Law No. (3) of 2003 on amending certain provisions of the Code of Criminal Procedure

Law No. (3) of 1371 FDP

on amending certain provisions of the Code of Criminal Procedure

The General People’s Congress

  • In execution of the resolutions adopted by Basic People’s Congresses in their general annual session of 1370 FDP;

Upon review of: 

  • The Declaration on the Establishment of the Authority of the People;
  • The Great Green Charter of Human Rights of the Jamahiriya Era;
  • Law No. (20) of 1991 on the promotion of freedom;
  • Law No. (1) of 1369 FDP on People’s Congresses and People’s Committees;
  • The Penal Code and the Code of Criminal Procedure and the amendments thereof;

issued the following law:

Article (1)

Articles (122), (151), (176), (177), (385), and (387) of the Code of Criminal Procedure shall be replaced with the following texts:

Article (122): Prescribed Period of Provisional Detention

Provisional detention of the accused shall definitely end after fifteen days. However, the investigating magistrate may order the extension of detention by one or more terms not exceeding thirty days in total after hearing the Public Prosecution and the accused.

Article (151): Power of the Indictment Chamber

Upon hearing the orders referred thereto, the Indictment Chamber shall have the powers of an investigating magistrate as regards the investigation and the order, duration, and extension rules of detention. It may mandate an investigating magistrate or the Public Prosecution depending on the case.

Article (176): Extension of Provisional Detention

In the event that the Public Prosecution decides to extend provisional detention, the case file shall be submitted to the competent summary judge to issue an order thereon after hearing the Public Prosecution and the accused, before expiration of the six-day period for arresting or referring the accused.

The judge may extend the provisional detention for one or several consecutive terms provided that the total duration of detention does not exceed thirty days.

The Public Prosecution shall have the right to appeal the order of the judge to release the accused. Such appeal shall be subject to the terms and rules of appeal against the orders of the investigating magistrate regulated by Articles (141) and (143).

Article (177): Expiration of Provisional Detention Prior to Conclusion of Investigation

In the event that the investigation is not concluded upon expiration of the provisional detention mentioned in the foregoing article, the Public Prosecution shall submit the case file to an appellate panel of the circuit of the court of first instance to issue an order to release the accused after hearing the Public Prosecution and the accused, or on the extension of detention for one or more consecutive terms not exceeding thirty days each and ninety days in total.

However, the matter shall be referred to the Prosecutor General or his delegate to require the aforementioned chamber to extend the term of provisional detention beyond the period prescribed in the foregoing paragraph if the circumstances of the investigation or action so require.

Article (385): Deadline for Appeal

The appeal shall be filed by a report with the ruling court registrar within sixty days from the date the judgment is rendered in the presence of the parties or against the appellant, or from the date the judgment of dismissal is rendered.

The appeal report shall be filed with the prison officer within the aforementioned deadline.

Article (387): Submitting the Grounds for Appeal

With the exception of death or amputation sentences, the grounds for appeal shall be submitted within the period stipulated by Article (385), signed by the appellant’s attorney, otherwise the right thereto shall lapse. The appeal may not be referred to the Supreme Court unless its grounds are enclosed. The Public Prosecution shall appoint an attorney for the detainee who files the appeal with the prison officer if he has not appointed one at his own expense. Such attorney shall prepare and file the grounds for appeal.

Article (2)

Two new articles numbered (153) bis and (414) bis shall be added to the Code of Criminal Procedure. They shall be worded as follows:

Article (153) bis: Expedited Hearing of the Case of Provisional Detainee

In the event that a detained accused is referred to the competent court, the case shall be referred to the competent circuit to be heard in its following session.

In all cases, the case shall be heard before the end of the provisional detention stipulated in accordance with Article (177), Paragraph (2) when possible.

Article (414): Common Provisions on Appeal Methods

If the court where the appeal is brought orders suspension of the appealed sentence, it shall hear the appeal within six months from issuing the order of suspension.

 

Article (3)

Any provision that contravenes the provisions of this law shall be repealed.

Article (4)

This law shall enter into force from its date of issuance. It shall be published in the Legal Register.

General National Congress – Libya

Issued in Sirte

On 13 June 1371 FDP

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