PUNITIVE POLICY IN LIBYAN LAW NO. 19 OF 2010: COMBATING THE FACILITATORS OF ILLEGAL IMMIGRATION
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Abstract
Illegal immigration crimes are among the most dangerous that the Libyan state is currently suffering from and a source of other serious crimes such as human trafficking and money laundering. This necessitated the intervention of the legislator with Law No. 19 of 2010. In this study, we followed the analytical and comparative approach, and it became clear that the punitive policy is weak considering these crimes as misdemeanors. Even in cases of aggravating the punishment, the penalties remain weak, in addition to not punishing the intermediary in the crime despite the seriousness of their role and the lack of corporate liability. The punishment for attempted crimes is less severe than for completed ones. We propose that the Libyan legislator should consider the crime as a felony, with the intensification of current penalties, punishment of intermediaries, establishment of corporate liability, and equal punishment for attempted crimes to that of completed ones.
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