The Courts Adherence to The Real and Personal Limits in The Criminal Case

Abstract

This study addressed the subject of the court's adherence to the objective and personal limits in the criminal case، as the problem of the study revolves around clarifying the extent of the courts adherence to the subject of the criminal case and its persons and whether there are limits to that. Through this study, it became clear to us that the Libyan legislator restricted the criminal judge to the limits of the criminal case ( personal ، real) according to the text of article 280 of the Libyan criminal procedure code and that criminal judge has the authority to change the restriction and description with regard to the charge and the accused but this is according to the availability of certain conditions and that the judge is not given the right to add new facts that were not presented to him in case unless they are included in the judge shall not be given the right to add new facts that were not presented to him in the case unless they were included in the investigation or proven through the pleadings and the same applies to the accused and the invalidity shall result if the criminal judge does not adhere to the limits of the criminal case because this is a matter of public order.