Law No. (80) of 1975 amending and repealing certain provisions of the Penal Code

Law No. (80) of 1975

amending and repealing certain provisions of the Penal Code

In the name of the People,

The Revolutionary Command Council,

Upon review of:

• The Constitutional Declaration;
• The Penal Code and amending laws thereto;
• Revolutionary Command Council Decree issued on 2 Shawwal 1389 AH, corresponding to 11 December 1969 AD, on protecting the revolution;
• Law No. (71) of 1972 on criminalising partisanship;
• Based on the submission of the Minister of Justice and the approval of the Cabinet;

issued the following Law:

Article (1)

Articles (167), (168), (169), (170), (171), (172), (173), (174), (176), (177), (178), (180), (181), (183), (184), (185), (195), (196), (201), (203), (204), (206), (207), (208), (211), (212), (213), (214), and (224) of the Penal Code shall be replaced with the following texts:

Article (167)

Plotting with Foreigners to Harm the Country’s Military or Political Status

Anyone who, in time of peace, plots with a foreign state or an employee thereof with the intent of harming the military, political, or diplomatic status of the Libyan Arab Republic shall be punishable with imprisonment.

The same penalty shall apply to anyone who intentionally destroys, conceals, or forges documents they know may be used to establish the rights of the Libyan Arab Republic before a foreign state.

The penalty shall be life imprisonment if said crimes are committed during a time of war, the perpetrator is a public employee or delegate on public mission, or has been entrusted with any official business by the government.

Article (168)

Recruitment or Acts of Hostility against a Foreign State

Anyone who, without permission from the government, recruits troops against a foreign state or undertakes other hostile acts that could expose the Libyan Arab Republic to the risk of war shall be punishable with imprisonment.

The penalty shall be life imprisonment if the act results in the severance of diplomatic relations or the hostile acts lead to retaliation against the Libyan Arab Republic or its citizens, wherever located. If war breaks out, the offender shall be subject to the death penalty.

Article (169)

Bribery by a Foreigner

If a Libyan national receives, even indirectly, money or any other benefit from a foreigner, or receives a promise of such with the intent of undertaking acts harmful to the country’s interest, they shall be punishable with imprisonment and a fine ranging from one thousand to five thousand LYD, if the act is committed in time of peace.

If the offence is committed in time of war, they shall be punishable with life imprisonment. If actual harm is inflicted, they shall be subject to the death penalty.

Foreigners who provide or promise money or the like shall be punishable with the same penalty.

Article (170)

Encroachment on State Territory and Facilitation of War against the State

Anyone who facilitates the entry of the enemy into the country or surrenders thereto cities, fortresses, installations or sites, ports, stores, arms factories, ships or aircraft used to defend the country or equipped therefor, or means of transport, arms, munitions, or military materials, provisions, or food, or who assists the enemy with troops, officers, or money, or serves them by conveying to them information or acts as a guide, or incites Libyans, whether soldiers or civilians, to desert to the enemy or in general assists the advance of enemy forces by inciting strife or provoking fear among defence forces or civilians, or prevents the armed forces from communicating with one another in encountering the enemy, or undermines the loyalty of the national forces of the country, or in any other manner, shall be subject to the death penalty.

Article (171)

Disclosure of State Security Secrets to Foreign Government Agents or Obtaining the Same for the Purpose of Espionage

Anyone who provides to a foreign government, an agent thereof, or any other person acting in its interest, in any manner or by any means, secrets related to the defence of the country or any similar secret shall be subject to the death penalty.

Anyone who obtains secrets of this nature by any means, with the intent to disclose the same directly or indirectly to a foreign government, or anyone who for the benefit of a foreign state, destroys or renders useless, either wholly or in part, such secrets shall be subject to the same penalty.

Article (172)

Infiltration of Military Areas and Unjustified Possession of Means of Espionage

The following shall be punishable with imprisonment:

1. Anyone who enters clandestinely or fraudulently land, sea, or air locations or regions to which access is prohibited to preserve the State’s military interests.
2. Anyone found in such locations or areas or in proximity thereto and has in their possession means of espionage without legal justification.
3. Anyone found in undue possession of papers, documents, or any other items intended for the purpose of supplying information pertaining to the safety of the country or any other information deemed to be of such a nature by law.

If any act set forth above is committed in time of war, the penalty shall be life imprisonment. If the enemy benefits from such act, the penalty shall be death.

Article (173)

Obtaining Secret Intelligence Pertaining to Defence of the Country and Similar Secrets

The following shall be punishable with imprisonment and a fine between five hundred and one thousand LYD:

1. Anyone who, by means of fraud, obtains secret intelligence pertaining to the defence of the country for the purpose of giving it to a foreign state, one of its agents, or any person acting in the interests thereof.
2. Anyone who arranges or uses any means of wired or wireless communication or the like with the intention of obtaining intelligence pertaining to the defence of the country or the like, or to communicate the same for a purpose other than espionage.

The penalty shall be life imprisonment if the act is committed in time of war.

Article (174)

Circulation of Defence Secrets

Anyone who circulates secret information pertaining to the defence of the country or the like by any means shall be punishable with imprisonment and a fine between five hundred and one thousand LYD.

If the offender is a public employee, possesses a general representative capacity, is a delegate on official business, or has been entrusted with work by the government, or if the offence is detrimental to military preparations for the defence of the country, the penalty shall be life imprisonment.

The penalty shall be death if the offence is committed in time of war.

Article (176)

Inciting Military Defeatism

Anyone who incites soldiers to disobey laws, violate the oath they have sworn, or breach military discipline or military duties, or incites them to acts in violation of the law, oath, military discipline, or military duties, shall be punishable with life imprisonment.

The offender shall be subject to the death penalty if the offence is committed in time of war.

Article (177)

Inciting Economic Defeatism

Anyone who, in time of war, uses a means to cause detriment to the exchange rate or to influence the public or private financial securities market in such a way as to endanger the country’s ability to resist the enemy shall be punishable with imprisonment for not less than five years and a fine between five hundred and one thousand LYD.

The penalty shall be life imprisonment if the offence is committed as a result of espionage with the enemy.

The penalty shall be death if it actually endangered the country’s ability to resist the enemy.

Article (178)

Activities against the Interests of the State by Libyans Abroad

Any Libyan abroad who disseminates or reports rumours or information which are false, exaggerated, or provoke concern about the internal condition of the Libyan Arab Republic in such a manner as to diminish its reputation or credit abroad, or who in any way acts in such a manner as to injure the national interests shall be punishable with a penalty of life imprisonment.

Article (180)

Failure to Perform Supply Obligations to the Government or Fraud Therein

Anyone who intentionally, in time of war, fails to carry out all or part of their obligations under a supply or public works contract with the government to meet the needs of the army or civilians, or anyone who commits fraud in or intentionally delays the performance of their obligations under such contract shall be punishable with imprisonment and a fine of one thousand to five thousand LYD. Subcontractors shall be subject to the same penalty if they fail to perform, commit fraud in, or delay any of the aforesaid obligations.

If the failure to perform, whether wholly or in part, was an error, the penalty shall be reduced by no more than half.

Article (181)

Purchase of Defective Arms or Supplies

Anyone who, by virtue of their position, is entrusted to purchase arms, munitions, or supplies to equip the army and who purchases or recommends the purchase of arms or supplies knowing that they are not fit for their intended purpose or put lives in danger shall be punishable with a penalty of life imprisonment.

The penalty shall be death if the act is committed in time of war or if, as a result of the act, a person dies or two or more persons suffer serious harm.

Article (183)

Treason against State Affairs

Anyone who is entrusted by the State to negotiate abroad on its behalf and who betrays that trust shall be punishable with life imprisonment if it is probable that this act would result in harm to the national interest.

Article (184)

Facilitating the Commission of the Aforementioned Offences

The following offences shall be subject to the same penalty provided under Articles (165), (166), (168), (170), (171), (174), (176), (179), (181), and (211):

1. Anyone who is aware of a person’s intent to commit or attempt the commission of one of the aforementioned offences, and who provides said person with assistance for sustenance, housing, shelter, a meeting place, or any other aid.
2. Anyone who knowingly conceals items or instruments that are used or equipped for use in the commission of one of the aforementioned offences, or items, materials, or documents obtained from the offence.
3. Anyone who knowingly carries messages of a person who committed or attempted any of the aforementioned offences, or knowingly facilitates for them in any manner the search for or concealment of the object of the offence, or transports or reports the same.

Article (185)

Facilitating the Commission of the Aforementioned Offences in Error

Anyone who, in error, facilitates the commission of any of the offences set forth under the Articles referred to in the preceding Article shall be punishable with a penalty of imprisonment for a period not less than one year and a fine not exceeding five hundred LYD.

If the offence is committed in time of war, the penalty shall be imprisonment for a period not less than two years and a fine not exceeding one thousand LYD.

Article (195)

Insulting the Constitutional or People’s Authorities

Anyone who insults the president, the People’s Authority, the government, a judicial body, or the armed forces, or openly insults the Libya Arab people or the state’s symbols or flag shall be punishable with imprisonment.

Article (196)

Attacking the Constitution

Anyone who attempts, by force or any other manner not permitted under the constitutional system, to change the constitution or the form of government shall be punishable with the death penalty.

Article (201)

Use of Force against State Authorities

Anyone who plans or participates in an armed operation against State authorities shall be punishable with the death penalty, even if the weapons designated for this purpose are placed in a warehouse with the intent of use.

Article (203)

Civil War

Anyone who commits an act for the purpose of inciting civil war in the country, fracturing national unity, or dividing citizens of the Libyan Arab Republic shall be punishable with the death penalty.

Article (204)

Attacking the Constitutional Authorities

Anyone who commits an act that aims, whether wholly or in part, to prevent the president, the People’s Authority, or the government from performing their activities or exercising the authorities legally entrusted thereto, even temporarily, shall be punishable with the death penalty.

Article (206)

Unlawful Organizations and Formations

Anyone who calls for the establishment of or founds, organises, manages, funds, or prepares a meeting place for any assembly, organisation, or formation prohibited by law, and anyone who joins or incites the same in any manner, or provides any assistance thereto, and anyone who receives or obtains directly or indirectly in any manner money or benefits of any type from any person or entity with the intent of establishing a prohibited assembly, organisation, or formation or prepare for the establishment thereof, shall be punishable with the death penalty. Superiors and subordinates shall receive the same penalty, regardless of their rank in the assembly, organisation, formation, or the like, and regardless of whether the assembly is located domestically or abroad.

Article (207)

Promotion of any Act against the System of the State

Anyone who promotes within the country, by any means, views or principles that aim to change fundamental constitutional principles, or the basic rules of the social order, or to overthrow the basic political, social, or economic order of the State, or to destroy a fundamental structure of the social order, by the use of force, terror or any other unlawful means, shall be punishable with the death penalty.

Anyone who possesses books, leaflets, drawings, slogans, or any other items with the intent of advocating said acts, or who advocates them in any other way shall be subject to life imprisonment.

Anyone who receives or obtains, directly or through any other way, money or benefits of any type from any person or entity, domestically or abroad, for the purpose of promoting any of the acts set forth in this Article, shall be punishable with life imprisonment.

Article (208)

Forming or Joining Non-Political International Associations without Permission

Anyone who, without a license from the government or with a license issued based on false or insufficient information, establishes, founds, or manages associations, bodies, or organisations of a non-political international character, or branches thereof, in the country shall be punishable with imprisonment.

Anyone who joins the abovementioned associations, bodies, or organisations shall be punishable with imprisonment for a period not exceeding three months and a fine not exceeding two hundred LYD. Any Libyan residing in the country who joins or participates in any manner without a license from the government, in any of of the aforementioned organisations whose headquarters is abroad shall also be subject to the same penalty.

Article (211)

Agreeing to Commit Offences and Forming Associations and Gangs Therefor

If several persons agree to commit any of the intentional offences set forth in Chapters (1) and (2) of this Part, for which this Code imposes a penalty of death, life imprisonment or imprisonment, or agree to form, establish, or organise an association or armed or unarmed gang to commit any of these offences, each person taking part in the agreement, association, or gang shall be punishable with the penalty provided for the offence agreed upon, even if the offence was not committed. Each person who brought about the agreement or created, founded, organised, or headed an association or gang, or others who joined or participated in the agreement, association, or gang, shall be subject to the same penalty.

Article (224)

Permission to Institute and Request Proceedings

Cases regarding the offences set forth in Articles (167), (168), (175), (177), (178), (180), (181), (195), and (208) may not be filed without the permission of the Minister of Justice.

For the offences set forth in Articles (219) and (220) and in Article (221) with regard to the two aforementioned Articles, and also for those offences set forth in Article (222), cases may only be filed at the request of the Minister of Justice.

Article (2)

Articles (190), (191), (192), (193), (194), (209), (212), (213), and (214) of the Penal Code shall be repealed.

Article (3)

This Law shall not prejudice the provisions of the aforementioned Revolutionary Command Council Decree on protecting the revolution and the Law on criminalising partisanship, or the Military Penal Code.

Article (4)

This Law shall be published in the Official Gazette, and shall enter into force on the date of its publication.

The Revolutionary Command Council – Libya

Major Abdessalam Ahmed Jalloud

Prime Minister

Mohammed Ali al-Jiddi

Minister of Justice

Issued on 10 Shaaban 1395 AH

Corresponding to: 17 August 1975