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Tunisia – Criminal Code: Promulgated reform of articles 96 and 98

by Webdo
Wednesday 30 July 2025 08:38
in National

Law No. 14 of 2025, modifying provisions on the crimes of public officials, was published in JORT on July 29 after its adoption by the Assembly on July 24.

The President of the Kaïs Saïed Republic promulgated law n ° 14 of 2025, modifying articles 96 and 98 of the penal code. The text was published Tuesday, July 29, in the Official Journal of the Tunisian Republic (Jort). It had been adopted in plenary in the assembly of people’s representatives on July 24 by 92 votes for, 7 abstentions and 6 against.

Controversial articles for years

The reform specifically targets the offenses committed by public officials, as well as employees of public participation companies, in the exercise of their functions.

Article 96 of the Criminal Code, often mobilized by justice in corruption files, was the subject of criticism for its formulation deemed too vague. Several lawyers and lawyers have denounced in the past an abusive use of this article, notably against former officials of public administration.

The revision intervenes in a political context marked by a desire displayed by the Head of State to fight corruption, while guaranteeing “fair justice”, in his own terms.

In -depth reform of the liability regime

The new 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.

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.

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.

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