حجية الحكم الجنائي أمام القضاء المدني : دراسة وصفية في ضوء قاعدة الجنائي يوقف المدني

الملخص EN

The study of the provisions and rules of filling a civil lawsuit revealed another path other than the civil one, which is the criminal path.

The Libyan legislator permitted in a few cases to file a civil lawsuit to the criminal court under certain conditions.

These conditions include the union of the subject , persons and the reason for both lawsuits.

It has been also ordered to suspend the consideration of the civil lawsuit concerned with claims of compensation before the civil judiciary.

For example, for a damage resulting from a crime that is considered before a criminal judiciary.

This is due to several considerations including: benefiting from the freedom of the criminal judge to search and investigation and the formation of his belief, which is a feature that may not be available in a civil judge The study concluded that the criminal rule that stops the civil is a rule of peremptory established for the application of another rule.

It also concluded that the wisdom of stopping the progress of the civil lawsuit necessitates the urgency of issuing sound and non contradictory judicial rulings, in order to avoid the cancellation of judicial rulings and its instability.