It is in fact in this regard that the legislator consolidates the acceleration of the
judicial phase of the settlement of conflicts. The Supreme Council of the
Magistracy underscores the precedency of settling conflicts in which the accused
is under arrest and offenses which justify short term imprisonment sentences.
147. Furthermore, the legislator, more and more, uses the reconciliation
procedure to ensure the rapidity and efficiency of the judicial apparatus.
Reconciliation has become the rule in family conflicts (alimony, divorce…),
disputes submitted to the local courts whose amount does not surpass 7,000
Dinars (law n° 94-59 of 23rd May 1994, amending and completing certain Articles
of the Civil and Commercial Procedure Code) and the commercial disputes (law
n° 95-34 of 17th April 1995 establishing the office of Companies’ Judge who is
compelled to intervene in the procedures of amicable and judicial settlements).
For the purpose of ensuring the rapidity and efficiency of the justice system, the
office of single Judge had been established to deal with offenses of issuing of bad
cheques, and of constructing without authorization.
III- The principle of two tier proceedings
148. Law n° 96-38 of 3rd June 1996, relative to the distribution of competencies
between the judicial courts and to the creation of a Council for competence
conflicts, and the law n° 96-39 of 3rd June 1996, modifying the law n° 72-40 of 1st
June 1972 relative to the administrative Court, consolidate the rights of defense
by instituting the right to recourse to two-tier proceedings with the administrative
Court. These two laws also sanction the bringing closer of the citizen’s
administrative justice through the organization of periodic sessions in the regions
and the gradual putting in place of regional Branches of the Administrative
Tribunal but especially through the setting up of an Arbitration and Appeals
Council between the administrative magistracy and the judicial magistracy.
149. In order to better strengthen the rights of defence, the rule of the two-tier
proceedings in criminal matters had been sanctioned for the first time in Tunisia,
by virtue of the law n° 2000-43 of 17th April 2000, establishing the rule of two-tier
proceedings in criminal matters. This law which conforms to the Charters and
International Agreements ratified by the Republic of Tunisia, is based on the
following principles:
- Institution of the system of two- tier proceedings at the level of criminal justice;
- Upholding the system of two-ier investigation;
- Upholding the composition of five magistrates in the penal chambers.
IV- The prohibition of double conviction for the same offence
150. Law n° 93-114 of 22nd November 1993, amending and completing certain
Articles of the Criminal Procedure Code added Article 132 (bis) which fully
sanctions this principle. This Article indicates that « no acquitted person can be
brought again to justice for the same offense and this, even if it is qualified
differently ».
V- The protection of Minors during criminal proceedings
151. Law n° 93-73 of 12th July 1993, modifying certain Articles of the Criminal
Procedure Code adopted different alternative measures which were reviewed in
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