Means of Evidence Collection under Libyan Criminal Law: An Analytical Study

Abstract

This study addresses the subject of methods of evidence collection under Libyan criminal law, as a preliminary stage preceding the initial investigation. This stage is undertaken by judicial police officers with the aim of uncovering the crime, gathering preliminary information about it, and identifying its perpetrators. The importance of this stage lies in the fact that it constitutes the foundation upon which subsequent investigative procedures are built, without in itself rising to the level of full judicial evidence.

The research examines the concept and nature of evidence collection, highlighting its distinction from the stages of investigation and trial in terms of legal nature, competent authority, and applicable procedures. It also reviews the principal tools relied upon by judicial police officers, such as receiving reports and complaints, conducting inquiries, hearing witness statements, moving to the crime scene for inspection, seizing items related to the offense, and seeking the assistance of experts when necessary.

The study concludes that records of evidence collection retain an inferential character and do not possess absolute evidentiary value before the courts. Rather, they are subject to the discretionary assessment of the investigative authority and the judiciary, within the framework of the principle of the criminal judge’s freedom in forming their conviction. The study further emphasizes the need to strike a balance between the effectiveness of evidence-gathering procedures and the protection of public rights and freedoms, particularly in light of potential abuses in practical application.