The Legal Nature of Genetic Fingerprinting in Libyan Law :Problems and Proposed Solutions

Abstract

Genetic fingerprinting constitutes a unique biological marker that distinguishes every individual from another, serving as a decisive tool for verifying human identity. Driven by this scientific certainty, jurisprudence, the judiciary, and comparative legislations have adopted it as a modern means of proof derived from Deoxyribonucleic Acid (DNA). This derivation confers upon it ultimate precision and a definitive character in evidence, provided that procedural guarantees and technical requirements are satisfied. However, incorporating genetic fingerprinting into the Libyan judicial system raises a spectrum of legal and practical challenges. These challenges crystallize in the ambiguity surrounding its legal nature, the limits of its evidentiary weight, and the extent of its infringement upon inherent human rights and liberties-particularly under the legislative vacuum resulting from the Libyan legislator's failure to regulate its provisions, despite the judicial tendency to invest it with the authority of a conclusive legal presumption. Accordingly, this research aims to conceptualize genetic fingerprinting, determine its legal nature, and examine the technical and legislative hurdles associated with it in the Libyan legal environment, along with potential remedies. Ultimately, the study presents a legislative proposal to reformulate Article 393 of the Libyan Civil Code by introducing Articles (393 bis A) and (393 bis B) in accordance with the principles of sound legislative drafting.