Forms of Sanctions Other Than Nullity Applicable to the Conversion of Criminal Procedural Acts

Abstract

The Libyan legislator has criminalized, according to the Criminal Procedure Law, the transformation of defective criminal procedural work and defined the rules for that, as well as other criminal legislation, and in particular the setting of forms of penalties other than invalidity, and determining the conditions for their work and the proposed alternatives and limiting the penalties decided by the legislator for the criminal procedural work.

The Libyan Code of Criminal Procedure has developed alternatives to invalidity to preserve the defective criminal procedural work that is threatened with invalidity, including procedural penalties, such as illegality, forfeiture and rejection, non-acceptance, and substantive penalties, including criminal penalties, civil penalties, as well as disciplinary penalties.

The research also includes an evaluation of the Libyan legislator's policy of criminalization and punishment for forms of penalties other than invalidity, so that a kind of balance is created between the general right to combat crime, inflict punishment on the accused, respect the rights and freedoms of individuals and the proper course of justice, and the aspects of distinction between invalidity and other forms of penalties described in the research.