معالجات مقترحة في الإطار القانوني لاسترداد الأموال الناتجة من الفساد: دراسة في القانون الليبي

Abstract

This research aims to study the legal system of asset recovery state that comes from corruption offenses in Libya and focusses on legislation build and competent authority the regulatory. It reflects the interest of the legislator and the competent authorities in protecting public funds by recovering those funds, which constitutes a deterrent for those seeking illegal gain and discourages them from this criminal act. This study found that there are few laws specialized in the protection of public funds, and the absence of a unified law regulating the recovery of funds from corruption crimes, but rather a set of legal texts scattered among several laws that include the protection of public funds. Including judicial and supervisory authorities affiliated with the legislative authority, as well as some entities affiliated with the executive authority. From these results, some observations were made as basic proposed solutions aimed at reformulating a law regulating the protection of public money and detailing mechanisms for its recovery, and then restructuring a higher authority affiliated with the executive authority consisting of employees with diverse competencies regulatory, judicial, accounting and legal, and they have language capabilities and legal backgrounds for the systems of the countries to which the funds are smuggled, in order to keep pace with the need of the multi-stage recovery system and procedures, and this body helps coordinate the procedure for recovering funds inside and outside the country.