The Legality of Remote Litigation in Libyan Criminal Law

Abstract

This research addresses the topic of the legitimacy of remote litigation in Libyan criminal law in light of the rapid developments in the field of technology and communications, which have clearly affected various sectors, including the judicial sector. The integration of mo dern technologies into judicial work has become a necessity imposed by the demands of the era, especially with the increasing number of cases and the complexity of traditional procedures. Among the most prominent manifestations of this development is the adoption of the remote litigation system, which aims to facilitate litigation procedures and expedite case resolution, while reducing administrative and logistical burdens on courts and litigants. However, the application of this system in the criminal field raises many legal questions due to the specificity of criminal procedures and their direct connection to ensuring fair trial guarantees and defense rights. The importance of the research lies in highlighting the legal basis for the system of remote litigation in Libyan legislation, and clarifying the extent to which it can be applied in criminal cases in a way that achieves a balance between the requirements of technological development and the preservation of the basic guarantees for litigants. Its importance also lies in attempting to benefit from comparative legislative experiences that have adopted this system, and the possibility of utilizing them to develop the Libyan judicial system, contributing to reducing court congestion, minimizing paperwork, and accelerating the resolution of disputes. The research problem revolves around the legitimacy of remote litigation in Libyan criminal law, and the extent to which it aligns with constitutional principles and procedural rules governing criminal trials, such as the principle of public hearings, the defendant's right to defense, the principle of confrontation between parties, and the defendant's right to appear before their natural judge. The research also raises questions about the concept of remote criminal trials, the extent to which comparative legislation adopts this system, and how far the current Libyan legal framework allows its application or requires explicit legislative intervention to regulate it.