Procedural and Substantive Effects of the Defendant's Confession in Libyan Law: An Analytical Study in Light of Legal Safeguards and Criminal Policy

Abstract

The defendant's confession is considered one of the most important means of evidence in criminal proceedings. However, its evidentiary value is no longer absolute; rather, it is subject to the principle of judicial conviction and the court's assessment of the circumstances surrounding its issuance and the extent to which it meets legal safeguards. This research examines the criminal effects arising from the confession from a dual perspective: it is divided into procedural effects, which vary according to the stage at which the confession is made (pre-trial investigation, preliminary inquiry, trial, or after the issuance of the judgment), and substantive effects relating to the penalty itself, particularly in cases of exemption from or mitigation of punishment, in the crimes specifically enumerated by the Libyan legislator.

The research adopts the descriptive and analytical approach, supplemented by the comparative method where necessary, to review Libyan legal provisions, particularly the Code of Criminal Procedure and the Penal Code, in addition to comparative jurisprudential opinions and judicial precedents. The main problem lies in determining the extent of the confession's impact on procedures and punishment, and the regulatory controls governing this. The research concludes that the confession is not merely an item of evidence; it may also constitute a ground for reopening the investigation, for dispensing with hearing witnesses, or for exemption from punishment, subject to strict controls. The research recommends reconsidering the permissibility of relying solely on a confession without hearing witnesses, establishing clearer regulation for confessions made after an order of no case to answer, and setting precise criteria for exemption from punishment so as to achieve a balance between justice, the defendant's rights, and the public interest.