The matter is that there is no basis for bringing a criminal case in Libyan legislation

Abstract

The preliminary investigation stage is considered the preparatory stage for the trial stage - the final investigation - during which evidence proving the occurrence of the crime and its attribution to the accused is investigated and scrutinized in order for the accused to be referred to the trial court based on evidence that suggests his accusation.

     If the primary investigating authority is unable to obtain a sufficient amount of evidence and considers that the case is destined for an acquittal, it postpones referring it until it is able to obtain a sufficient amount of evidence, then it issues an order that there is no basis for filing a case until then.