تعليق على حكم المحكمة العليا الليبية بشأن مدى استجواب  مأمور الضبط القضائي للمتهم

د.هيفاء عبد العالي فرج النعاجي

doi:10.58916/alhaq.vi.288

Authors

HAYFA ABDULALI FARAJ Department of Criminal Law, Faculty of Law, University of Tripoli, Tripoli, Libya Author

DOI:

https://doi.org/10.58916/alhaq.vi.288

Keywords:

Interrogation, Procedure, Judicial Officer, Accused, Supreme Court.

Abstract

Interrogation is one of the investigative procedures taken against the accused by discussing in detail the evidence presented against him, whether for or against. Given the seriousness of this procedure, it may only be carried out by judicial authorities. However, the Supreme Court established a principle permitting the interrogation of the accused by a judicial police officer if he confesses during the evidence-gathering stage, and decided that it is not considered an interrogation. This requires investigation by identifying the legal basis on which the court relied in granting the judicial police officer the authority to carry out this procedure, what is the justification for doing so? What is the difference between taking this procedure before or after a confession by a non-judicial body? This is what we will address through a critical analytical study.

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Author Biography

HAYFA ABDULALI FARAJ, Department of Criminal Law, Faculty of Law, University of Tripoli, Tripoli, Libya

Dr. Haifa Abdel-Ali Faraj Al-Naaji
Faculty of Law - University of Tripoli
• First: Personal Information:
 Name: Haifa Abdel-Ali Faraj Al-Naaji.
 Date of Birth: November 15, 1981.
 Place of Birth: Tripoli.
• Second: Contact Information:
 Email: haifa6371@gmail.com
Haifa.faraj@uot.edu.ly
 Mobile Phone: 0914668795
• Third: Academic Qualifications:
 Bachelor of Laws, 2003-2004, with a very good overall grade.
 Master's Degree in Criminal Law, 2007.
 PhD in Criminal Law, 2017, with a very good overall grade.
• Fourth: Job Information:
 Job Title: University Professor.
 Employer: Faculty of Law - University of Tripoli, Libya.
• Fifth: Research, Participation, and Academic Activities:
 Published research paper entitled "The Role of the International Criminal Court in Combating Crimes of Sexual Violence against Women", Al-Zaytouna University, 2020.
 Scientific paper presented at the conference on the repercussions of the COVID-19 pandemic, entitled "Criminal Responsibility and Punishment for Intentionally Transmitting COVID-19 Infection", 2021.
 Scientific paper presented at the conference on combating corruption in Libya from a legislative perspective, entitled "Bribery Crimes between Libyan Legislation and the United Nations Convention against Corruption", 2021.
 Scientific paper presented at the conference on "Children: Between Reality Challenges and Future Aspirations", entitled "Child Abduction Crimes", 2021.
 Published research paper presented at the conference on "The Effectiveness of Penalties for the Crime of Embezzlement", University of Tripoli/Faculty of Law, 2022.
 Published research paper entitled "Criminal Protection of State Information Systems and Websites", University of Al-Marqab/Faculty of Law, 2023.

References

References:

First: Books.

- Osama Mahfouz Al-Sayeh, Guarantees of the Accused during the Preliminary Investigation Stage in the Egyptian and Libyan Criminal Procedure Laws, Dar Al-Nahda Al-Arabiya, first edition, 2015.

- Al-Hadi Ali Bu Hamra, A Summary of the Libyan Criminal Procedure Law, Tripoli International Scientific Library, fourth edition, 2022.

- Awad Muhammad Awad, The Criminal Procedure Law in Libyan Legislation, University Publications House, 2008.

- Mahmoud Najib Hosni, Explanation of the Criminal Procedure Law According to the Latest Legislative Amendments, Dar Al-Nahda Al-Arabiya, fourth edition, 2011.

- Musa Masoud Arhuma, The Intermediary in Explaining the General Provisions of the Libyan Criminal Procedure Law, Publications of the International University of the Mediterranean - Benghazi, first edition, 2020.

Second: Research.

- Houria Muhammad Abdul Rahim, The Balance in the Rules Governing the Scope of Pretrial Detention, "A Critical Analytical Study of Pretrial Detention as a Preliminary Investigation Procedure," Journal of Legal Sciences, Volume 11, Issue 1, 2023.