Morocco’s long-awaited law on alternative sentencing entered into force Friday, introducing fines, community service, and electronic monitoring as substitutes for prison terms.
The reform, enacted under Law No. 43.22 and its implementing decree 2.25.386, is accompanied by detailed directives from the Supreme Council of the Judiciary instructing courts to designate judges for enforcement and ensure clarity in rulings.
The government approved the decree on May 22, aiming to operationalize new provisions in the Code of Criminal Procedure that regulate the prison administration’s role in supervising alternative penalties and managing electronic tagging systems.
Judicial authorities stressed that success depends on close coordination between trial courts, enforcement judges, prosecutors, prison directors, and host institutions.
Ahead of enforcement, the Public Prosecution Office issued a reference guide to assist magistrates in applying the law.
The document outlines procedures for proposing, implementing, and monitoring alternative sanctions, with the dual goal of balancing justice for litigants and reducing the financial burden of incarceration on the state.
Alternative penalties include community service, where rulings must specify the nature, location, and schedule of the work; electronic monitoring, requiring details on residence, movement restrictions, and monitoring systems; and daily fines, calculated based on the original sentence and payable within six months, with options for installment plans.
The law also provides for rehabilitative or therapeutic measures, such as mandatory training or addiction treatment, with precise reporting requirements.
The legislation excludes serious crimes such as terrorism, major financial offenses, money laundering, drug and human trafficking, and child sexual exploitation.
Eligibility is limited to offenders sentenced to no more than five years’ imprisonment without repeat offenses.
Execution timelines are set at six months, renewable once, for community service, daily fines, and rehabilitative measures.
Authorities emphasized that strict management of deadlines is key to ensuring legal certainty and public trust.
Until a fully integrated digital system is established by the prison administration, court rulings on alternative penalties will be transmitted directly to detention facilities.
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