New law on alternative punishments comes into effect in Morocco

The controversial Moroccan law No. 43.22 on alternative punishments has officially come into force, following its publication in the latest issue of the Official Gazette No. 7328.

The law, which has sparked much debate in political and human rights circles, aims to expand the use of alternative punishments while excluding serious crimes and repeat offenders.

The legislation is designed to provide alternatives to prison sentences for offences where the sentence is not longer than five years. These alternatives include community service, electronic monitoring, restrictions on certain rights and the imposition of fines.

Under Article 2-35, alternative sanctions may include work for the public interest, electronic monitoring, restrictions on specific rights and supervisory, therapeutic or rehabilitative measures. In addition, daily fines may be imposed.

However, Article 3-35 provides that alternative sanctions do not apply to crimes related to state security, terrorism, corruption, bribery, embezzlement, military offences, international drug trafficking, trafficking in psychotropic substances, trafficking in human beings or sexual exploitation of minors and disabled persons.

Article 35.5 allows community service as an alternative to imprisonment for persons aged 15 and over. This unpaid work can range from 40 to 3,600 hours and must be performed for state interests, public institutions, charities or non-governmental groups.

Electronic monitoring involves following the convicted person’s movements using approved methods, with details determined by the court. This approach takes into account the seriousness of the crime, the person’s personal and professional circumstances, and the safety of victims.

The law also allows for restrictions on certain rights, including requiring specific professional activities or studies, restricting freedom of movement, requiring regular reporting to authorities, and requiring psychological or addiction treatment. Offenders can also be required to compensate victims or repair damage caused by their crimes.

Article 14-35 allows for the imposition of daily fines as an alternative to imprisonment, with amounts ranging from 100 to 2,000 dirhams per day. Juveniles may also be subject to daily fines if approved by their guardians. Such fines may only be imposed after proof of reconciliation or compensation to the victim.

Overall, the new law represents a significant change in Morocco’s approach to punishment, with an emphasis on rehabilitation and restorative justice, while maintaining strict exclusions for serious crimes.