The Supreme Council of the Judiciary issued a circular Wednesday ahead of the entry into force of Morocco’s new law on alternative penalties and its implementing decree, instructing senior judges to designate magistrates responsible for applying such sanctions.
The Council stressed that rulings must be “clear and precise,” including both the initial custodial sentence and all essential details of the alternative measure, such as its duration, conditions, and location of execution.
Signed by the Council’s secretary general, the circular underscores the need for each court of appeal and first-instance tribunal to assign a magistrate tasked with coordinating with prison authorities and other institutions, monitoring enforcement, and validating records required by law.
It specifies that in cases of breach or interruption of an alternative sanction, the original prison sentence or its remainder must be executed immediately.
The text also requires prosecutors to notify convicts, their legal guardians in the case of minors, and prison or host institutions, by Article 564-7 of the Criminal Procedure Code.
To ensure proper application, the Council detailed requirements for each type of penalty: for community service, courts must specify the nature of tasks, host institution, address, duration, and schedule; for electronic monitoring, rulings must include the device type, authorized addresses, restrictions, duration, and contact references; and for supervision, treatment, or reintegration programs, decisions must mention the activity or training, establishment, schedule, restricted areas, type of treatment, and, if applicable, modalities for civil reparations.
The Council further called on judicial leaders to strictly manage legal deadlines related to enforcement, notifications, and appeals, noting that respecting timelines is essential to legal security and public trust.
It emphasized that these directives do not affect judicial independence but aim to ensure the correct application of the new system in its early phase, with objectives of reducing prison overcrowding, strengthening the rehabilitative character of punishment, and consolidating confidence in justice.
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