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Tripoli and as an Appellate Court, is competent to examine all
cases cited in Chapter 2 of the Penal Code.
D- Supreme Court
The Supreme Court is at the helm of the Libyan judicial
organization. It is basically competent to monitor proper law
enforcement by lower level courts regarding different civil and
commercial cases as well as personal status, penal and
administrative affairs.
The Supreme Court is composed of a chairman and an adequate
number of counselors.
The current organization of the Supreme Court is based on the
combined circuit system. As original mandate suggests, the
Supreme Court is a court of laws, before which final judgments
issued by trial courts are challenged, and accordingly it does not
examine facts of the case. However, in the event of repealing the
verdict, the suit is returned to the court issuing the judgment for
a second opinion and decision by judges other than those who
issued the first verdict.
Nevertheless, the legislator has entrusted the Supreme Court
with examining some cases directly as a trial court, stipulating
for its exclusive jurisdiction to look into challenges filed by
persons of vested interest in regard of matters at variance with
the Constitution in any crucial legal issue pertaining to the
Constitution or its interpretation that might have been raised in a
case examined by the court system, as well as in cases of
conflict of jurisdiction, be it positive or negative, among courts,
and court verdicts of death penalty. Further, if the Supreme
Court was to reverse its opinion on a previously declared
principle, it is differently formed into the so-called combined
circuits that will be comprised of (22) counselors.
Second: Public Prosecution and its Jurisdiction