Multiple criminal investigation powers in Libyan legislation

Abstract

There is no doubt that the preliminary investigation has undeniable practical importance. Its importance lies in the fact that it empowers the investigating authority, in light of its contents, to take action in the case. Consequently, it plays a significant role in expediting proceedings and facilitating its mission as it seeks to uncover the truth. Furthermore, it may play a role in concluding criminal cases without a trial (such as through reconciliation and criminal injunctions), which simplifies procedures and reduces the burden on the accused and the judiciary. Furthermore, it allows the judiciary to undertake the task of investigating important cases, thereby saving the costs of proceedings and the like in the context of examining the case, as well as the inconvenience incurred by the parties involved. It also sheds light on the crime under investigation, its circumstances, and its context, which may help in identifying or apprehending the perpetrator. The legislator has encompassed this stage with numerous safeguards that the investigating and accusing authority—the Public Prosecution—must observe, and has prescribed penalties if these safeguards are breached or violated. This is to maintain the assumed balance between the two interests: the public interest, represented by the state's interest in enforcing justice and punishment, and the private interest, represented by the right of individuals to enjoy the rights and freedoms guaranteed to them by law.

Consequently, the multiplicity of investigative and accusing authorities outside the judicial system is likely to undermine the principle of the assumed balance between the two interests, on the one hand, and squander the guarantees the legislator has provided for individuals in society in the event of violations of their rights and freedoms, on the other.