Pre-Trial Detention in Libyan Law: Between Issues of Controls and Compensation for Damages

Abstract

Summary

Imprisonment is one of the most dangerous criminal procedures that are taken by the accused and which entails restricting his freedom for a period that may be longer or shorter before a judicial judgment is issued convicting him, which shall be enforceable. The investigation authority shall resort to this procedure for several reasons, the most important of which is protecting the interest of the investigation and preserving the security and stability of society.

       And since the procedure of pre-trial detention is exceptional and dictated by the necessity, it should be surrounded by a fence of guarantees to limit its application so that only the authority designated by the law to take such action is ordered, and also it is only ordered in connection with certain crimes and in the face of accused persons who may be held in preventive detention. In addition, this procedure should be restricted to a specific period that he does not exceed, in order for the order issued to be true to achieve its objectives, preserving personal freedom and preventing it from violating it or threatening to violate it at any time.

       We dealt with the issue of preventive detention in the Libyan law by dividing it into three sections, we devoted the first topic to studying the nature of preventive detention and distinguishing it from other similar procedures, and in the second we presented the objective and formal conditions for the correctness of the procedure of remand detention, and we discussed in the third and final topic the controls of preventive detention and compensation For his damages.