LibyanPenalCode_PAD version
- 35 - SUBPLEMERT W,2 - Contimued: No penalty shall be imposed under the oon- ditions set forth in the last paragraph of Article 258. If the false acousation or false self- acousation relates to an act made by law a contravention then shall the penalty be detention for a period not exceeding 1 month or a fine not exceeding bL.10, Whoever, being a party to a civil case, swears a false oath shall be punished by a penalty of detention for a period not exceeding 2 years, To the detention may be added a fine not exceeding LL.100. Whoever gives evidence before the Judicial Authorities and conceals, denies, or refuses to say, whether in whole or in part, what he knows of the faots on which he is interrogated shall be punished by detention for a period not exoeeding 2 years. If as the result of the offenoe a sentence of imprisonment for a period not exceeding 5 years is imposed then shall the penalty be de- tention; if the sentence is for more than 5 years then shall the penalty be imprisonment for a period not exceeding 7 years; if the false evidence results in a sentence of im- prisonment for life then shall the penalty be imprisonment and a penalty of imprisonment for life shall be imposed if the false evidence results in a sentence of death.
-36- SUEFLEMENT W,2 - Continued Artiole 2705 Whoever, after the ocourrence of a orime or misdemeanovur, gives assistance to a person suspeoted of being the offender, or assists & person under arrest pending trial or one escaped from prison to conceal himself from the pursuit of the Authorities, or who preju- dices the ourrent investigation in respect of that person by hiding him, or by destroying evidence of the offence, or by giving false information, or by any other means, shall be punished by a penalty as hereunder:i- If the penalty deoided for the offence which has been oommitted, or for which an offender has been arrested or imprisoned, is death or imprisonment for life, then the penalty shall be detention. If the penalty decided for the offence is im- prisonment, the penalty shall be detention for a period not exceeding 2 years, In other oases the penalty shall be detention for a period not exceeding 1 year provided that the penalty does not exceed the maximm limit decided for the offance itself. The Provisions of this Article shall apply even though the person assisted was not respon- seible or it is proved that he did not oommit the offenoe. No penalty shall be applied if the offenoe was oommitted in order to assist kindred. If any of the aots provided for in one of the two preceding Artioles relates to a cantraven- tion the offender shall be punished by a penalty of fine not exceeding kL.2.
-37- SUEPLIMENT W.2 - Contimieds Article 276: drtiole 279: Any advocate or agent in ea judicial matter who falsely claims to have influence with a Judge, the public proseoutor or witnesses, or an expert or interpreter, and as the result thereof takes for himself or another money from a client, or any advantage, or receives any promise therefor, the said taking or receiving being in consider- ation of his obtaining tbe assistance of one of the persons aforesaid, and also if he olaims that it is neoessary to reward them, shall be punished by a penalty of detention for a period not less than 6 months and a fine not less than 41.50 and not exoeeding kL.200, Any person appointed to have the charge of a person in custody or to accompany him, or to transfer him and who assists or facilitates the escape of that person or who feigns negligence therein, shall be punished by a penalty of detention for a period not less than 6 months. If the person in oustody was under a sentence of death or imprisonment for life or was aocused of a orime punishable by one of those two pen- alties then shall the penalty be imprisonnent for a period not exoeeding 7 years. Whoever enables a person in custody to es- oape or assiste him to escape or facilitates his escape under conditions other than those already provided for shall be punished in ao- oordance with the following provisions s=
- 38 - SUPPIEMENT W.2 - Continueds Artiole 291: Artiole 29): If the person in oustody was under a sen- tence of death or of imprisonment for life or was acoused of a crime punishable by one of those two penalties, the penalty shall be imprisonnert for a period not exceeding 5 years. In other circumstances the penalty shall be detention. If ten or more convicts, or persons in law- ful oustody, openly revolt colleotively or use force or incite other persons in custody they shall be punished by a penalty of detention for e period not less than 1 year if they reject or refuse to obey a warning given to them to retum to order. If for the oommission of the offence ad- vantage is taken of circumstances of a tem- porary, local, or personal nature so that the preservation of order is hindered or prevented, then shall the penalty be increased to an ex- tent not exceeding one and a half times the normal penalty. The penalty shall be imprisonment for a period not exoeeding 5 years in respeot of him who leads, organises, or takes a prin- oipal part in the insurrection. «hoever publioly attacks the Mohammedan re- ligion which is the offioial religion of the State in accordance with the Constitution of the United Kingdom of Libya, or who blas- nhemes against God, Mohammed or the prophets,
- 39 - SUFPLEMENT W,2 - Continueds Artigle 292: Artiole 293: Artiole 296 „Dara. lı Artiole 297: shall be punished by a penalty of detention for a period not exceeding 1 year or of a fine not exceeding LL.50. Whoever violates the sanotity of tombs or cemeteries or desecrates or disturbs funeral rites or attacks a corpse shall be punished by a penalty of detention for a period not exceeding l year or of a fine not exceeding AL.50. Whoever mıtilates, destroys or damages part of a corpse or disperses the remains shall be punished by a penalty of detention. Whoever comceals a corpse or part thereof or conceals the remains thereof, or buries a corpse without informing the concerned author- ity and before a search or investigation has been oerried out oonceming it, shall be punished by a penalty of detention. Whoever, with intention to kill, commits an act not being an aot against the safety of the State yet endangering the public safety ahall be punished by a penalty of imprisonment for a period not less than 10 years. Whoever intentionally causes a fire on another's property shall be punished by im- prisonment for a period not exceeding 7 years.
- 40 - SUPPLEMENT W.2 - Continuedı Artiole 298 ar, 2ı Whoever sets fire to his own property and the result of this act damages another's property or endangers the public safety shall be punished by a penalty of detention for a period not exceeding 5 years. And in the coircumstances of the sinking or foundering of a ship or the fall of an sairorsft or the occurrence of an acoident to the railway the penalty shall be imprisonment if the offenoe was committed by the destruotion of lights or other signals or by removing the same or ooncealing them or by the use of mis- leading signals or by any other deceptive neans. Whoever igmites a fire in his own house or in the house of another for the sole purpose of oausing injury to the property of another, if his act results in the danger of another fire or another disaster, shall be punished by a penalty of detention for a period not less than 6 months. The same penalty shall apply to whomsoeveri- Damages or destroys any structure erected for the purpose of the oonservation or disposal of water, or structures erected to ayoid danger from water or to prevent ite sinking into the earth, or who defiles water, if the act was committed with the intention of causing damage and danger of a disaster results therefrom
Sy a SUPELREN] W.2 - Contimedı If as the result of any act mentioned in Article 300: Artiole 305: the two preceding paragraphs fire or any other disaster occurs, the penalty shall be imprison- ment for a period not exoeeding 7 years, The penalty prescribed by Articles 297 and 299 of this Code shall be inoreased by an amount not exoeeding one half if fire results from the oommission of the act against the buildings or structures hereinafter referred toı- 1, 2% 3. 4 Publio buildings or buildings for publio use or places of pilgrimage or monuments or tombs and their appurtenances, or forests or woodsz Inhabited buildinge, or buildings pre- pared for habitation, or faotories, workyards, or quarries or mines, or flood-gates, or structures for the distribution of water or similar strw- tures ereoted for the purpose of oon- servation of water or its disposal; Ships or other flosting structures or aircraft; Railway stations, shipping harbours, air- ports, public stores, or warehouses for the storage of goods, or granaries, or oereal stacks, or warehouses for the storage of explosives or inflammable or kindling materials, Whoever intentionally omits to place in position the means or equimment or signs pre- pared for the avoidanos of industrial disasters
4. SUERLEIENT W.2 - Contimued Artigle 304: Artiole 306 or accidents shall be punished by a penalty of detention for a period not less than 6 months. The same penalty shall apply to whomsoever removes or destroys the said means, equipment or signs. If a disaster or accident ocours us the result of the act then shall the penalty be imprisonment for a period not exoeeding 2 years. Whoever, in contravention of regulations issue in respect of transport, conveys ex- plosives or inflammable materials in railway trains or any other means of transport for passengers shall be punished by a penalty of detention and of a fine not exceeding one hundred pounds or by one of these two penalties. The same penalty shall be imposed on the official oonoemed who issued the permit vio- lating the regulations. Whoever oauses an epidemio by diffusing noxious germs shall be punished by a penalty of imprisonment for a period of not less than 10 ysars. Whoever poisons water or artioles of food before their distribution or delivery to the oonsumer shall be punished by a penalty of im- prisonment for a period of not less than 5 years.
Artiole 307: Artiole 309: -43 - - Contimeds Whoever pollutes or adulterates or dissi- mulates water or any other substance used for food prepared for public oonsumption, thereby rendering the same dangerous to public health, before the same is withdrawn, distributed or traded in, shall be punished by a penalty of detention for a perici rot exceeding 2 years. If the substance so adılterated or dissim- lated is a drug the penalty shall be detention. Whoever has in his possession for commerce, or exposes for sale or distributes for consumption water substances or things which another has poisoned, adulterated, or dissumulated, to such en extent that they are a danger to public health, having knowledge of this, shall be punished by the penalty prescoribed by Art- icles 306 and 307 of this Cede, if he was not an acoomplice in the offenoe provided for in the said Artioles. Whoever has in his possession for oommerce, or exposes for sale, or distributed for con- sumption or for supply, articles of food dan- gerous to the public health, while having knowledge of this, when such food is not dissimulated or adulterated, shall be punished by detention for a period not exoseding 2 years. The penalty of detention shall be applied if the offence is oommitted in respeot of deteriorated or defeotive drugs.
-44 - SUPPLEMENT 30,2 - Continued: Article 310: Whoever, whether by licenoe or not, trades in drugs and supplies the same of a kind, quality, or quantity not agreeing with the presoription of a dootor or differing from that advertised or declared shall be punished by a penalty of detention. Whoever trades in stupefying drugs or has the same in his possession for trade therein, or obtains the same for another, or supplies another with then, in cases which are not permitted by law, shall be punished by a penalty of imprisonment for a period not ex- ceeding 5 years. The penalty shall be imprisonment for a period not exceeding 6 years if the said drugs are sold or delivered to persons under eighteen years of age or to persons mentally sick or mentally deficient or to persons who are addioted to drugs. Whoever prepares a public or pviate place or permits the preparation thereof for the purpose of the assembly of persons to oonsume stupefying drugs shall be punished by a penalty of detention for a period not less than 6 months, if he is not an acoomplice in the offence provided for by the preceding Article. Whoever oonsumes these stupefying drugs or possesses them with the intention of om- suming them, in cases which are not permitted by law, shall be punished by a penalty of de- tention.