Unofficial Translation (courtesy of Systran.net)
The persons provided for in Chapter 5 of this Law, and any natural person, whether appointed or elected whether permanent or temporary, who is entrusted with the powers of the public authority or who works with the State, a local group, institution, body or public enterprise, whether for a fee or without a fee, and any person who has the status of a public official or who is appointed by the judiciary to carry out judicial proceedings shall be subject to the provisions of this Law.
The following terms shall mean the following ... Illicit enrichment : Any significant increase in earnings of a person subject to the provisions of this Law for his or her benefit or for any related benefit, or a significant increase in the volume of his/her spending that is disproportionate to his/her resources and he/she cannot prove the legitimacy of their source
Any person who commits the offence of illicit enrichment within the meaning of this Law shall be punished by imprisonment for a period of six years and with a fine equal to the value of the unlawful gains. In the same judgment, the Court shall also order the confiscation of all or some of the movable or immovable gains and financial assets or assets of the convicted party derived directly or indirectly from the crime of illicit enrichment, even if they are transferred to other financial liability, whether such funds remain unchanged or have been transferred to other gains, taking into account the rights of others in good faith. The court rules that the convict will be deprived of public office and the right to vote and run for a period of ten years
Where the competent judicial authority provides evidence of suspected illicit enrichment, it shall invite the suspect to establish the lawfulness of the sources of his wealth or to spend it by all means.
The judicial entity charged with the offence of illicit enrichment may authorize, in the context of research and investigations, all necessary actions to preserve the gains suspected of being lost, wasted or lost. It may also authorize the sale of movable property whose real value is feared to be damaged or lost, and secure the amount thereof in the Tunisian State's public treasury for the sake of the case before issuing a ruling in accordance with the current order of operation.
Tracing time limits for the crime of illicit enrichment shall take effect from the date of its discovery.
The expiry of a criminal case due to death shall not prevent the ruling of confiscating the unlawful gains and their exploitation to the benefit of the State, to the of what was transferred to the heirs of the inheritance. Taking into account the rights of others in good faith, the Court may decide to admit to any person who has obtained a serious interest in the crime of illicit enrichment other than the persons mentioned in the first paragraph of this chapter and to order against him the confiscation of his/her gains to the extent that he/she has benefited.
Anyone who helped achieve the crime of illicit enrichment is considered an accomplice to the crime or who knows that the gains in his/her possession are derived from the crime of illicit enrichment and who has preserved or hid it in order to support the perpetrator shall also be considered an accomplice and shall be punished with the same penalty as Chapter 37 of this Law. The partner in crime shall be exempted from the penalties applicable to the offence of illicit enrichment, with the exception of confiscation of unlawful gains, if he/she takes the initiative to inform the body or the judicial authorities with any evidence or information that enables the detection of the offence of illicit enrichment before the body or the judicial become aware of them and the crime of illicit enrichment being exposed. Half of the prison sentence provided for by Chapter 37 of this Law shall be imposed if the notification is made during the search and investigation.
Any concerned person who conceals or preserves gains from the crime of illicit enrichment in order to provide a subvention to the perpetrator, shall be punished with a fine equivalent to the value of the illicit gains in question and by confiscation provided for in Chapter 37, Paragraph 2, of this Law. The person concerned shall be punished by one of the following supplementary penalties: Prohibition from participation in public transactions for at least five years, The content of the ruling against the concerned person shall be published in a newspaper at his/her expense Dissolution and confiscation of his/her property entirely for the benefit of the State This does not preclude the application of the prison penalty prescribed in Chapter 37 of this Law on self-employed persons if their personal responsibility is proven.