Kb Criminal Procedure Lb

Knowledge Pack — Criminal Procedure in Lebanon

Scope

This pack covers Lebanese criminal procedure, its French-derived inquisitorial structure, and the practical realities of the Lebanese judicial system particularly under the post-2019 financial and political crisis. It covers:

• Legal sources and structure
• Court hierarchy
• Investigation: role of the Investigating Judge (juge d'instruction)
• Arrest, detention, and rights
• Right to counsel
• Trial procedure
• Key substantive criminal law relevant to business
• White-collar and financial crime
• Practical concerns and crisis impact

Primary legal sources

Court structure

The investigating judge (juge d'instruction)

Lebanon uses the inquisitorial model inherited from French law. The juge d'instruction (investigating judge) is the central figure in serious criminal matters:

• Appointed to investigate specific files (dossiers)
• Conducts investigation: interviews witnesses and suspects, orders searches, examines documents, appoints experts
• Independent of the prosecution — investigates both incriminating and exculpatory evidence
• Decides on detention orders (mandat de dépôt)
• Issues referral (renvoi) to trial court, or dismissal (non-lieu)

Key difference from common-law systems: The investigating judge's file (dossier d'instruction) is the basis of the trial; the trial court judges the case partly on the basis of the investigation file, not just what is presented at hearing.

Investigation, arrest, and detention

Arrest

• Arrest can be made:
  • On order of the Public Prosecutor (Niyaba 'Amma) — for initial investigation
  • On order of the Investigating Judge (juge d'instruction) — once investigation opened
  • In flagrante delicto by police/gendarmerie

Pre-trial detention

• Administrative detention (garde à vue): up to 48 hours by police; extendable by Public Prosecutor to maximum 4 days total before referral to investigating judge
• Judicial detention (mandat de dépôt): ordered by investigating judge; renewable; can extend for months or years in complex cases (notorious for length in white-collar matters)
• Conditions: detained persons must be informed of reasons; right to family notification

Pre-trial release

• Investigating judge may release on bail (liberté provisoire)
• Release on personal pledge, surety, or cash bail
• Travel ban (mandat d'interdiction de سفر) frequently imposed in financial crime cases

Right to counsel

• Right to a lawyer from the time of arrest (CPC reforms)
• Lawyer must be a member of the Lebanese Bar Association
• Access during garde à vue: practically, access to counsel during initial police custody is not always immediate
• Access during juge d'instruction phase: lawyer has full access to the investigation file (dossier)
• Lebanese Bar has a duty lawyer scheme for those who cannot afford counsel

Substantive criminal law — key categories

General offences (Penal Code 1943)

• Homicide, assault, theft, fraud (escroquerie), breach of trust (détournement), forgery (faux en écriture)
• The 1943 Penal Code provisions remain largely in force but have been supplemented by special laws

Financial and white-collar crime

• Fraud (escroquerie): using fraudulent means to obtain property — Penal Code
• Breach of trust (abus de confiance): misappropriation of entrusted property
• Embezzlement: specific provisions for public officials
• Money laundering: Law 44/2015 — up to 7 years imprisonment + fines + asset confiscation
• Tax evasion: tax code provisions

Banking crisis-related offences

The financial crisis has generated significant criminal litigation:

• Capital flight: accusations of wrongful transfer of funds abroad — politically charged; judicial investigations ongoing
• Market manipulation: investigations related to pre-crisis financial engineering
• Bank officials: prosecutions of bank officers for specific acts remain politically sensitive but have been pursued in some cases

Cybercrime

Limited cybercrime-specific law; Law 81/2018 on e-signature provides some digital evidence rules. General fraud and forgery provisions apply to computer-based crimes. Lebanon is a party to the Budapest Convention on Cybercrime.

Trial procedure

Preparation

The trial court receives the investigation dossier. Parties submit pre-trial briefs.

Hearing

• Public hearing in principle (exceptions for security or personal reasons)
• Presiding judge reads charges
• Examination of witnesses and experts
• Defendant questioned
• Prosecution and defence closing arguments
• Deliberation and judgment (can be reserved)

Standard of proof

The court must be intimement convaincu (intimately convinced) of guilt — equivalent to the civil-law version of beyond reasonable doubt.

Appeals

• Full appeal on facts and law to the Court of Appeal (Cour d'Appel)
• Cassation appeal on legal grounds only (Court of Cassation)

Practical challenges — crisis context (2019+)

Judicial capacity

Lebanon's judiciary has been severely impacted by the financial and political crisis:

• Judicial salaries collapsed in LBP terms; brain drain of judges
• Court operations disrupted by rolling strikes by judicial staff
• Case backlogs extend to years
• Electronic filing systems have been introduced but inconsistently implemented

International dimensions

• Interpol notices (Red Notices) have been issued against some individuals in connection with financial crisis-related allegations
• Swiss and French courts have opened investigations into Lebanese bank accounts and capital flight
• Mutual legal assistance requests to Lebanon have variable response times

Asset recovery

Lebanese prosecutors and investigating judges have sought to freeze and recover assets related to the financial crisis. These efforts face:

• Bank secrecy constraints (being progressively removed)
• Political complexity around accountability
• Coordination challenges with foreign jurisdictions where assets may have moved

How to use this pack

Load this pack when:

• A client or their executives face criminal investigation or charges in Lebanon
• Advising on AML exposure, financial crime, or crisis-related criminal liability in Lebanon
• Conducting due diligence requiring understanding of Lebanese criminal exposure
• Advising on cooperation with foreign authorities regarding Lebanon-linked criminal matters

Caveats & currency

Lebanese criminal procedure is formally governed by the 1994 CPC but practical realities of the crisis significantly affect the functioning of the system. Political considerations affect certain prosecutions. Verify the status of any specific case or investigation with Lebanese-licensed criminal counsel. The situation is highly dynamic.

Related skills

• [[kb-aml-fatf-mena]] — AML/CFT and SIC framework for Lebanon
• [[kb-banking-regulation-bdl]] — crisis context for financial crime
• [[kb-criminal-procedure-uae]] — UAE criminal procedure for comparison
• [[kb-corporate-law-lb]] — Lebanese corporate law context