Law No. (29) of 1972 on amending Article (86) of the Justice System Law

Law No. (29) of 1972 AD

Amending Article (86) of the Judicial System Law

In the Name of the People,

The Revolutionary Command Council,

·  Upon review of the Constitutional Declaration issued on 2 Shawwal 1389 AH,

 corresponding to 11 December 1969 AD; and

·  The Judicial System Law issued by Law No. (29) of 1962 AD,

 as amended,

·  and based on the submission of the Minister of Justice and the approval of the Council of Ministers,

Issued the following Law:

Article (1)

The provision of Article (86) of the Judicial System Law referred to above shall be replaced by the following provision:

Article 86 –

a) Place of residence of the prosecution members shall be specified, and they shall be transferred and assigned to work in a place other than the first instance prosecution to which they are affiliated, by virtue of a decree of the Minister of Justice based on the proposal of the public prosecutor.

b) The public prosecutor shall have the right to transfer the prosecution members to the court circuit to which they were appointed, and he shall have the right to assign them outside this circuit for a period not exceeding three months.

c) The public prosecutor shall also have the right, when necessary, to assign a prosecution deputy or prosecutor to act as the head of prosecution for a period of six months. This period may be renewed for further periods by virtue of a decree of the Minister of Justice based on the proposal of the public prosecutor. The delegated member shall have all the competencies conferred by law to the head of prosecution.

d) The head of prosecution shall have the right to delegate a member in his circuit to act as another member in the same circuit.

Article (2)

The Minister of Justice shall implement this decree, which shall enter into force on the issuance date thereof and shall be published in the Official Gazette.

The Revolutionary Command Council

  Muhammad Ali al-Jadi                                Colonel / Muammar Gaddafi

   Minister of Justice                                                            Prime Minister

Issued on 2 Muharram 1392 AH

Corresponding to 17 February 1972 AD