LibyanPenalCode_PAD version

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- 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.
41

-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.
42

-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=
43

- 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,
44

- 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.
45

- 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
46

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
47

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.
48

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.
49

-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.
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