Continuing Supervision and Punishment After Release from Prison

Posted on | January 20, 2010

Prior to 1978 the continuing punishment of those released from prison after serving their sentences was regulated by Articles 342 to 351 of the Criminal Procedure Code. RCC Resolution 997 of 1978 deleted these provisions and replaced this regime with some new provisions relocated to amended sections of the Penal Code No. 111 of 1969.

Articles 99 to 100 of the Penal Code states as follows:
99:
(1) Any person sentenced to imprisonment for a felony relating to the internal or external security of the State, the counterfeiting or imitation of currency, the forgery of stamps, government bonds or official records or bribery, embezzlement, theft or premeditated murder in aggravating circumstances will, following the completion of his sentence, be placed in accordance with the law under the supervision of the police according to the provisions of Paragraph 108 of this Code for a period equal to that of the original sentence but this period may not exceed 5 years.. However, the court may reduce in its sentence the period of supervision or may absolve the convicted person from such supervision or reduce the constraints of that supervision.
(2) Any person who contravenes the provisions of police supervision is punishable by a period of detention not exceeding 1 year plus a fine not exceeding 100 dinars.

100:
(1) The court may, when sentencing a person to life imprisonment or imprisonment for a term of years or to a period of detention exceeding 1 year, order that he be deprived of one or more of the rights listed below for a period of not more than 2 years from the date of the completion of his sentence or its termination for any other reason:
(a) The holding of certain public offices and positions but any office or position of which he is to be deprived should be specified in the sentence and any decision to that effect should be justifiable.
(b) The wearing of national or foreign medals.
(c) The carrying of arms.
(d) All or some of the rights and privileges listed in Article 2 of [RCC Resolution 997 of 1978].
(2) A penalty depriving the convicted person of similar rights and privileges may also be imposed on him and he should therefore serve the longest penalty following his release from prison.
(3) If the convicted person is released on a conditional discharge then the period of deprivation prescribed by the court will begin on the day he is released from prison. If a decision to cancel the conditional discharge is issued and the convicted person is required to serve the remainder of his sentence, then the period of deprivation begins on the day he completes the period of his sentence.
(4) The public prosecutor or the convicted person may, after a period of not less than 6 months from the date of his release from prison, submit to the High Court in the area where the convicted person is resident, an application for the reduction or cancellation of the remainder of the period of deprivation prescribed by the sentence. The High Court must, after making the necessary inquiries, issue its decision, which must be both justified and final. The public prosecutor or the convicted person may, if the application is rejected either wholly or partially, submit a further application after a period of 3 months from the date when the initial application was rejected.


The additional penalties listed in Article 2 of RCC Resolution 997 of 1978 are:
(1) [Deprivation of] all offices or positions held by him
(2) He may neither vote for nor be elected to any representative council.
(3) He may not be a member of an administrative or municipal council nor a member or director of a company.
(4) He may not act as guardian, executor or trustee.
(5) He may not own or publish a newspaper nor be its editor in chief.