What you need to know about Alternative Sanctions in Morocco
The adoption of Bill No. 43.22 on alternative sanctions marks a crucial step in the modernization of Moroccan penal policy. This legislative text, approved after extensive debates, introduces measures aimed at solving prison overcrowding problems and providing reintegration solutions for offenders, with the exception of serious crimes.
Alternative Measures for Modern Justice
Minister of Justice Abdellatif Ouahbi stressed the importance of this reform, calling it an essential pillar for the modernization of the penal system, in accordance with the royal directives of His Majesty King Mohammed VI. The bill proposes alternative sanctions to imprisonment, such as community service, electronic monitoring, restriction of certain rights and rehabilitation, as well as financial fines.
The Minister also highlighted the increased role of the public prosecutor in the implementation and monitoring of these alternative sanctions, while granting broad discretion to the criminal judge for their application. The management of the execution of these sanctions will be entrusted to the judge responsible for the application of sentences, in collaboration with the General Delegation for Prison Administration and Reintegration.
The text defines alternative sanctions as those imposed in place of imprisonment for offences punishable by sentences not exceeding five years in prison. However, it excludes these measures in the event of a repeat offence. The law emphasises the need for these sanctions to rehabilitate the convicted person and prevent repeat offences.
A Global and Innovative Approach
Hicham Mellati, Director of Criminal Affairs and Pardons at the Ministry of Justice, explained that the preparation of this text aimed to reform the current penal code and the code of criminal procedure, while avoiding long legislative delays. He stressed the need for adequate logistical and financial resources, as well as media awareness to ensure understanding and acceptance of alternative sanctions.
The law also provides for implementing decrees, the first of which will concern the monitoring of alternative sanctions by the prison administration, and the second will concern the management of electronic surveillance. The Ministry of Justice has already begun negotiations with specialist companies for the installation of electronic bracelets.
A New Penal Philosophy
Professor Boutheina Krouri of Mohammed V University noted that the global criminal justice crisis has highlighted the ineffectiveness of incarceration as the only response to crime. She stressed that deprivation of liberty has often made the situation worse, prompting the adoption of rehabilitative and preventive measures.
The United Nations has formulated minimum rules for non-custodial measures, known as the “Tokyo Rules,” which inspired this Moroccan reform. The professor concluded that the effectiveness of alternative sanctions will depend on coherent legislation and the training of human resources to meet the challenges of the penal system.
In summary, Law No. 43.22 on alternative sanctions represents a major step forward for Morocco, aligning its penal system with international best practices while responding to the specific needs of its society.
Copy URL URL Copied
