Return in Libyan penal law

Abstract

The idea of the research revolves around evaluating the Libyan legislator's approach in regulating and constructing laws related to punishment for crimes. This is based on the principles and perspectives adopted by this legislation, aiming to assess the consistency and coherence of this framework with these principles and perspectives. With this perspective, it leads us to uncover and understand the essence of the penal system and its philosophy. This involves comprehending its dimensions, which is undoubtedly achieved through the application of a critical and analytical approach. Moreover, the comparative method significantly fulfills the research objectives, enhancing and enriching it while contributing to its depth. The research has ultimately led us to identify a conflict and contradiction between the foundations and orientations of constructing the penal system, as initiated by the Libyan legislator, and the constraints formulated to which the punishment relies. This clash extends beyond the sphere of punishment, affecting related issues and common denominators, necessitating a reconsideration of this framework.