.5.

SUPPLEMENT RO.2 - Contimed,

cle s

Artiole 218:
„Bert lı

Artiole 220,

Artiole 222:

Whoever prevents another, either wholly or
partly, by force, threats or deceit, from
the exercise of a political right shall be
punished by a penalty of detention. The same
penalty shall be applied to whomsoever oompels
another to exercise that right in a manner

contrary to his will.

Whoever, within the territory of Libya, at-
tacks the life or safety of the Head of a
Foreign State or makes a grave attack upon
his personal liberty shall be punished by a
penalty of imprisonment for life if the attack
was upon life, and by imprisonment for a
period not less than 5 years under the other

abovementioned conditions.

Whoever publicly attaoks the honour or pres-
tige of the Head of a Foreign State who is
within the territory of Libya shall be pun-
ished by a penalty of a period of imprison-

ment not exceeding 5 years.

Whoever, within the territory of Libya, in a
publio place, or a place open to the public,
insults the official flag or emblem of a For-
eign State while being used in confomity
with the law of Libya shall be punished by

& penalty of detention.

The same penalty shall be applied if the
insult is against the flag or emblem of the
United Nations, the Arab League or any other
international body established by decision
of the Minister of Foreign Affairs.

26 m

SEEIREET 0.2 - Continue

axkiole 226:

Every public official who aocepts for himself
or for another a gift or a promise of anything
to whioh he is not entitled, whether the same
be money or any other benefit whatsoever, for
the purpose of doing or not doing, delaying,
or oontravering his official duties shall be
punished by a penalty of imprisonment for a
period not exoeeding 5 years and by a fine
equalling the value of the gift he accepted
or whioh was promised to him,

The same penalty shall be applied to the
briber and to ihe intermediary who acts be-
tween the brivcr und the bribed person.

Tne penalty shall be detention if the
public official a0cepts a gift for an of-

fioial act which he has already done.

If from the aot provided for by Artioles 226
and 227 a sentence results in imprisonment
for life or imprisonnent, then shall the
penalty be imprisonment for a period not
less than 6 years and a fine not less than
4L.200.

If the result of the act is a sentence of
death, then shall the penalty be imprisonment
for life.

Bvery publio offioial who, by virtue of his
offioe, service or mission, has in his pos-
session money or any other movable property
of the Public Administration or of a member
of the publio and who embezales the same or

=07 =

SUPFLMEET WO.2 - Contimued

Artiole 231:

lays claim to the ownership thereof or invests
enother with the same shall be punished by a
penalty of imprisonment for a period not ex-
oeeding 10 years and a fine. double the value
of the embezzled property.

Every publio official who by the abuse of his
offioe oompels or induces another to give him
or another money or any other benefit to which
he has no right shall be punished by a penalty
of imprisonment not exoeeding 12 years and a
fine between LL.200 and EL.800. The penalty
shall be dete.'tion for a period not less than
6 months if the zublio official receives the
property, taking advantage of the error of

another,

Every public official who obtains for his
personal benefit, either direotly or by any
other means, or by any fiotitious actse, any
edvantage from any of the public administra-
tive duties exeroised by him by virtue of his
office shall be punished by a penalty of de-
tention for a period not less than 6 months.

Every public oifioial who employs his office
for the purpose of staying the exeoution of
orderse issued by the Govermment or to stay
the oourse of the laws or regulations in force
or to delay the oollection of goods or fees
legally due or tbe exeoution of any sentence

-B-

SUPPLEMENT W.2 - Contimued:

Artiole 235:

Artiole 238

or demand of a Court or the execution of any
order issued by the appropriate Authority
shall be punished by detention for a period
not less than 3 months.

The same penalty shall be imposed on every
publio official who intentionally prevents the
exeoution of a judgment or an order of those
mentioned above, after the lapse of 10 days
from the date of his warning by a bailiff,
if the exeoution of the judgment or the order

comes within his jurisdiction.

Every publio official who abuses the powers of
his office to the benefit of another or to the
detriment of another and where there is no
speoial provision of criminal law applying to
his act shall be punished by a penalty of de-

tention for a period not less than 6 months.

Every publio official who in breach of the
duties of his offioe, or by the abuse thereof,
divulges offioial information which should re-
main seoret, or who by any means whatsoever
facilitates the divulging thereof shall be
punished by a penalty of detention for a

period not less than 6 months.

If three or more public offioials, or official
employees of the publio utilities, abandon

their offices, employment or servioe, or oarry

- 29 -

SUPPLEMENT NO.2 - Continued.

Artiole 243
„Dar, 3:

on the same in such a manner as to disturb the
oontimuity or regularity thereof, and this by
reason of their agreement so to do, or by reason
of their desire from so doing to forward a
common purpose, each of them shall be punished
by detention for a period between 3 months and

l year and a fine not exoeeding kL.100.

If the interference was against a speoisl sale
which was oarried out in the interest of pri-
vate persons under the supervision of a mublio
official, or any other person authorised by law,
the penalty deoiued by paragraph 1 shall be

applied.

Every publio offioial attached to the Postal,
Telegraphic or Wireless Servioe who conoeäls,
stays or delays any correspondence or who,
having seen the same, communicates it oontents
to another, shall be punished by detention for
@ period not less than 6 months.

For the purpose of this article "correspond-
enoe" shall include letters, telephonic oon-
versations, telegrams, or any other means of
communication.

If the aforesaid acts are oommitted by other
persons, then the penalty shall be detention
for a period not less than 6 months or a fine
not exoeeding LL.20 according to the oomplaint
of the prejudioed party.

- 30 -

SUPFLEMENT W,2 - Contimueds

Artiole 245:

Artiole 246
„zert. li

Wnoever insults a public officiel, or offers
en indignity to him, while the said public
offioial is engaged in his official duty, or
as the result thereof, either by gestures,
words, or threats, or by way of telegraph or
telephone, or letters, or drawings sent to him,
shall be punished by a penalty of detention
for a period not exoeeding 1 year.

The penalty shall be increased by not more
than one half if the attack is directed against
@ judge during the course of a trial, or against
any one of tne members of a judicial or adnini-
strative body during the time that the said
body is assembled,

The same penalty shall be applied if the at-
tack is direoted against the honour of a
Judioial or administrative body or against
the respeot to which it ie due and this at the
time the said body is assembled.

Whoever uses force or threats against any public
official to compel him to do an act in breaoh of
the duties of his office or of the duties of the
servioe entrusted to him or to induce the said
publio official to refuse to do what is legally
imposed upon him to do shall be punished by a
penalty of detention not less than 6 months.

Whoever, by foroe or threats, resists any per-
son charged with the public security or any
other public official while he is performing
the duties of his office shall be punished by
a penalty of detention for a period not exosed-

ing 2 years.

-3,-

SUPPLEMENT ND,2 - Continued

Artiole 2483

Article 249:

The same penalty shall apply to whomsoever
used force or threats against anyone who has

been requested to give assistance by the person

before-mentioned.

If the acts provided for by the two preceding
Articles are committed against an administra-
tive or judicial body then the penalty shall

be detention for a period not less than 1 year.

The penalty prescribed by the three preceding
Articles shall be increased to the extent of, '
but not exceeding, 50% if the force or threats
are used by means of arms or by a masked person
or a number of persans actinge together or by
means of an anonymous letter or by the use of
symbols or by intimidation emanating fron
seoret associations, real or pretended,

If the force or threats are used by 5 or
more persons acting together and accompanied
by the use of arms, even although by one only
of those persons acting together, or if the
number of persons exceeds 10, although unao-
oompanied by arms, then shall the penalty,
under the conditions provided for by Article
246, para. 1, and Articles 247 and 248, be
imnprisonment for a period not exceeding 10
years, and in the conditions provided for by
the seoond paragraph of Article 246 imprison-

ment for a period not exoeeding 5 years.

- 2-

SUPBLEMENT N9,2 - Contimueds
Article 252
para, 13 Whoever breaks any seal affixed for the se-

Article .

curity of any place, or to prove identity, or
for the protection of papers or any other goods,
by legal process or by the administrative or
judicial authorities shall be punished by a
penalty of detention for a period not exceed-

ing 1 year.

Whoever, being entrusted with the custody of
enything sealed, by his negligence facilitates
the breaking of the seals or renders the same
possible shall be punished by a penalty of a
fine not exoeeding &L.50.

If seals are put on documents or on the
property of an accused in a felony, or of a
person convicted of a felony, the penalty for
the guard who is guilty of negligence shall

be detention for a period not exceeding 1 year.

Whoever embezzles, damages, disperses or de-
teriorates objects connected with an offence,
or exhibits, documents, registers, or any other
movable property relating to the Public Admini-
stration, the same being kept in a public office
or delivered to a person legally deputed to
have oustody of the same, shall be punished by
a penalty of detention for a period not less
than 1 year, unless the acts constitute a
graver offence. The penalty shall be imprison-
ment for a period not exceeding 6 years if the
offence is oommitted by a publio official who

is in oharge of the movable property.

- 33 -

SUFELEMENT W.2 - Contimueds

Article 2574

Article 258
paras., 2 & 31

Whoever pretends to have influence with a
publio official and takes from another for
himself or another, or indwoes another to

give him or another, money or other advantage
or obtains a promise thereof as the reward

for his mediation with the said public official
shall be punished by a penalty of detention and
a fine of between LL,30 and LL.100,

Whoever takes for himself or for another
money or other advantage or obtains the promise
thereof under the pretence that the said money
or other advantage must be used to obtain the
favour of the public offioial and to reward
him therefor shall be punished by the same

penalty.

The penalty shall be detention for a period

not exceeding 2 years if the aot relates to

a orime the penalty for which is death, im-

prisonment for life, or imprisonment the

maximum term of which is not less than 10 years.
The penalty shall be detention if the act

has been committed by a marshal (judicial

police), whatever the means by which he may

have had knowledge of the crime.

Whoever, even by anonymous letter or under an
assumed name, acouses another of an act made

by law an offence, kmowing that the person he
acouses is innocent, or who fabricates against

such person evidenoe of an offence in such &

- 34 -

SUPPLEMENT W,3 - Continued.

manner that penal proceedings may be insti-
tuted against the person so falsely accused

if the complaint be made to the appropriate
authority, even though the signature on the
complairt or the allegation may be illegible or
eigned with a fictitious name, shall be punished
by a penalty of detention.

The penalty shall be inoreased by an amount
not exoeeding one half if the accusation is of
an offence punishable by death or imprisonment
for life or the penalty for which is imprison-
ment exoeeding 10 years.

The penalty shall be imprisonment for a
period not exceeding 5 years if the acousation,
or the fabrication of evidence alone, results
in a sentence of inprisonment exceeding 5
years; if the sentence is imprisonment for
life then shall the penalty be imprisonnent
for a period not exceeding 5 years.

If the sentence was death then shall the
penalty be imprisonment for a period not

exceeding 10 years.

Whoever makes a declaration before the appro-
priate authority falsely accusing himself of
an act made an offence by law, even though the
accusation be made by means of an anonymous
letter or under an assumed name or by s con-
fession before the Judicial Authoritiee, in
such a marmer that penal proosedings may be
instituted shall be pugjshable by a penalty
of detention for a period not exoeeding 2

years.