Decision No. (49) of 2010 on establishing summary courts and prosecutions

Supreme Council of Judicial Bodies

Decree No. (49) of 1378 FDP (2010 AD)

on establishing summary courts and prosecutions

The Supreme Council of Judicial Bodies,

Upon review of:

• Law No. (6) of 1374 FDP on the judicial system;
• Minister of Justice Decree No. (26) of 1393 AH (1974 AD) establishing first instance courts;
• Minister of Justice Decree No. (28) of 1393 AH (1974 AD) establishing summary courts;
• Secretary of the General People’s Committee for Justice Decree No. (149) of 1980 AD amending the jurisdiction of certain prosecutions;
• Secretary of the General People’s Committee for Justice Decree No. (622) of 1981 AD establishing a court of first instance;
• Decree No. (33) of 1988 AD amending the names of a court, prosecution, and attorney office;
• Decree No. (30) of 1987 AD establishing a public prosecution at the Zliten Court of First Instance;
• The submission of the head of the Supreme Council of Judicial Bodies;
• The minutes of the sixth extraordinary meeting of the Supreme Council for Judicial Bodies of 1378 FDP dated 19/7/2010 AD;
• The minutes of the eighth meeting of the Supreme Council for Judicial Bodies of 1378 FDP (2010 AD) dated 20/8/2010 AD;

has decreed:

Article (1)

Summary courts and prosecutions shall be established whose headquarters and jurisdiction shall be as follows:

I.

1. The Zliten Summary Court shall be established in the jurisdiction of Al-Ajaylat Court of First Instance. Its headquarters shall be in the city of Zliten and its area of jurisdiction shall be defined as that of the Zliten Police Station and the Ras Jadir Police Station.
2. The Zliten Summary Prosecution shall be established in the jurisdiction of the Zliten Summary Court and shall be affiliated to Al-Ajaylat First Instance Prosecution. Its headquarters shall be in the city of Zliten and its area of jurisdiction shall be defined as that of the Zliten Summary Court.
3. Al-Jadida Summary Court shall be established in the jurisdiction of Al-Ajaylat Court of First Instance. Its headquarters shall be in Al-Jadida region and its area of jurisdiction shall be defined as that of Al-Jadida Police Station.
4. Al-Jadida Summary Prosecution shall be established in the jurisdiction of Al-Jadida Summary Court and shall be affiliated to Al-Ajaylat First Instance Prosecution. Its headquarters shall be in Al-Jadida region and its area of jurisdiction shall be defined as that of Al-Jadida Summary Court.

II.

1. Al-Zarouq Summary Court shall be established in the jurisdiction of the Misrata Court of First Instance. Its headquarters shall be in Al-Zarouq region and its area of jurisdiction shall be defined as that of Al-Zarouq Police Station and the Misrata Commercial Port Police Station.
2. Al-Zarouq Summary Prosecution shall be established in the jurisdiction of Al-Zarouq Summary Court and shall be affiliated to the Misrata First Instance Prosecution. Its headquarters shall be in Al-Zarouq region and its area of jurisdiction shall be defined as that of Al-Zarouq Summary Court.
3. Al-Mahjoub Summary Court shall be established in the jurisdiction of the Misrata Court of First Instance. Its headquarters shall be in Al-Mahjoub region and its area of jurisdiction shall be defined as that of Al-Mahjoub Police Station.
4. Al-Mahjoub Summary Prosecution shall be established in the jurisdiction of Al-Mahjoub Summary Court and shall be affiliated to the Misrata First Instance Prosecution. Its headquarters shall be in Al-Mahjoub region and its area of jurisdiction shall be defined as that of Al-Mahjoub Summary Court.
5. The Taminah Summary Court shall be established in the jurisdiction of the Misrata Court of First Instance. Its headquarters shall be in the Taminah region and its area of jurisdiction shall be defined as that of the Taminah Police Station.
6. The Taminah Summary Prosecution shall be established in the jurisdiction of the Taminah Summary Court and shall be affiliated to the Misrata First Instance Prosecution. Its headquarters shall be in the Taminah region and its area of jurisdiction shall be defined as that of the Taminah Summary Court.

III.

1. The Zliten Summary Traffic Court shall be established in the jurisdiction of the Zliten Court of First Instance. Its headquarters shall be in the Zliten region and its area of jurisdiction shall be defined as that of the Zliten Traffic Unit. This court shall hold jurisdiction to rule on cases related to the violation of traffic provisions and rules on public roads located within its area of jurisdiction.
2. The Zliten Summary Traffic Prosecution shall be established in the jurisdiction of the Zliten Summary Traffic Court. Its headquarters shall be in the city of Zliten and it shall be affiliated to the Zliten First Instance Prosecution. The area of jurisdiction of this Court shall be defined as that of the Zliten Summary Traffic Court, and it shall hold jurisdiction to investigate, file, and prosecute cases on offences related to the violation of traffic provisions and rules on public roads.

IV.

1. Al-Amamera Summary Court shall be established in the jurisdiction of Al- Khums Court of First Instance. Its headquarters shall be in Al-Amamera region and its area of jurisdiction shall be defined as that of Al-Amamera Police Station.
2. Al-Amamera Summary Prosecution shall be established in the jurisdiction of Al-Amamera Summary Court and shall be affiliated to Al-Khums First Instance Prosecution. Its headquarters shall be in Al-Amamera region and its area of jurisdiction shall be defined as that of Al-Amamera Summary Court.

V.

1. The Massa Summary Court shall be established in the jurisdiction of Al-Bayda Court of First Instance. Its headquarters shall be in the Massa region and its area of jurisdiction shall be defined as that of the Massa, Al-Haniwa, Qasr Libya, and Zawiya al-Arqub Police Station.
2. The Massa Summary Prosecution shall be established in the jurisdiction of the Massa Summary Court and shall be affiliated to Al-Bayda First Instance Prosecution. Its headquarters shall be in the Massa region and its area of jurisdiction shall be defined as that of the Massa Summary Court.

VI.

1. Al-Tamimi Summary Court shall be established in the jurisdiction of the Derna Court of First Instance. Its headquarters shall be in Al-Tamimi region and its area of jurisdiction shall be defined as that of Al-Tamimi Police Station.
2. Al-Tamimi Summary Prosecution shall be established in the jurisdiction of Al-Tamimi Summary Court and shall be affiliated to the Derna First Instance Prosecution. Its headquarters shall be in Al-Tamimi region and its area of jurisdiction shall be defined as that of Al-Tamimi Summary Court.

VII.

1. The Battah Summary Court shall be established in the jurisdiction of Al-Marg Court of First Instance. Its headquarters shall be in the Battah region and its area of jurisdiction shall be defined as that of the Battah Police Station.
2. The Battah Summary Prosecution shall be established in the jurisdiction of the Battah Summary Court and shall be affiliated to Al-Marg First Instance Prosecution. Its headquarters shall be in the Battah region and its area of jurisdiction shall be defined as that of the Battah Summary Court.
3. The Taknis Summary Court shall be established in the jurisdiction of Al-Marg Court of First Instance. Its headquarters shall be in the Taknis region and its area of jurisdiction shall be defined as that of the Taknis Police Station.
4. The Taknis Summary Prosecution shall be established in the jurisdiction of Al-Marj Summary Court and shall be affiliated to Al-Marg First Instance Prosecution. Its headquarters shall be in the Taknis region and its area of jurisdiction shall be defined as that of the Taknis Summary Court.

VIII.

1. The Suq Al-Khamis Imsihil Summary Court shall be established in the jurisdiction of Al-Suani Court of First Instance. Its headquarters shall be in the Suq Al-Khamis Imsihil region and its area of jurisdiction shall be defined as that of the Suq Al-Khamis Imsihil, Al-Sabaa, and Sidi al-Sayeh Police Station and Al-Sabaa and Suq Al-Khamis Imsihil Traffic Unit.
2. The Suq Al-Khamis Imsihil Summary Prosecution shall be established in the jurisdiction of the Suq Al-Khamis Imsihil Summary Court and shall be affiliated to Al-Suani First Instance Prosecution. Its headquarters shall be in the Suq Al-Khamis Imsihil region and its area of jurisdiction shall be defined as that of the Suq Al-Khamis Imsihil Summary Court.

IX.

1. The Sokna Summary Court shall be established in the jurisdiction of Al-Jufra Court of First Instance. Its headquarters shall be in the Sokna region and its area of jurisdiction shall be defined as that of the administrative scope of the Sokna and Al-Fuqaha People’s Congresses.
2. The Sokna Summary Prosecution shall be established in the jurisdiction of the Sokna Summary Court and shall be affiliated to Al-Jufra First Instance Prosecution. Its headquarters shall be in the Sokna region and its area of jurisdiction shall be defined as that of the Sokna Summary Court.

Article (2)

The courts and prosecutions referred to in Article (1) shall commence their activities at the beginning of the new fiscal year on 1/1/2011 AD. Unless reserved pending judgement, all cases and incidents being heard before other courts and prosecutions that fall outside their jurisdiction under this Decree shall be referred to the competent court or prosecution, as the case may be.

Article (3)

The competent bodies shall implement this Decree, and it shall enter into force on the date of its issue and be published in the Procedures Register.

Supreme Council of Judicial Bodies – Libya

Issued on 9 August 1378 FDP

Corresponding to: 9/8/2010 AD