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Asharq Al-Awsat
Asharq Al-Awsat
World
Tunis- Al Mongi Al Saidani

Tunisian Govt Endorses Amendment of Penal Code's Chapter 96

Tunisian President Zine al Abidine Ben Ali attends the opening of the two-day Arab Summit in Damascus March 29, 2008. REUTERS/Jamal Saidi/File Photo

The Tunisian cabinet has endorsed a bill for amending Chapter 96 of the country’s penal code, which was responsible for convicting thousands of public sector employees in a number of corruption cases related to the former regime.

According to a number of members of Prime Minister Elyes Fakhfakh’s government, the amendment sets to “liberate the powers of the administration.” The opposition also backed the amendment saying that it didn't mean that those who made mistakes would go unpunished.

The law would still punish those who had exploited their relationship with the deposed Zine El Abidine Ben Ali regime.

In 2017, the late Tunisian President Beji Caid Essebsi signed off a reconciliation law for administrative affairs, which stipulated general amnesty to all employees that had at a point harmed the country’s administration and benefited others.

The law, however, singled out those who received bribes or robbed public funds.

What remained was chapter 96 of the penal code that punished employees who were coerced into involvement in corruption cases by administrative hierarchy and did not personally benefit.

The amendment is expected to cause intense political and parliamentary controversy when it is referred to parliament for discussion and ratification.

Government spokeswoman Asma al-Suhairi said that the government endorsing the amendment would overcome injustice that had haunted honest civil servants.

Suhairi said the bill would help the government restore confidence.

A Tunisian official said that more than 6,000 Tunisian employees were being prosecuted in judicial proceedings based on chapter 96.

Observers confirm that a large number of bank employees and judges have suffered a lot during the past years, due to accusations of dealing with previous regime henchmen, but this amendment would reduce the sentences issued against them, as long as they did not individually benefit from what they committed under coercion.

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