Tunisia has introduced a new decree, number 2 of 2026, which aims to develop and implement a judicial reconciliation system. The decree, signed on September 30, 2026, amends decree number 13 of 2022, which relates to judicial reconciliation and the use of its proceeds. According to lawyer Amal Al-Hamami, the new decree represents a new stage in the development of the reconciliation system and its application on the ground.
The new decree consists of four chapters and includes amendments to articles 25 and 30 of the original decree. The amendments focus on the rules of temporary reconciliation and the use of reconciliation proceeds. Al-Hamami explained that the judicial reconciliation mechanism is an exceptional measure introduced by the legislator to develop the penal policy and move away from traditional justice based on prison sentences.
The judicial reconciliation system in Tunisia has gone through three stages, starting with decree number 13 of 2022, followed by law number 3 of 2024, and finally, the new decree of 2026. Al-Hamami emphasized that the new decree does not abolish the existing judicial reconciliation system but rather represents a new stage in its development. The legislator has precisely defined the individuals subject to reconciliation and the crimes covered by this mechanism, particularly economic and financial crimes.
The new decree allows for the payment of at least 50% of the required amounts, with a maximum deadline of two years to pay the remaining amount. The National Judicial Reconciliation Committee can propose a lower percentage if necessary, based on the applicant's file and supporting documents. Al-Hamami noted that this amendment does not only rearrange payment deadlines but also grants the committee discretionary power to consider the applicant's specific situation.
Temporary reconciliation does not imply the definitive end of investigations but rather a suspension of penal effects according to specific conditions and during the execution of reconciliation terms. If the reconciliation procedures are not completed or its terms are not executed, penal investigations or trials may resume, or the penalty may be enforced against the applicant. Assets provided as guarantees are transferred to the state.
The decree also addresses the use of judicial reconciliation proceeds, which will be allocated to finance projects of national importance and development, as decided by the National Security Council. Al-Hamami stated that the new amendments aim to provide a more flexible and effective system for judicial reconciliation, taking into account the applicant's situation and the seriousness of the provided data.
The new decree is part of Tunisia's efforts to develop its judicial system and provide alternative solutions for resolving disputes. The decree's implementation is expected to have a positive impact on the country's economic and financial sectors, particularly in the fight against corruption and financial crimes. KEY_POINT: The new decree aims to develop and implement a judicial reconciliation system in Tunisia. KEY_POINT: The decree targets economic and financial crimes and provides for flexible payment terms. KEY_POINT: The use of judicial reconciliation proceeds will be allocated to finance national projects and development.
