Confidentiality and its role in the preliminary investigation stage

 Summary:

This study examines a topic of significant importance in Libyan law: confidentiality and its role in the preliminary investigation stage. The study aims to protect the interests of both the investigation and the defendant. The research adopted the comparative analytical methodology, and it reached several key findings, the most important of which are that the confidentiality of the preliminary investigation is a necessary and indispensable requirement to protect the interests of the investigation and the defendant, as this protection helps reveal the truth as quickly as possible. The obligation of confidentiality ends upon the conclusion and disposition of the investigation, and the investigation procedures that were confidential become public during the trial, in accordance with the principle of public hearings (Article 240 of the Code of Criminal Procedure), while prohibiting the press from publishing anything that demeans human dignity or reputation, or that violates a person’s right to privacy. The study also recommended that the press must verify the truthfulness of news before publishing it and refrain from threatening individuals through any media means, as such conduct constitutes a serious violation of journalistic duties

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