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There is a prosecution office for each type of court (Summary
Court, Court of First Instance and Court of Appeal) to
investigate into and dispose of all crimes and to proceed with
litigations according to the Code of Criminal Procedure. All
these prosecution offices report to the Prosecutor-General at the
level of the Great Jamhirya. The Public Prosecution is assigned
the duty of executing verdicts and supervising prisons.
The Law mandates the presence of the Public Prosecution
before Administrative Judicial Circuits at the Courts of Appeal
and Civil Status Circuits at Summary Courts and Courts of First
Instance in protection of public order and for submission of
legal opinion memorandum. The Code of Civil and Commercial
Proceedings requires that the Prosecution intervenes in any and
all personal status cases involving foreigners as well as in
nationality cases. It also permits the Prosecution to intervene in
cases related to minors, incompetent persons, persons in
absentia, charity endowments (Waqfs), donations, benevolent
testaments (wills), as well as in connection with cases of conflict
of jurisdiction among courts, lack of competence due to absence
of jurisdiction, contestation against court magistrates and
prosecution members, reconciliation to avoid bankruptcy and
other lawsuits relating to public interest, public order or public
disciplinary morals (Articles 107 and 108 of the Code of
Proceedings).
Cassation Prosecution: The Supreme Court has a parallel
prosecution that is affiliated with it but does not report to the
Prosecutor-General. It is known as the Cassation Prosecution. It
performs the role of prosecution before the Supreme Court and
gives opinion on all challenges filed before the latter. Its
members are (61) in number.