Tunisia- Al-Qurari unveils details of recent amendments to criminal reconciliation decree (Audio)

The General Legislation Committee of the House of People’s Representatives approved yesterday evening, Monday, the draft law on criminal conciliation and the utilization of its revenues in its entirety. This decision came after hearing about the initiative and the involved stakeholders and making several revisions to various chapters included in the draft.

Speaking to Tunisie Numérique, President of the General Legislation Committee Yasser Al-Qurari divulged the various details of the chapters to which revisions in the text of this law are related. He noted that four chapters were examined, with three of them being amended while one chapter was kept, which is related to adding 10% to the reference amounts. The representatives viewed these amounts to be high, potentially disrupting the involvement of the concerned individual in reconciliation. Despite this, the initiating party maintained its position, and therefore, this percentage was retained.

As for the three chapters that were included in the revisions, Al-Qurari said that the first among them was Chapter 25, related to the agreed-upon period to finish the reconciliation process. In the initial text, this period was restricted to 3 months, during which the person involved pays a 50% instalment and then pays the remaining amount after another 3 months. Two proposals were presented to revise this chapter.

The first proposal proposed an increase to one year, and the second proposal suggested 6 months to allow the reconciled party to pay the amounts related to them. The last proposal was approved, according to Al-Qurari.

The second amendment links to the formulas of reconciliation. The draft law in its initial form included three formulas of reconciliation, three of which were revised, and a fourth formula was added. Consequently, there was a final reconciliation by paying the full amount, a momentary reconciliation by paying half the amount and the rest after 6 months (not 3 months). The third formula is to guarantee 50% of the amount and complete projects worth the remaining amount, and the fourth proposal is to pay 50% of the amount and contribute to completing projects worth the remaining amount.

Regarding the third chapter included in the revision, which sparked widespread debate within the committee and was examined at length, it is the new Chapter 37. According to what the Chairman of the General Legislation Committee reported, it stated, “The properties of the individual seeking reconciliation, their spouse, assets, and descendants shall be confiscated in the event of escape.” This raised talk from a legal and practical perspective and the matter necessitated adopting the following formula: “In the event of escape, the property of the person pursuing reconciliation and all the property and gains that were transferred from them, directly or indirectly, to their counterpart and their assets, shall be confiscated.

” This includes their descendants, brothers, or in-laws. The confiscation of the aforementioned funds will not be lifted unless they confirm that their proceeds were not attributed to the crime for which the person seeks reconciliation, according to the statements of our speaker.

 
 

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