Chapter One
Of excuses
(1) Exempting Excuses
Article (95)
There shall be no excuses with regard to the commission of a crime unless stipulated
in the law.
Article (96)
An exempting excuse shall exempt the perpetrator from any penalty but if needed
he/she shall be subject to precautionary measures such as a precautionary bond.
(2) Mitigating Excuses
Article (97)
When the law provides for a mitigating excuse:
1. If the felony is punishable by the death penalty or by life imprisonment with
hard labor or life detention, the penalty shall be replaced with imprisonment
for a minimum of one year.
2. If the act constitutes any other felony, then the penalty shall be imprisonment
from six months to two years.
3. If the act constitutes a misdemeanor , then the penalty shall not exceed
imprisonment for six month a fine of twenty five Dinars.
Article (98)
Whoever commits a crime while in a state of rage which is the result of an
unjustifiable and dangerous act committed by the victim, benefits from a mitigating
excuse.
Chapter Two
Of Mitigating Factors
Article (99)
If mitigating factors existed in a case the court shall rule as follows:
1. Life imprisonment with hard labor or ten to twenty years of temporary
imprisonment instead of the death penalty.
2. Temporary imprisonment for no less than eight years instead of life
imprisonment with hard labor, temporary detention for a period no less than
eight years and instead of life detention.
3. The court has the power to reduce any other criminal sentence by half.
4. Except in case of repetition, the court may also reduce any penalty that has a
minimum limit of three years imprisonment to a sentence of at least one year
imprisonment.
Article (100)
1. If the court applied mitigating factors for the benefit of a person who committed a
misdemeanor, then the court has the power to reduce the sentence at least to its
minimum limit stated in articles (22 and 21).