The problem of the unity of the statute of limitations between criminal and civil cases "An analytical study of Libyan law"

Abstract

Since 1953, Libyan legislation adopted the statute of limitations system for both criminal and civil cases. This approach continued until the issuance of Law No. 11 of 1997, which marked a turning point towards abolishing the statute of limitations in criminal cases.

Although the abolition of the statute of limitations was limited to criminal cases alone, and the principle is that civil cases are independent of criminal cases in terms of their statute of limitations, this might suggest that the effect of this abolition would not extend beyond the criminal case. However, the reality is that this abolition has impacted civil compensation claims arising from a crime, for which civil law stipulates a unified statute of limitations with that of the criminal case related to the same crime.

This connection in the statute of limitations between civil and criminal cases was established at a time when the Libyan legislature adopted the statute of limitations system for criminal cases, a system that no longer exists. This necessitates examining the impact and scope of the abolition of the statute of limitations in criminal cases. The study concluded that the Libyan legislature must review the provisions of the Civil Code relating to the statute of limitations for civil claims arising from a crime, in light of the abolition of the statute of limitations for criminal cases. The study also recommended that the Supreme Court play its role in resolving inconsistencies between its rulings on this matter.