The Right of the Accused to Legal Counsel during the Stage of Evidence Collection in the Libyan Legal System

Abstract

This research aims to clarify the rules governing the right to legal counsel at the pre-investigation stage, specifically during the stage of evidence collection, as one of the fundamental guarantees for safeguarding the accused’s right to a fair trial, surrounded by all safeguards necessary for the effective exercise of the right of defense, whether exercised personally or through legal representation.

The research seeks to achieve a balance between the accused’s right to defend himself or to seek the assistance of a lawyer, and society’s right to prosecute offenders and ensure the administration of criminal justice. The research addresses this topic through two main sections. The first section is devoted to defining the stage of evidence collection and explaining its legal nature, in addition to clarifying the concept of the accused at this stage. The second section examines the legislative regulation of the right to legal counsel, by reviewing the position of comparative legislations regarding the accused’s entitlement to legal assistance during the stage of evidence collection, and by assessing the extent to which the Libyan legislator has taken into account the regulatory aspects necessary to guarantee the effective exercise of this right.

The research concludes by presenting a set of findings and recommendations reached by the researcher.