Criminal Responsibility for Customs Crimes in Law No. 10 of 2010

Abstract

This research aims to examine the issue of criminal liability for customs crimes, which constitute one of the most significant challenges in criminal law. This is due to the dual nature of customs crimes, as they fall under the scope of criminal law on the one hand and administrative law on the other. While criminal law seeks to protect fundamental values such as the right to life, property, and security, customs crimes represent an example of the intersection between the criminal dimension and the economic dimension. Thus, the matter involves an intellectual conflict concerning the balance between the level of state control required to protect the economic system and the individual’s right to freedom and commercial initiative. Accordingly, this paper examines Law No. 10 of 2010 and the liability of the customs authority, so that it may become a decisive and effective instrument for achieving justice and peace and ensuring a sustainable economic future, given its essential role in protecting the economy. The research adopts a descriptive and analytical methodology and is divided into two sections: the first section addresses the legal nature of the criminal liability of a natural person for customs crimes, while the second section examines the legal nature of the criminal liability of a legal person for customs crimes. The study concludes that the Libyan criminal legislator has, in certain cases, established presumed liability that conflicts with the general principles of criminal law, which necessitates reconsideration of some legal provisions in order to ensure criminal justice and to entrench the principle of legality.