist People’s Libyan Arab Jamahiriya Form H24


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Personal yearly statistic of Brother ………… Member of State Lawsuits Authority activities.
Branch:…………. Year: 200…

Total cases that remained in the possession

thereof from the previous year

Total cases transferred thereto during the year

Number of services of process prepared thereby

Number of pleading or response memoranda prepared thereby

Number of memoranda of cassation or appeal prepared thereby

Number of sessions attended thereby

Number of legal opinion briefs, studies, or comments

This statistic should be prepared by the member himself. He shall keep a statement of case numbers and copies of briefs to provide the inspector therewith upon request.

Signature: ………………………………………………….

Date: ……………………………………………………….

  • At the end of the year, the case files and legal activities in situ should be counted, compared with those in the records, and anything that needs to be corrected should be corrected.
  • The statistic shall be sent within the first week of the beginning of the year.
  • The number of the member’s legal activities must be no less than the performance rate.

Approved by branch president:

Great Socialist People’s Libyan Arab Jamahiriya Form H25


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Yearly statistic of State Lawsuits Authority branch …….… activities. Year: 200…

Total brought

Completed (number of cases ruled)

Remaining

Percentage of completion

Number of members

Against the Authority

For the Authority

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Branch President

Signature: ………………………………………………….

Date: ……………………………………………………….

  • At the end of the year, the case files in situ should be counted, compared with those in the records, and anything that needs to be corrected should be corrected.
  • The statistic shall be sent within the first week of the beginning of the year.

Great Socialist People’s Libyan Arab Jamahiriya Form H26


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Monthly statistic of State Lawsuits Authority branch …… activities. Month:… Year: 200…

Total brought

Completed (number of cases ruled)

Remaining

Percentage of completion

Number of members

Against the Authority

For the Authority

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Branch President

Signature: ………………………………………………….

Date: ……………………………………………………….

  • The statistic shall be sent within the first week of the beginning of the month.

Great Socialist People’s Libyan Arab Jamahiriya Form H27


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Personal yearly statistic of Brother …… Member of the Department of People’s Legal Defence activities. Branch:…………. Office:……… Month:…… 200…

Total cases that remained in the possession

thereof from the previous year

Total cases transferred thereto during the year

Number of services of process prepared thereby

Number of pleading or response memoranda prepared thereby

Number of memoranda of cassation or appeal prepared thereby

Number of sessions attended thereby

Number of legal opinion briefs, studies, or remarks

This statistic should be prepared by the member himself. He shall keep a statement of case numbers and copies of briefs to provide the inspector therewith upon request.

Signature: ………………………………………………….

Date: ……………………………………………………….

  • At the end of the year, the case files and legal activities in situ should be counted, compared with those in the records, and anything that needs to be corrected should be corrected.
  • The statistic shall be sent within the first week of the beginning of the year.
  • Each member must take care to complete no fewer legal activities than the performance rate.

Approved by branch or office president:

Great Socialist People’s Libyan Arab Jamahiriya Form H28


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Yearly statistic of Department of People’s Legal Defence …… branch activities. Year: 200…

Total brought

Completed (number of cases ruled)

Remaining

Percentage of completion

Number of members

Won

Lost

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Branch President

Signature: ………………………………………………….

Date: ……………………………………………………….

  • At the end of the year, the case files in situ should be counted, compared with those in the records, and anything that needs to be corrected should be corrected.
  • The statistic shall be sent within the first week of the beginning of the year.

Great Socialist People’s Libyan Arab Jamahiriya Form H29


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Monthly statistic of Department of People’s Legal Defence …… branch activities. Month:… 200…

Total brought

Completed (number of cases ruled)

Remaining

Percentage of completion

Number of members

Won

Lost

Total

Prepared: Name …………………………………………… Approved by:

Title: ………………………………………………………. Branch President

Signature: ………………………………………………….

Date: ……………………………………………………….

  • At the end of the month, the case files in situ should be counted, compared with those in the records, and anything that needs to be corrected should be corrected.
  • The statistic shall be sent within the first week of the beginning of the year.

Great Socialist People’s Libyan Arab Jamahiriya Form H30


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Personal monthly statistic of Brother …… Member of Department of People’s Legal Defence activities. Branch:…………. Office:……… Year: 200…

Total cases that remained in the possession

thereof from the previous year

Total cases transferred thereto during the year

Number of services of process prepared thereby

Number of pleading or response memoranda prepared thereby

Number of cassations or appeals prepared thereby

Number of sessions attended thereby

Number of legal opinion briefs, studies, or remarks

This statistic should be prepared by the member himself. He shall keep a statement of case numbers and copies of briefs to provide the inspector therewith upon request.

Signature: ………………………………………………….

Date: ……………………………………………………….

  • At the end of the month, the case files and legal activities in situ should be counted, compared with those in the records, and anything that needs to be corrected should be corrected.
  • The statistic shall be sent within the first week of the beginning of the month.
  • Each member must take care to complete no fewer legal activities than the performance rate.

Great Socialist People’s Libyan Arab Jamahiriya Form H31


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Personal yearly statistic of Brother …..… Member of Law Department activities. Year: 200…

Brought

Completed

Remaining

Percentage of completion

Remarks

This statistic should be prepared by the member himself. He shall keep a statement of case numbers and copies of briefs to provide the inspector therewith upon request.

Signature: ………………………………………………….

Date: ……………………………………………………….

  • At the end of the year, legal activity files in situ should be counted, compared with those in the records, and anything that needs to be corrected should be corrected.
  • The statistic shall be sent within the first week of the beginning of the year.
  • Each member must have no fewer legal activities than the performance rate.

Approved by Department President:

Great Socialist People’s Libyan Arab Jamahiriya Form H32


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Monthly statistic of Law Department activities. Month:… 200…

Brought

Completed

Remaining

Percentage of completion

Number of members

Remarks

Signature: ………………………………………………….

Date: ……………………………………………………….

  • At the end of the month, the legal activities in situ should be counted, compared with those in the records, and anything that needs to be corrected should be corrected.
  • The statistic shall be sent within the first week of the beginning of the month.

Approved by Department President:

Great Socialist People’s Libyan Arab Jamahiriya Form H33


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Personal monthly statistic of Brother …… Member of Law Department activities. Month:… 200…

Brought

Completed

Remaining

Percentage of completion

Remarks

This statistic should be prepared by the member himself. He shall keep a statement of case numbers and copies of briefs to provide the inspector therewith upon request.

Signature: ………………………………………………….

Date: ……………………………………………………….

  • At the end of the month, the case files and legal activities in situ should be counted, compared with those in the records, and anything that needs to be corrected should be corrected.
  • The statistic shall be sent within the first week of the beginning of the month.
  • The member must have no fewer legal activities than the performance rate because he will only be promoted if he has work that may be subjected to technical evaluation.

Approved by Department President:

Great Socialist People’s Libyan Arab Jamahiriya Form H34


General People’s Committee for Justice

Judicial Body Inspection Department

Information and Statistics Division

Yearly statistic of Law Department activities. Year: 200…

Brought

Completed

Remaining

Percentage of completion

Number of members

Remarks

Signature: ………………………………………………….

Date: ……………………………………………………….

  • The statistic shall be sent within the first week of the beginning of the year.

Approved by Department President:

Text Type:Judicial Decision
Text number:04
Text date:2008-01-13
Status:Applicable

The text displayed in its version modified by the following amendments:

Announcement: Launch of Enhanced Legal Database Design.

We are thrilled to announce the successful launch of our new legal database design as part of DCAF's ongoing commitment to our valued users. This update introduces a range of improvements, including a streamlined, user-friendly interface and enhanced functionalities, ensuring effortless access to vital information.

We take great pride in delivering this significant enhancement, and we reaffirm our dedication to providing you with the utmost service excellence. We extend our sincere gratitude for your continued trust and support.