THE JUDICIAL CONSTRUCTION RELATING TO THE TERRORISM CASES (REALITY AND PROSPECTS)

Abstract

The current study aims to discuss and investigate one of the most prominent and important issues that has been in constant debate in all the previous researches and studies dine in the scope of criminal law ; especially those regarding the juridical construction relating to the terrorism cases. The main attempt of this research is to evaluate the criminal policy of the Libyan Legislation issuing law no.3 for the year 2014 concerning Terrorism combating. Disregarding the recent issuing of the law in subject, the above-mentioned law is of great importance due to its high concern of the juridical apparatus of combating terrorism. However, what makes a wonder herewith is the Libyan legislation has been taking a step backwards when the law (4) was issued in 2017 in regarding of the amendment of the provisions of both the Military Penal Code and the Code of Military Procedures which has already mandated the judiciary of offenders of terrorism according to the terms identified in Article 3. Herewith, the perception of the effectiveness and functionality of the above-mentioned law is not possible without paying the attention to reviewing the jurisdiction from one hand and the working conditions of the judges from the other hand. However, the good conduct of the judges’ work depends heavily on doing several improvements for these apparatus, in addition to promoting the juridical capabilities by supporting these apparatus with the modern facilities, utilizing the experience of the developed countries in this regard. Therefore, the prospects are addressed to developing the juridical construction properly according to the principles of the defense rights and the fair trial as these principles are the constitution fundamentals and the traits of the criminal-justice system.