-15 »-

SUPFLEMENT 79,2 - Continuedı

le

3)

1)

2)

3)

Interdiction specified in the two preceding
articles shall be for the period of exeoution
of the penalty and another period following
it as decided by the judgment, the second
period being not less than 1 month and not
exoeeding 3 years in misdemeanours and not
less than 1 year and not exoeeding 5 years

in orimes.

Any person sentenced to death is in a state

of legal interdiotion.

Any person sentenced to imprisonnent for life
or for a period not less than 5 years is in

a state of legal intemdiotion for that term.

It is the duty of the oonvioted person to
appoint a custodian to manage his property.
If he does not appoint one the Court of
Fırst Instance, to which the residence of
the convicted person belongs, should do so
in acoordance with a request submitted by
the Parquet or the interested party. Tye
court may order the appointed oustodian to
furnish a guarantee. The appointed ous-
todian shall be subjeet to the court in
all matters relating to the custody. The
oonvioted person is not allowed to dis-
pose of his property exoept by permit

from the said court. Any promised ob-
ligation which has not taken the pro-
oeedings into oonsideration shall be
considered mull and the money involved

-16 -

SUFFLEMERT E9,2 - Continued:

Artiole 42:

Artiole 45:

Artiole 58

shall be repaid to the convicted person
after termination of the penalty or
upon his release, The oustodian shall
submit to him an acoount of his custod-

ianship.

Penalties restrioting freedom are subjeot to

the supervision of the judge and the Parquet.

Convicted persons are entitled to remuneration
for the work to which they are set during the
oourse of the penalty, according to what has
been deoided by present legislation. Suoh
amount shall not be the subject of reduotion

or mortgage.,

Misdemeanours are the offences punishable by
the following penaltiesı-

Detention, the maximum period of which exceeds
one month,

Fine, the maximım of which exceeds kL.10.

Contraventions are the offenoes punishable by
the following penaltiesı-

Detention, the maximm period of whioh does
not exoced one month.

Fine, the maximum of which does not exceed

4L.10.

For the penalty of death or imprisomment for
life is substituted imprisonment for a period
of not less than 10 years. The other penalties

are reduced by an amoımt not exoeeding one

17 =

SUPPLEMENT W0,2 - Continueds

Artiole 60:

Artiole 6lı

Artiole 70:

third if the offender did not know of the pre-
existing or contemporaneous causes of the aot
or if the supervening oauses were independent
of his act or omission, provided that these
oauses have major importance in the ocourrence

of the event,

An attempt to commit a crime is punished with
the penalties hereinafter mentioned, unloss the
law provides otherwise s-

By imprisonment for life if the penalty for the
crime is death.

By imprisonment for not less than 8 years if
the penalty for the orime is imprisonnment for
life,

In other cases the sentence is as laid down for
the erime with a reduotion of 50% of the maxi-

mm and minimum thereof.

The penalty for an attempted misdemeanour is
that laid down for the completed misdemeanour
with a reduotion of 50% of the maximm or min-
imm thereof,

No one is liable to be punished who has done

an aot, being oonstrained thereto by the need
to excroise his own right of lawful defence.
This right allows a person to commit any act
neoessary for the prevention of the commission
of orime whioh would oause injury to himself

or to another, but this right shall no longer
exist if it is possible to appeal to the members

of publio authority at the opportune moment.

-13-

SUPPLEMEFT WO,2 - Contimusd.
Artiole 71
„kazra, 1, With due observation of the provisions of

Aztiole 73:

Artiole 81

the preceding artiole a publio official is
not liable to bo punished if, in order to
perform a duty appertaining to his offioe,
he uses or orders the use of arms or other
means of physical coercion when oonstrained
by the neoessity to repel force or to ovem

come resistance against authority.

When in order to oommit any of the actse pro-
vided for by the preoeding artioles, the
limits presoribed by law, or by the order of
the authority, or imposed by neoessity, are
negligently exoeeded, the provisions concern-
ing negligent offences apply if the act is
made a negligent offence by law.

If several acts are oommitted in pursuance
of one oriminal intention then shall they

be oonsidered as one offence if they oontra-
vene the same provision of the law although
they differ in gravity or were committed at
different times but the penalty therefor
shall be increased by one third.

4 juvenile who at the time of the oommission
of the offence had oomploted 14 years but had
not oompleted the age of 15 years and had the
capacity of oonsoienco and volition is orimin-
ally responsible but the penalty is redused
by two thirds.

-19 -

SUEFLEMENT W,2 - Contimued:

Article 84:

Artiole 87
ı

Artiole 91:

Anyone who at the time he oommits an act is
by mental infirmity resulting from disease
in such a state that his capacity of eonsoiense
and volition is greatly redused, but not totally
absent, is answerable for any offence he commits.
But in his oase for the penalty of death the
penalty of imprisonment for not less than 10
years shall be subetituted, and for imprison-
ment for life shall be substituted imprisonment
for not less than 5 years. Other penalties
shall be reduoed by two thirds.

No one is criminally responsible who at the
time of commission of the offence did not have
the oapacity of conscience and volition by
reason of complete drunkenness resulting fron
ohance or force majeure, or by consumption of
any other substanoe without having knowledge

of its nature.

When the offence is committed under the influ-
enoe of narcotio drugs the provisions of Articles
87, 88 and 90 shall be applied.

In the conditions of recidivism provided for
by the preceding article the penalty is in-
oreased to an extent not exoeeding one third.
If reoidivisn reours the penalty mist be in-
oreased to an extent not less than one fourth
and not more than one half. In any event the
period of imprisonment may not exoeed 20 years.

- 20 -

SUPPLEMENT W, 2 - Contimueds

Article 100:

Artiole 108:

Article 1104

Anyone is considered to be an accomplice whor-
1) Imeites to the commission of the act con-
etituting the offence if the act is done

as the result of the incitenent.

2) Supplies the offenders with arms or other
instruments of eny kind used in the oon-
mission of the offence with knowledge that
they will be so used, or assists the of-
fender or offenders in any other manner in
aots preparatory to, or facilitating, or

completing the oommission of the offence.

3) Agrees with others to commit the offence
and such offemce was committed according

to this agreenent.

The prescriptive period is interrupted by con-
wiotion, or by causation proceedings, or by
investigation or trial. I+ is also interrupted
by the oriminal order, or by the proceedings
of oonfrontation of the accused, or if he is
offioially notified of the interruption.

When more oauses than one interrupt the
period shall reoommenoe from the date of the

last prooeedings.

In articles of oontravention in which the law
does not provide an obligatory penalty of
detention or adjudication of penalties other
than a fine or detention reoomsiliation is
permissible.

- 21 -

SUPFIEHERT W, 2 - Contimed:

Artiole 12:

In oases where reconeiliation is permissible
it is the duty of the person who prepares the
minute to submit such minute in the presence
of the acoused, and it shall be confirmed in
the minute that this has been done.

The acoused who desires reoonciliation must
pay into the oourt treasury, or any other
public treasury, within 10 days from the date
of submission of reoonciliation to him the
sum of 50 piastres in cases punishable by
law by penalties other than a fine, and the
sum of 100 piastres in oases punishable either
by detention or a fine by mcans of option.

The oontraventior: shall be canoelled by the

payment of the reconoiliation amount.

When imposing a penalty of detention for a
period not exceeding one year or a fine, the
court may at the same time order that the
penalty be suspendod for a period of 5 ycars.
This period shall commence from the day on
which the sentence becomes final.

The oourt may apply the provisions of the
prooeding paragreph to a juvenile whose age
is less than 18 years and in the caso of those
who have attained the age of 70 years when
sentencing them to a penalty not exooeding
2 years.

For the purpose of applying this prooedure
when sentenoing to a penalty for which no
period is appointed the basis to be adopted
shall be the minisum penalty inflioted so
long as the other oonditions demanded by the

law are present.

=D

SUPPLEIENT W.2 - Contimueds

Article 114:

Artiole 1524
„lien lı _

Artiole 176:

The order for suspension is revoked if,

during the period mentioned in Article 112,

the following occur:-

1) If the offender oommits a orime or a
misdemsanour for which the penalty of
restrioting freedom for more than 1

month was imposed on him.

2) I£ a penalty restrieting freedom for
more than one month was imposed on him
for oommitting a orime or a misdemeanour

before delivery of the suspension order.

1) At the time of sentence of imprisonment
or detention for a period of more than

l year.

Whoever inoites the troops to disobey the laws,
or to be false to the oath they have taken, or
to fail in the duty of their military disoipline,
or any other duty inherent in their position,
or induses them to approve of acts oontrary to
the laws, to their oaths, to their discipline,
or to any other military duties, ahall be pun-
ished by a penalty of imprisonment for a period
not exceeding 5 years, provided that the act
does not oonstitute a graver offence. If the
offenoe was oommitted publioly then the penalty
ehall be imprisonment for a period not exoeeding

7 yaars. Tme penalty shall be doubled when the
offence is oommitted in time of war.

-23.

SUFFLEMENT 19,2 - Contimued:

Article 1975
‘

Artiole 2061
parap. > & 4

Whoever makes, imports from abroad or obtains
bombs or dynamite or other explosives with the
intention of oommitting an act of the aforesaid
acts ahall be punished by imprisonnent for a

period not less than 5 years.

Whoever intentionally destroys buildings,

ammmition warehouses or other property of
governmerit properties ahall be punished by
imprisonment for life or imprisonment for a

period not less than 5 years.

Whoever takes part in any of the Associations
referred to in the two preceding paragraphs
shall be punished by a penalty of detention
for a period not less than 6 months and by a
fine which ahall not be less than LL.50 and
not exoseding kL.200.

Whoever, within the Kingdom of Libya, takes
pert in or joins in any of the aforesaid Assoo-
iations heving their headquarters outside the
Kingdom of Libya shall be punished by a penalty
of detention not exoeeding 2 years and by a fine

not exoeeding kL.200.

If several persons oonspire to oommit one of
the intentional offenoes provided for by Chap-
ters 1& 2 of this Mitle, punishable under this
Code by death, imprisonment for life or impris-
onment, each person taking part in the said
oonspiraoy shall be punishable by a penalty

-4-

SUPPLEMEFT 0.2 - Contimedı

Axtiole 212:

of imprisonment for a period not exceeding 6
years if the offence is not committed, and a
penalty of imprisonment for a period not ex-
oeeding 10 years in the oase of the person
who promoted the oonspiraoy.

Nevertheless the penalty shall not exceed
half the penalty presoribed for the offenoe

which is the objeot of the oonspiraoy.

If an association of three persons or more is
formed for the purpose of oommitting one of
the offences mentioned under the preceding
artioles, the person who promotes, founds or
organises the association shall be punished by
a penalty of imprisonment for a period not ex-
oeeding 12 years and the leader thereof shall
suffer the same penalty.

One who only took part in the association
shall be punishable by a penalty of imprison-
ment for a period not exoeeding B years.

The penalty shall be inoreased if the pur-
pose of the association was to commit two or
more of the said offences,

Whoever harbours a person taking part in a
prohibited armed band shall be punishable by
a penalty of detention for a period not ex-
oeeding two years unless he is an acocmplioe
in the orime.

Tne penalty shall be inoreased if the har-
bouring and supplying with provisions is
oontimmus.,

The penalty shall not be reduced if the
offender is harboured or supplied with pro-
visions by one of his kindred.