Morocco Enacts Alternative Sentencing Law in Penal System Overhaul

Morocco has officially implemented a new law that introduces non-custodial sentencing options for minor offenses, marking a significant step in the country’s ongoing penal system reform efforts.

Morocco’s new alternative sentencing law, which has sparked considerable debate in political and human rights circles, has come into effect following its publication in the Official Gazette, edition number 7328, on August 22.

The law, known as Law No. 43.22, aims to expand the scope of alternative sentences while excluding serious crimes and repeat offenders. It defines alternative sentences as those imposed in lieu of custodial sentences for misdemeanors punishable by up to five years of effective imprisonment.

These alternatives include community service, electronic monitoring, restriction of certain rights or imposition of supervisory, therapeutic, or rehabilitative measures, and daily fines.

Details of the Alternatives

Key provisions of the law stipulate that alternative sentences cannot be applied to offenses related to state security, terrorism, embezzlement, bribery, influence peddling, money laundering, military crimes, international drug trafficking, psychotropic substance trafficking, human organ trafficking, and sexual exploitation of minors or disabled persons.

Community service, one of the primary alternatives, can be imposed on individuals aged 15 or older at the time of sentencing. This unpaid work ranges from 40 to 3,600 hours and is performed for various public institutions, charities, or non-governmental organizations working for the public good.

Another alternative, electronic monitoring, involves tracking the movement of the convicted person using one or more approved monitoring methods. The court determines the location and duration of monitoring, considering the crime’s severity, the convict’s personal and professional circumstances, and victim safety.

The law also allows for the restriction of certain rights or the imposition of supervisory measures such as requiring the convict to reside in a designated location or adhere to travel restrictions.

Daily fines, another alternative, can be imposed in place of effective prison sentences. The court sets a daily fine amount between 100 and 2,000 dirhams for each day of the prison sentence, considering the convict’s financial capabilities and the severity of the crime.

However, in addition to these punitive alternatives, the law also allows for rehabilitative and therapeutic programs. These may include having the convict participate in specific professional activities or undergo professional training, among others.

Legislative Process

The legislative process for this law began on June 20, 2023, when it was submitted to the House of Representatives. After passing through various stages, including committee reviews and general assembly votes, the law was finally approved on June 24, with 72 votes in favor, no opposition, and 29 abstentions.

Next Steps and Challenges Ahead

Despite its publication in the Official Gazette, the law’s implementation is contingent upon the issuance of necessary regulatory texts, which are expected within a year.

Minister of Justice Abdellatif Ouahbi, addressing the House of Representatives during the final vote, emphasized the importance of this law in reforming Morocco’s penal system.

“Custodial sentences, especially short-term ones, are not the most suitable solution for rehabilitating convicts and reintegrating them into society,” he stated. “They are an expensive punitive measure, especially given the increasing prison population.”

Ouahbi highlighted that the new law aligns with global trends in criminal justice systems, which are moving towards alternative sentencing as a means to revise and develop criminal policy, reduce overcrowding in prisons, and overcome the negative effects of short-term custodial sentences.

He noted that such sentences are often too brief to implement effective and comprehensive rehabilitation programs and can lead to the mixing of low-risk offenders with dangerous criminals.

The Minister also outlined the roles of various agencies involved in implementing alternative sentences. He called to strengthen the role of the public prosecutor’s office in activating and monitoring alternative sentences, grant broad discretionary power to criminal judges in sentencing, and assign judicial execution of alternative sentences to the judge responsible for implementing penalties.

Ouahbi stressed the importance of encouraging the use of alternative sentences by all parties involved in the criminal justice process. He emphasized raising public awareness about the importance of alternative sentencing, providing the necessary material and logistical resources for implementation, and ensuring a common and proper understanding of the legal texts governing alternative sentences.

This can be accomplished through the preparation of practical guidelines and training sessions.

This new legislation represents a significant shift in Morocco’s penal policy, aiming to reduce prison populations and promote rehabilitation while maintaining public safety.