Guarantees of the Legality of Evidence Collection and Their Impact on Achieving Criminal Justice under Libyan Criminal Law

Abstract

This study examines the stage of evidence gathering in criminal proceedings under Libyan law, as it constitutes the preliminary phase preceding the criminal investigation and plays a fundamental role in detecting crimes, collecting evidence, and facilitating the competent investigative authority's exercise of its jurisdiction. The study aims to clarify the concept and characteristics of evidence gathering, analyze the powers vested in judicial police officers, and examine the legal safeguards governing their actions. It also evaluates the adequacy of the Libyan legislative framework in achieving a balance between effective crime control and the protection of individual rights and freedoms.

The study adopts the descriptive-analytical approach by examining and analyzing the relevant provisions of the Libyan Code of Criminal Procedure and the legal rules governing the powers of judicial police officers during the evidence-gathering stage.

The findings indicate that the evidence-gathering stage constitutes a fundamental pillar of criminal justice. Although the Libyan legislator has established a number of legal safeguards aimed at preventing abuse of authority, certain legislative provisions still require further development to strengthen oversight of judicial police officers' actions and ensure more effective protection of individual rights and freedoms.

The study recommends updating selected provisions of the Libyan Code of Criminal Procedure in line with contemporary developments, strengthening judicial oversight over evidence-gathering procedures, and enhancing the professional competence of judicial police officers through continuous training on the proper application of legal safeguards, thereby contributing to a balanced approach that ensures both the effectiveness of criminal justice and the protection of individual rights and freedoms