Procedural Constraints and their Impact on the Principle of Equality in the Libyan Criminal Procedure Law

Abstract

The Libyan legislator has introduced several procedural constraints in the Criminal Procedure Law, restricting the authority of the Public Prosecution in initiating and filing criminal cases in certain situations. The decision to initiate a criminal case has been entrusted to other entities, as they are deemed more competent than the Public Prosecution in assessing whether to proceed with the case. These constraints take the form of (complaints, requests, and authorizations). Since they are exceptional restrictions, their application should not be expanded, as doing so could undermine the principle of equality upon which all laws are based. This research highlights the broad expansion of these constraints, which have been granted to multiple entities, to the extent that many now enjoy procedural immunity, preventing the Public Prosecution from carrying out its duties unless these constraints are lifted. Almost every new law introduces procedural immunity for employees under its jurisdiction. This could lead to the erosion of the fundamental principles of law and its applicability to various segments of society. The foundation of law is its applicability to all individuals residing within the state. Expanding these constraints jeopardizes the principle of equality before the law. Therefore, such constraints should not be broadly applied or used as an obstacle to the enforcement of the law, especially in cases of flagrante delicto. Constitutional provisions should regulate the use of these constraints to prevent their excessive application.