Tunisia's recent amendment to its penal reconciliation mechanism has clarified the process and consequences of provisional reconciliation agreements. According to Amel Hammami, an attorney at the Court of Appeal, the new decree-law, published on September 30, 2026, modifies and complements the 2022 decree-law. The changes aim to provide more precision on the conditions and implications of provisional reconciliation.
A key aspect of the amendment is that provisional reconciliation does not definitively close a case. Instead, it suspends penal effects during the period in which the applicant must fulfill their commitments. Hammami emphasizes that this suspension is conditional on the applicant's execution of their obligations. If the applicant fails to meet their commitments, penal proceedings, trials, or execution of sentences can resume.
The new amendment also outlines the consequences of failing to finalize reconciliation or execute commitments. In such cases, penal proceedings, trials, or execution of sentences can restart, and guaranteed funds are transferred to the state. The amendment introduces a new two-year deadline for settling the remaining amount, but this does not imply that the case is definitively resolved upon acceptance of a provisional agreement.
To benefit from provisional reconciliation, applicants must present concrete and serious elements supporting their request. The National Commission for Penal Reconciliation has increased discretion to examine each case and assess the applicant's situation, data, and supporting documents. This evaluation is particularly relevant when considering a rate lower than the 50% threshold.
The 50% threshold remains the reference rate, but the commission can propose a lower rate in justified cases, as outlined in the decree-law. This possibility was identified upon publication of the text on September 30. Hammami views the 2026 reform as a new step in the evolution of a mechanism established in 2022 and already modified in 2024.
The provisional reconciliation agreement is not a definitive settlement but rather a stage in the reconciliation process. The agreement's scope and implications have been clarified to ensure that applicants understand the conditions and consequences of their commitment. The commission's increased discretion aims to ensure that each case is evaluated on its merits.
The reform aims to provide a more nuanced approach to penal reconciliation, taking into account the specific circumstances of each case. By clarifying the process and consequences of provisional reconciliation agreements, the Tunisian authorities seek to ensure that the mechanism is fair, effective, and just for all parties involved.
Key points
- Provisional reconciliation agreements in Tunisia do not close cases but rather suspend penal effects.
- Failure to execute commitments can lead to the resumption of penal proceedings, trials, or execution of sentences.
- The National Commission for Penal Reconciliation has increased discretion to evaluate each case and assess the applicant's situation.
