The general legislation of the Assembly of the Representatives of the People has adopted a consensual version of a highly anticipated amendment in article 96 of the Criminal Code. The text, which introduces the notion of deliberate intention and reduces the penalties incurred, aims to correct the drifts of a device deemed excessive for more than a decade.
Monday, June 30, the Commission of General Legislation of the Assembly of People’s Representatives (ARP) has taken an important stage in the revision of the Tunisian Penal Code. It adopted a consensual version of two law proposals aimed at amending article 96, relating to the abuse of function by public officials. The reform, which will be subject to the plenary vote, marks a major development in the legal approach to this offense.
At the heart of this reform: the reduction in the maximum sentence of ten to six years in prison, but especially the introduction of an intentional criterion, demanding proof of a deliberate desire to provide an unjustified advantage. The text thus transforms an offense hitherto purely material into intentional offense, profoundly modifying its legal scope.
A controversial article since 2011
Article 96 has long been criticized for its excessive application, which would have weakened the administrative environment, slowed down investments and sown fear in the ranks of the public service. Since the Revolution, many civil servants have been continued on the basis of this text, sometimes for acts not being corruption or illegal enrichment, but administrative errors or regulatory interpretations.
Today, the revised version limits the scope of the offense, introduces the possibility of alternative sentences, such as stay or fine, and provides for the widening of the definition of the public official to better supervise the prosecution.
A consensus supported by the experts
The Commission has consulted several specialists in criminal law, including teachers Mongi Lakhdhar, Hatem Bellahmar and Najet Brahmi, who unanimously supported the amendment. They notably pleaded for the abolition of the offense of “harm the administration”, deemed too vague and rather falling under disciplinary law. Another important recommendation: establish a preliminary survey before any suspension of an official, in order to avoid abuse and unfounded complaints.
A reform with multiple issues
For its initiators, this reform is part of an effort to modernize Tunisian criminal law, with the aim of restoring confidence between citizens and administration, while protecting public arbitrary prosecution officials. It also aims to limit legal excesses, strengthen the effectiveness of the administration and align national law on international criminalization standards.
