Assessment of Confession and Its Evidentiary Value in Criminal Proceedings

Abstract

Confession is considered one of the most significant means of evidence in criminal proceedings because of its direct impact on the formation of the trial judge's conviction regarding the attribution of a criminal offence to the accused. Nevertheless, modern criminal legislation no longer regards confession as conclusive or inherently binding evidence. Rather, its evidentiary value is subject to a number of legal conditions and safeguards aimed at reconciling the pursuit of truth with the protection of the accused's fundamental rights and personal freedoms, particularly protection against physical or psychological coercion.

This study examines the evidentiary value of confession in criminal proceedings under Libyan law, with particular emphasis on its relationship with the principle of judicial conviction and the discretionary authority of the trial court in assessing its probative value. It also addresses whether a confession may, by itself, constitute a sufficient basis for conviction, the extent to which a confession may be divided and partially relied upon, and whether its evidentiary weight varies depending on the authority before which it is made. In addition, the study considers confessions made before judicial and non-judicial authorities and those contained in investigation records, official documents, and other writings possessing particular evidentiary significance.

The study adopts descriptive and analytical approaches by examining the provisions governing confession under the Libyan Code of Criminal Procedure, analysing relevant doctrinal opinions and judicial precedents, and referring, where appropriate, to principles established by the Libyan Supreme Court and comparative judicial practice.

The study finds that, despite its considerable importance, confession remains an element of evidence subject to the discretionary assessment of the trial court. The court may accept, reject, or partially rely upon a confession according to the circumstances and evidence of the case, provided that the confession satisfies the legal requirements of validity, is made voluntarily and free from coercion, and corresponds with factual reality. The study further finds that, under Libyan law, a complete judicial confession may constitute a sufficient basis for conviction without the need to hear witnesses where the court is satisfied as to its validity, pursuant to Article 244 of the Libyan Code of Criminal Procedure. By contrast, the evidentiary value of extra-judicial confessions and confessions recorded during preliminary inquiries or investigations depends largely on the circumstances in which they were obtained and the extent to which the court is satisfied with their authenticity and reliability.

The study concludes that the legislative framework governing confession should be strengthened by establishing clearer statutory rules concerning the conditions of its validity and its evidentiary consequences. It also recommends enhancing judicial supervision over preliminary inquiry and investigation procedures and reconsidering the sufficiency of confession as the sole basis for conviction, in order to achieve an appropriate balance between the effectiveness of criminal justice and the protection of the rights of the accused and the guarantees of a fair trial.