The Legal Framework for the Crime of Torturing an Accused to Extort a Confession: A Comparative Study between National and International Law

Abstract

This research examines the legal framework of the crime of torturing an accused to induce a confession, conducting a comparative study between national laws (specifically Libyan and Egyptian) and international legal standards. The study explores the definitions of torture across legal jurisprudence, judicial precedents, and international conventions, such as the 1984 UN Convention Against Torture (UNCAT). It analyzes the material and moral elements of the crime, highlighting the "special intent" required for its establishment—obtaining a confession—and discusses both traditional and modern methods of coercion. The research evaluates the adequacy of national legislation, particularly the Libyan Law No. 10 of 2013, in aligning with international human rights requirements and ensuring the "purity of criminal evidence". Finally, it provides recommendations to strengthen judicial oversight and legislative protections against all forms of torture to guarantee fair trial standards.