Recent Amendment to Article 96 of the Tunisian Penal Code: A Major Administrative and Legislative Revolution
The recent amendment to Article 96 of the Tunisian Penal Code marks a significant administrative and legislative revolution aimed at modernizing public service management. This is the opinion of Master Mokhtar Bouguira, a lawyer at the Court of Cassation, who was a guest on Mosaïque FM on Thursday, September 25, 2025. According to him, this reform is of paramount importance for citizens, the administration, and public officials.
Background
The Official Journal of the Republic of Tunisia published Law No. 14 of 2025 on July 29, 2025, which modifies certain provisions of the Penal Code, following its promulgation by President Kais Saïed. The law was approved on July 24 by 92 deputies, with 7 abstentions and 6 negative votes.
Explanation of the Amendment
The lawyer explains that the old version of Article 96 applied to all public officials as defined by Article 82 of the Penal Code, i.e., anyone exercising a function in a public service or appointed to local authorities or public organizations. The application of the initial article therefore concerned a wide range of public officials. He notes that this text was a sword of Damocles for public officials, who were exposed to sanctions even when they made decisions in good faith but contrary to regulations. In these cases, the law provided for a penalty of up to 10 years in prison and a heavy fine, without distinction according to the official's intention.
Key Changes
The new text eliminates these excessive constraints, giving public officials the opportunity to make decisions when they respect the duty of diligence in the service of the general interest and the citizen. The amendment focuses on three main points, the first being the reduction of the repressive scope of Article 96. Master Bouguira highlights the intelligence of the legislator in formulating this text, which balances the fight against administrative corruption and the necessary protection of public officials to carry out their missions in complete serenity. The precision brought by the expression "he who has deliberately exploited his function to cause harm" clearly establishes that only the intentional act of the public official, when he acts knowingly to harm the administration, will be sanctioned.
Conclusion
In conclusion, the recent amendment to Article 96 of the Tunisian Penal Code is a significant step towards modernizing public service management and protecting public officials from excessive constraints. The new text provides a more balanced approach to fighting administrative corruption while ensuring that public officials can carry out their duties without fear of undue sanctions.
