Criminal order provisions in Libyan legislation

Published: 2025-08-05

Abstract

A criminal order is an exceptional measure in Libyan law aimed at expediting the adjudication of minor cases and reducing the burden on the courts. A criminal order is issued for misdemeanors and violations punishable by a fine or short-term imprisonment, provided that the Public Prosecutor deems the evidence sufficient and there is no need for a public trial. The criminal order includes a definition of the crime, its legal classification, and the proposed penalty, and is communicated to the accused. If the accused accepts the criminal order and pays the fine, the order becomes final and the right to appeal is forfeited. However, if the accused rejects it or fails to pay the amount within the specified period, the order is considered null and void and regular trial procedures continue. This procedure shortens lengthy procedures and contributes to achieving speedy justice.

Keywords: Criminal order prosecutor misdemeanors and offenses punishment legal qualification

How to Cite

Abdul Salam Ali Muhammad. (2025). Criminal order provisions in Libyan legislation. Al-Haq Journal for Sharia and Legal Sciences, 12(2), 340-352. https://doi.org/10.58916/alhaq.v12i2.366

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Section

Articles

Author Biography

  • Abdul Salam Ali Muhammad, Department of Criminal Law, Faculty of Law, Al-Zaytouna University, Tarhuna, Libya

    Name: Abdul Salam Ali Muhammad Amhamed

    Academic Category: Faculty Member

    University: Al-Zaytouna University

    College: Faculty of Law, Tarhuna

    Department: Department of Criminal Law

    Academic Degree: Assistant Lecturer

    Date of Birth: January 3, 1985

    Email: abseyalrashdy41@gmail.com

    a.amhimmid@azu.edu.ly

    Phone Number: 0923901152

    Academic Qualifications:

    1- Bachelor of Laws, Faculty of Law, Tarhuna, Al-Zaytouna University, 2006/2007 academic year.

    2- Diploma in Criminal Law and Master's Degree in Criminal Law, Mansoura University, 2017, with a very good overall grade.

References

1.
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2.
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Ismail, Muhammad Abd Al-Shafi'i. The Criminal Order. Cairo: Dar Al-Nahda Al-Arabiya, 1st ed., 1997.
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Second: Academic Journals and University Theses
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Ali, Yusr Anwar. "The Criminal Order: A Comparative Study in the Theory of Summary Criminal Procedure," Journal of Legal and Economic Sciences, Faculty of Law, Ain Shams University, Issue 2, Year 16, Cairo, 1974.
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The Egyptian Criminal Procedure Code of 1950 and its Amendments.
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The UAE Federal Criminal Procedure Code of 2018.

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