Criminal Legal Security: An Analytical Study of Libyan Legislation

Abstract

Criminal legal certainty is a fundamental principle underpinning the modern state governed by the rule of law. It aims to foster stability and confidence within the criminal justice system by ensuring that criminal rules are clear, stable, and predictable, while also respecting individuals' fundamental rights and freedoms. This research examines the concept of criminal legal certainty and reviews the key challenges and obstacles hindering its realization—such as legislative inflation, ambiguity in certain criminal provisions, frequent legal amendments, and slow judicial proceedings—along with the resulting adverse effects on individual rights and the stability of legal positions. The research concluded that enhancing criminal legal certainty requires legislative clarity and stability, as well as adherence to fair trial guarantees, thereby ensuring the protection of rights and freedoms and consolidating the rule of law.