Confidentiality and its role in the preliminary investigation stage
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