The Role of the Victim in Criminal Proceedings

(Retribution and Blood Money Crimes as a Model)

Abstract

Anyone who follows the history of Libyan legislators' criminal policy clearly notes a significant bias toward the application of Islamic Sharia provisions. Therefore, this study seeks to examine the Libyan legislator's policy regarding the incorporation of Islamic Sharia provisions into the Libyan criminal system, thereby demonstrating respect for the values ​​and ideals of society. Furthermore, incorporating Islamic Sharia provisions into the positive criminal system is not a simple matter, both quantitatively and qualitatively, due to the differences in the foundations and philosophy of the positive and divine criminal systems. The objective of this study revolves around the extent to which Libyan legislators have succeeded in incorporating procedural Islamic Sharia criminal provisions into the Libyan criminal procedure system with regard to the role of the victim in criminal litigation. Which we saw should be limited to retaliation and blood money crimes. In this study, we employed the foundational and comparative approach between Sharia and law. This study was divided into two sections: The first section addressed the legal foundations for the victim's role in criminal litigation in retaliation and blood money crimes. The second section addressed the victim's role in criminal proceedings in Libyan procedural legislation in retaliation and blood money crimes. We reached the most important conclusions, the most important of which is that Islamic criminal legislation was a pioneer in its attention to the rights of victims of retaliation and blood money crimes at all stages of the criminal case, in contrast to what is followed in the Libyan procedural criminal system. Furthermore, the latter's use of a partial approach to incorporating the provisions of Islamic Sharia weakens the procedural guarantees for the victim's rights. We believe this to be a failure of the Libyan legislator in incorporating the Islamic procedural system in the aforementioned context.