The Developmental Dimension of Modern Penal Policy: A Sustainable Developmental Approach Within the National Path for Reforming the Prison System in Libya

Abstract

Contemporary penal philosophy is undergoing a profound conceptual shift, reconsidering the function of punishment within a framework linked to human security, sustainable development, and good governance of criminal justice. This shift comes after traditional models based on deterrence and isolation proved limited in their ability to achieve sustainable crime prevention. This study addresses the structural problem facing Libyan penal policy: the contradiction between the logic of social protection, based on exclusion and deprivation of liberty, and the requirements for rehabilitation and social reintegration of inmates as part of the human capital capable of development. The study highlights that the persistence of this contradiction weakens the effectiveness of reform programs, limits their ability to reduce recidivism rates, and reinforces the social stigma that hinders the reintegration of released individuals into their economic and social environments. The study aims to analyze the feasibility of reconstructing penal philosophy in Libya, shifting from a traditional, punishment-focused model to a developmental model that balances the requirements of deterrence with the achievement of social reintegration. The study adopted a descriptive-analytical approach to diagnose the current state of correctional institutions and a comparative approach to learn from international experiences and develop a reform vision aligned with the 2030 Sustainable Development Goals, particularly Goals 3, 4, 8, and 16. The study concluded that the effectiveness of penal policy should be measured by indicators such as reducing recidivism and improving rehabilitation and reintegration opportunities, rather than simply by increasing the severity of penalties or the capacity of correctional institutions. The study recommends legislative and institutional reforms, including the implementation of alternative sanctions, the development of rehabilitation programs, and the establishment of a national observatory for penal and criminal policy to measure performance and enhance the efficiency of the correctional system in Libya.