Contributions of Tunisian Penal Legislation to Combating the Crime of Racial Discrimination: Confirmed and Faltering

Saoussen Bouzir 1, & Awicha Daouthi 2

https://doi.org/10.62271/pjc.16.4.1285.1299

Abstract

The analytical reading of Tunisian Law dated 2018 relating to the crime of racial discrimination confirms the definite contribution of penal legislation in combating this dangerous crime for society and humanity, through the diversity of sources of criminalization and through expanding the circle of crimes by adopting the technique of open criminality. However, a critical reading confirms that his fight against the wound of racial discrimination in Tunisia appears to be insufficient and has remained faltering, at the level of prosecution and punishment, such as restricting litigation and filing criminal complaints before the national judiciary, as well as excluding the public prosecution from filing a public lawsuit for the crime of racial discrimination. Among the deficiencies and weaknesses of this legislation is that its text violates the principle of proportionality and is ambiguous in applying the principle of recurring crimes.

Keywords: Tunisian penal legislation, crime, racial discrimination, law