Morocco launches alternative sentencing law to reshape criminal justice system

Saturday 23 August 2025 - 07:50

By: Dakir Madiha

Morocco launches alternative sentencing law to reshape criminal justice system

Morocco has enacted its alternative penalties law, marking a transformative shift in the nation’s criminal justice approach. Effective as of Friday, the legislation introduces non-custodial sentences for certain offenses, aiming to alleviate prison overcrowding while fostering rehabilitation and reintegration into society.

Key provisions of the law

Law 43.22, alongside its implementing decree 2.25.386, establishes a framework for alternative penalties, including community service, electronic monitoring, daily fines, and rehabilitative measures. These alternatives target offenses with prison sentences of less than five years and exclude repeat offenders and serious crimes such as terrorism, corruption, and human trafficking.

Community service, one of the primary alternatives, requires offenders to perform unpaid work for public institutions or charitable organizations. Sentencing judges are tasked with detailing the nature, duration, and schedule of the work.

Electronic monitoring via ankle bracelets allows authorities to track offenders’ movements, with strict restrictions on locations and timelines. Violations, such as tampering with devices or fleeing, can result in penalties of up to three months in prison and fines of MAD 2,000–5,000 ($200–500).

Daily fines, ranging from MAD 100 to MAD 2,000 ($10–200) per day, depend on the offender’s financial standing, family obligations, and the severity of the offense. Additionally, rehabilitative measures may include vocational training, psychological treatment, or addiction recovery programs.

Implementation and oversight

The Supreme Council of Judicial Power (CSPJ) has issued guidelines to ensure consistent application of the law. These directives emphasize coordination among judges, prosecutors, prison directors, and host organizations. Courts are required to clearly outline sentencing details, including alternative measures and enforcement deadlines.

Fifty-eight prisons across Morocco have been designated for implementing the new system. Staff members have undergone specialized training, and a National Electronic Monitoring Center is being prepared to manage electronic tracking equipment.

The Public Prosecutor’s Office has also published a guidance manual addressing potential challenges and implementation strategies. Digital tools are being developed to enhance monitoring and ensure transparency in the law’s execution.

Eligibility and safeguards

The law excludes serious crimes such as embezzlement, bribery, drug trafficking, and sexual exploitation. Eligible offenders must fulfill their alternative penalties within six months, with a one-time extension permitted. For daily fines, 50% must be paid upfront, with the remainder scheduled in installments.

Judicial oversight plays a critical role in maintaining consistency and public trust. Courts are required to respect strict deadlines for enforcement decisions and appeals. Failure to comply with alternative penalty obligations results in the reinstatement of original prison sentences.

A step toward modern justice

Justice Minister Abdellatif Ouahbi has called for institutional collaboration to ensure the law’s success. Authorities aim to raise public awareness about the benefits of alternative sentencing, shifting societal perceptions away from incarceration as the sole response to crime.

By introducing these reforms, Morocco seeks to modernize its justice system, reduce the economic burden of imprisonment, and provide offenders with opportunities for rehabilitation and reintegration.