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Libyan citizen except for free-of-charge defence unless he is
financially unable, then he is to benefit from defence gratuity in
the same way the national does.
The Freedom Promotion Law no 20/1991, in Article 1 notes:
"Citizens, males and females, in the Great Jamhirya, are free and
equal in rights, and their rights are inviolable".
Pursuant to Libyan legislation, defence tools are employed by
three entities namely:
A- People's Law Office: a group of members of the judicial
bodies who are paid by the State and enjoy the same privileges
accorded to judges be they financial, functional or immunities.
They take the responsibility of defending individuals in all cases.
B-Litigation Department: defends the State and public legal
persons in suits filed by or against them. Its members enjoy the
same privileges of the judges.
C- Private Law: This is practiced by attorneys who work for
themselves as professionals as per the law as is the case in other
countries where the same validation determined for attorneys is
provided.
3- Gratuity of Justice
The judges are paid their salaries from the Public Treasury and
not from the adversaries. Therefore it can be safely admitted that
going to court is gratuitous. If litigants are charged judicial fees in
return for their having recourse to courts, it is thereby meant to
assure seriousness of the case. There is the legal aid system that
allows those financially unable, be they nationals or foreigners, to
litigate without remuneration, including exemption from fees and
attorney fees in observance of a set of substantive and formal
terms defined in the Judicial Fees Law, even though these judicial
fees are nominal as the suit-filing fees, in the early stages, do not
exceed 19 dinars no matter its value.