The principle of legality as a safeguard in criminal proceedings: A comparative study of Libyan and selected legal systems

Abstract

This research examines the principle of legality as a safeguard in criminal proceedings through a comparative analytical study, with particular emphasis on the Libyan law. The study aims to identify the legal foundations governing the admissibility and legitimacy of evidence, determine the scope of their application, and assess their impact on the fairness of criminal justice and the protection of individual rights. A doctrinal legal methodology is adopted, relying primarily on legislative texts that directly establish legal rules and priciples, and on judicial precedents that play a crucial role in interpreting these rules and principles. The study also draws upon secondary legal sources, including scholarly writings and academic literature, to analyze and critique the opinions of jurists and commentators relevant to the subject. The research is structured into three main parts: the first explores the concept of the principle of legality in criminal proceedings; the second examines its scope and application, particularly in relation to incriminating and exculpatory evidence; and the third analyzes the relationship between the principle of legality as a safeguard in criminal proceedings and the freedom to obtain and assess the evidence. The study concludes with significant findings and offers recommendations aimed at strengthening the principle of legality in criminal procedurings in the Libyan law and ensuring a balanced relationship between the needs of justice and the preservation of the rights and freedoms of suspects and accued persons.