The MP Fakher Eddine Fadhloun stated, in an exclusive declaration to Tunisie Numérique, that Draft Law No. 073/2025, which seeks to amend certain provisions of the Penal Code, aims to curb the spread of violent thefts. He believes that the penalties currently imposed on perpetrators of such crimes remain insufficient given the seriousness of the acts.
“The challenge is primarily legislative”
According to Fadhloun, one of the MPs behind the initiative, the growing severity of this form of crime makes it necessary to reconsider the legislator’s response, with a stronger emphasis on deterrence.
While praising the “significant efforts” made by security forces to combat the phenomenon, he argued that the main difficulty lies in the legal framework, particularly due to mitigating circumstances that may result in sentences deemed disproportionate to the gravity of the offense.
In this context, he affirmed that the objective is to set a sentence “no less than 12 years and potentially up to 20 years.”
“No development without security” and a broader approach
The MP explained that the philosophy behind the reform is based on toughening penalties in response to what he described as a worrying situation. He recalled that “security is the foundation of prosperity” and that “there can be no development, progress, or well-being without security.”
According to him, the response should be part of a multidimensional national policy, not limited to the penal aspect alone, but also incorporating educational and cultural components.
Accelerated review and a hearing scheduled for Friday
Fakher Eddine Fadhloun also expressed confidence that the proposed amendment could achieve broad consensus. He recalled that the draft law was submitted in July 2025, commending the President of the General Legislation Committee, Faouzi Daas, for helping to accelerate its review.
A hearing session is scheduled for tomorrow, Friday, during which the initiators of the proposal will present their arguments.
Openness to amendments and consultation with stakeholders
The MP stressed that the authors of the proposal remain open to amendments and feedback that could improve the text. They also plan to propose hearings with the Ministry of Justice, as well as organizations representing judges and lawyers, in addition to other relevant stakeholders.
Articles 261, 262 and 264 targeted by the reform
The draft law, consisting of a single article, provides for the repeal of the current provisions of Articles 261, 262 and 264 of the Penal Code, to be replaced by new wording.
*Article 261 (new): 15 to 20 years in prison
Under the new Article 261, anyone who commits a theft using the first, second, and fifth elements referred to in Article 260 shall be punished by 15 to 20 years’ imprisonment.
*Article 262 (new): 12 to 15 years in prison
The new Article 262 provides for a sentence of 12 to 15 years’ imprisonment for theft committed through the combination of the third and fourth elements mentioned in Article 260.
Article 264 (new): 5 years in prison and a 2,000-dinar fine
Finally, the new Article 264 sets a penalty of five years’ imprisonment and a fine of 2,000 dinars for all forms of theft and embezzlement committed outside the cases provided for in Articles 260 to 263 of the Penal Code.
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