As of Friday, Morocco has officially implemented a new law on alternative penalties, marking a significant shift in the country's criminal justice system.
The new legislation, known as Law 43.22, introduces non-prison sentences for certain crimes. The goal is to address prison overcrowding while focusing on the rehabilitation and social reintegration of offenders.
To ensure the law is applied consistently, the Supreme Council of Judicial Power has issued specific guidelines to courts nationwide. These directives require court presidents to appoint specialized judges for alternative penalties. They also emphasize that sentences must be clear and precise, detailing both the original prison term and all necessary information about the alternative punishment.
The law went into effect exactly one year after being published in the Official Gazette. Its implementing decree, approved on May 22, specifies procedures for electronic monitoring and clarifies the responsibilities of the prison administration.
This law marks a major shift in Morocco's criminal justice policy, introducing more humane and modern alternatives to prison. It aims to lessen the negative impact of incarceration on individuals, families, and society while helping convicts reintegrate and reducing the financial costs of prison.
Types of Alternative Penalties
The new law outlines four main types of alternative penalties for offenses with prison sentences of less than five years:
- Community Service: Convicted individuals can be required to perform unpaid work for public or charitable organizations. The judge specifies the work, location, and schedule.
- Electronic Monitoring: Offenders wear ankle bracelets that allow authorities to track their movements. The judicial order details whether the monitoring is fixed or mobile and any geographical or time restrictions.
- Daily Fines: This option requires the offender to pay a fine for each day of their original sentence, ranging from MAD 100 to MAD 2,000 ($10 to $200). It is contingent on the offender proving they have compensated victims or reconciled with them. The court considers the offender's financial situation when setting the amount.
- Restrictive, Therapeutic, or Rehabilitative Measures: This category includes a range of requirements, such as professional training, living in a specific location, or avoiding certain places. Therapeutic measures can also involve psychological treatment or addiction programs.
Offenders who violate electronic monitoring rules or damage devices can face up to three months in prison and fines of MAD 2,000 to MAD 5,000 ($200 to $500).
Implementation and Oversight
The law's success depends on strong coordination among judges, prosecutors, and prison and rehabilitation staff. The Public Prosecutor’s Office has issued a guidance manual to help prosecutors apply the new law effectively.
- Prison and Staff Preparation: Fifty-eight prisons have been selected to implement the new system, with one facility chosen per city to concentrate resources. Staff have received general and specialized training to manage the new penalties.
- Technical Readiness: The new National Electronic Monitoring Center is being prepared, with a specialized company providing necessary equipment like electronic bracelets.
- Eligibility and Exclusions: The law applies to misdemeanors but excludes repeat offenders and those convicted of serious crimes, including terrorism, embezzlement, drug trafficking, and sexual exploitation of minors.
- Legal Deadlines: Courts have strict deadlines for managing the new penalties. For example, enforcement decisions must be issued within ten days. The law makes it clear that failing to comply with an alternative penalty will result in the immediate enforcement of the original prison sentence.
- Monitoring and Coordination: The Public Prosecutor's Office has called for joint committees to monitor the law's implementation and evaluate its effects. They have also recommended using digital solutions and launching public awareness campaigns to shift public perception away from the idea that imprisonment is the only solution.
Final Points
The new law represents a significant step towards a more modern and effective justice system in Morocco. It emphasizes rehabilitation and social reintegration while seeking to reduce the burden on the prison system.