The procedural role of blood guardians in the criminal case

Abstract

The research seeks to study the role of blood guardians before the judiciary after several rulings passed by the Supreme Court, which ruled out this important role in light of the legislative ambiguity that did not explicitly disclose the role of blood guardians; at a time when the retribution law mentioned the ransom of those who deserve retribution, and at the same time remained silent about how to procedurally claim and organizing this right. The researcher has used the inductive, analytical and critical approach to serve the research objectives. He has reached several results, that the & quot; Islamic sharia & quot; defined the role of the guardians of blood through actual fulfillment, which is the & quot; gawd & quot; request for retribution and another role in the murdering of unknown killers, which is the role of Qasama, “the oath of 50 oaths”; in addition to the fact that the Libyan Criminal Procedure Code organizes similar roles to the role of the blood guardians, namely the victim and the victim of the crime. The researcher has also reached a conclusion that the Supreme Court excluded the role of the blood guardians in the appeal in cassation, pursuant to the provisions Article 381 of the Criminal Procedures. This situation was further complicated by the ruling invalidating the trial procedures before the matter court in the event of participation of the blood guardians in it. The researcher has also concluded that it is possible for the blood guardians to play their role before the court of the matter based on their entitlement contained in Article 2 of the Retribution and Ransom Law, giving that the characteristics of the blood guardians are a mixture of the characteristics of the victim and the aggrieved in the crime.