Penal Code

The Penal Code applies to anyone who commits an offense stipulated therein within Libyan territory, including airplanes and ships belonging to Libya wherever they are located, except insofar as they may be subject to foreign law in accordance with the provisions of international law (Article 4).

Pursuant to the law, minors under the age of 14 years are exempted from criminal responsibility (Article 80). However, those who are between 14 and 18 years old and who have the capacity of conscience and volition, may be held criminally responsible, but the penalty shall be reduced by two thirds (Article 81), and recidivism does not apply to children (Article 98).

The Penal Code contains several articles relevant to the ‘Children and Armed Conflict’ agenda, and to child protection more broadly, as indicated below.

• Killing
  • The Code subdivided murder into different offenses as follows:
    • Mass Killing: The death penalty by firing squad applies in cases of massacre. (Articles 202 and 296)
    • Deliberate and Premeditated Killing: Punishable by death. (Article 368)
    • Homicide without Intention or Willfulness: The law mandates a detention up to three years, along with a fine not exceeding LYD 200, or by either penalty. (Article 377)
    • Beating without Intention to Kill: The Code imposes imprisonment from three to 10 years for this offense. The punishment is increased to imprisonment for 15 years if the act involves premeditation or lying in wait. (Article 374)
    • Death or Injury Resulting from another Offence: This crime is punishable by detention and/or a fine not exceeding LYD 200. (Article 385)
• Maiming
  • The code imposes imprisonment up to five years if the act results in the loss of a limb or organ, permanent impairment of their function, loss of their benefit or ability to procreate, permanent and gross difficulty in speaking, loss of one sense, permanent facial disfigurement, or an illness from which recovery is impossibility (Article 381). The sentence is increased by up to 50% if the act was premeditated or involved the use of deadly weapon (Article 382).
• Sexual Violence
  • Sexual Intercourse with a minor under the age of 14 by Force, threat, or deceit (Article 407)
  • Indecent Assault (Article 408)
  • Incitement of a Minor to Indecent Acts (Article 409)
  • Incitement to Prostitution (Articles 415 and 416)
  • Indecent Acts or Items (Article 421)
• Mistreatment of Children (Article 398)
• International Trafficking (Articles 418 and 419)
• Enslavement (Articles 425 and 462)
• Negligence in Care of Minors (Article 490)
• Abduction (Articles 406 and 411-413)