Criminal
The Penal Code 1943, with military court jurisdiction over civilians
The Penal Code of 1943 is the general criminal statute. The Military Court exercises jurisdiction over civilians in cases touching security and the armed forces, which is the principal structural criticism of the system.
Key rules
- Jurisdiction — National, with a military court of broad and contested civilian jurisdiction.
Governing law
- Penal Code, Legislative Decree of 1 March 1943
- Code of Criminal Procedure, Law No. 328 of 2001
- Law No. 65 of 2017 criminalising torture
In practice
The 2001 Code of Criminal Procedure introduced defence rights that the 1948 code lacked, including the presence of counsel during investigation. Law No. 65 of 2017 criminalised torture, though NGOs note its definition and limitation period fall short of the Convention against Torture. Article 522, which suspended prosecution where a rapist married the victim, was repealed in 2017. The retained military court jurisdiction over civilians — for offences involving the army, security services or espionage, broadly construed — is repeatedly criticised by UN treaty bodies, and it is the single most important qualification on any description of Lebanese criminal justice.