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Constitution of Libya – 4: Judicial Guarantees

Part Four
Judicial Guarantees

Article 31
There shall be no crime or penalty except by virtue of the text of the law. Any defendant shall be innocent until he is proved guilty by a fair trial wherein he shall be granted the guarantees necessary to defend himself. Each and every citizen shall have the right to recourse to the judiciary authority in accordance with the law.

Article 32
• The Judiciary Authority shall be independent. It shall be exercised by courts of justice of different sorts and competences. They shall issue their judgments in accordance with the law. Judges shall be independent, subject to no other authority but the law and conscience.

• Establishing Exceptional Courts shall be prohibited.

Article 33
• The right of resorting to judiciary shall be preserved and guaranteed for all people. Each and every citizen shall have the right to resort to his natural judge. The State shall guarantee to bring the judiciary authorities near the litigants and shall guarantee the swift determination on lawsuits.

• Laws shall not provide for the prohibition of judiciary authority to control any administrative decree.

Next: Chapter 5 – Conclusive Provisions

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