Definition of the criminal offence: In criminal law an offence is an illegal act whether it is an act or a failure to act to perform a duty attributable to a person, and for which the law prescribes a punishment or a precautionary measure.

As a basic rule, in criminal law there would be no crime and no punishment without a valid applicable provision of law. The text of the law is the only source to define and determine the punishable conduct and the relevant punishment therefore.

Principally in the Libyan criminal law, as in other modern criminal laws, the crime or the criminal offence is personal; in that it is attributable to the individual who committed the crime, or who failed to act, in the way that is required by the law. Accordingly, the punishment for the crime is attributable only to the person committing the crime, and to any conspirator in relation thereto (Articles 99 - 101 of the Libyan criminal code) Responsibilities and liabilities under law of economic activity offence: The most frequent offences in business, as reflected in criminal courts records, are those concerning cheques that are not honored and bribery.
Bad cheques The offence of issuing a cheque without having a sufficient balance to cover its value.
Type of offence: Misdemeanor The Penalty: This depends on the value of the cheque. The penalty for cheques having a value of not more than one thousand dinars consists of imprisonment for more than six months together with a fine of not less than five hundred dinars.

Manager of all companies, whether local or foreign, should always ensure that there is at all times a sufficient bank balance to cover the value of any cheques drawn on the bank account of the company. Care should also be taken when withdrawing money from such bank account, not to withdraw such amounts that render the remainder of the fund insufficient to cover any drawn cheques that have not yet been presented.

Claiming that there was no intention to cheat the person, in favour whom the cheque is issued, is not an acceptable excuse. It is sufficient for the public prosecutor, when indicting the cheque drawer, to prove that the drawer knew that the bank account balance was insufficient to meet the given cheque. In such case, the respective manager is held personally responsible for drawing a bad cheque in the name of the company's branch. After drawing out a cheque, it is also impede its payment by giving orders to the bank not to honour such cheque. On the other hand, it is not an acceptable excuse to say that such cheque was meant to be kept as a bond to guarantee payment at some future date. Once the cheque is issued and handed over to the beneficiary, it should be legally payable on the date of its presentation to the bank, regardless of its date.

The offence of giving a deficient cheque. Type of offence: Misdemeanor Penalty: This consists of imprisonment for a period of not less than three months and a fine of between one hundred and five hundred dinars.

This offence is different from the one discussed above, in the sense that here the bank account balance is sufficient to cover the value of the cheque, but the drawer of the cheque commits certain acts resulting in hindering the payment of the cheque, as follows:

*The drawer did not sign the cheque in the name of the name of the drawer; or
*The drawer signed the cheque in a that is different from the signature acceptable to the bank, with the aim that the bank would refuse to honour it.
Bribery Doing business within the prescribed limits set out by the law is an absolute duty of any company manager. This would impose on the said manager a duty to act honestly, and to respect the rules of the game of fair competition in the business. Thus the securing of bids and contracts, or indeed any other interest or service for the company, through corruptive means; such as giving ( or promising to give) public officials money, gifts or other benefits, in return for assistance provided by constitutes the offence of bribery, which is considered to be committed by the person paying or promising to pay the bribe, regardless of whether his offer is accepted or rejected by the public official.

Although punishment for the offence of bribed basically against the person, i.e. the corrupt public official, in order to prevent trafficking in public office duties, the person paying the bribe is equally targeted by such punishment on the same scale.

The offence of bribery arises whenever a public official demands, accepts, or takes a gift or a promise of any thing, to which he is not entitled, for himself or for another person, in consideration of:

1- Carrying any of his official or pretended official duties which he wrongfully thinks, or alleges to be his official duties.
2- Refraining from carrying out the same.
3- Contravening his official duties.
The offence is committed by the public official regardless of whether he intended not to carry out, refrain from, or contravene his official duties.
The offence is also committed when the public official accepts the gift for an official duty he has already carried out.
The penalty for the bribed public official is fifteen years imprisonment, in addition to a fine equal to double the value of the gift which is demanded, accepted, promised, offered or taken, apart from confiscation of the said gift.

The same penalty is also applied to both the person paying the bribe and to any intermediary. On the other hand if the offer or promise to give any gift, money or any other benefit was not accepted the public official, the person paying the bribe is to be punished by the above mentioned penalty.