89
4- Separation of judicial bodies
To ensure soundness of judicial performance, each judicial body
is tasked an independent function other than those assigned to the
other bodies. While the sitting judge issues judgment, the Public
Prosecution conducts investigation and institute lawsuits, the
Litigation Department defends the State in suits filed by or
against it since the legal system does not recognize that the State
is immune against prosecution except in areas of state
sovereignty. The People's Law Office defends individuals on the
basis of gratuity of defence whether for those who are unable or
able, a system that is applicable nowhere in any country in the
world.
- Multiplicity of litigation degrees
It is considered one of the underlying principles in the Libyan
judicial system. The lawsuit is instituted before the Court of First
Instance; the convict may then challenge its judgment before the
Court of Appeal to which the dispute is brought anew for decision
by final judgment which may be contested still before the
Supreme Court. The mission of this Court is to monitor
enforcement and interpretation of the law, as well as soundness of
litigation procedures. Its rulings are unimpeachable. Its principles
are binding to all courts and administrative bodies.
6- Magistrate Judge and Multiplicity of Judges
The Libyan legislator adopts the magistrate judge system for
summary courts whereas the multiplicity of judges system is
applicable to inclusive circuits in the Courts of First Instance as
well as to Appellate Court in examining challenges against
judgments issued by Summary Courts in order to ensure
transparency and guarantee that the case was examined by more
than one magistrate judge. This is also the case with the Courts of
Appeal and the Supreme Court.