Baitas: Alternative sentences do not encourage impunity

This Thursday’s Government Council discussed and approved the new version of the bill for alternative sentences, presented by Minister of Justice Abdelatif Ouahbi.

The version adopted today is part of an evolution in the world in terms of freedoms and public rights, said Mustapha Baitas, Government Spokesperson.

“The bill is proposing alternatives to short-term custodial sentences, minimizing their negative effects and paving the way for the rehabilitation and integration of their beneficiaries into society,” said Baitas.

The Government Spokesperson also recalled the main objective of this law, namely to respond to the problem of prison overcrowding, as well as to rationalize costs.

Another objective is to “allow people who have committed offenses, under certain conditions, to serve their sentence while integrating into society,” he said.

The minister described the legislation is “revolutionary,” highlighting that “the government issued it based on the royal speech of 2009 on the occasion of the 56th anniversary of the revolution of the king and the people, which gave directions for the development of alternative judicial procedures, such as mediation, arbitration, conciliation, and the introduction of alternative penalties.”

“The law must maintain a balance between human rights and the rights of society,” said Baitas denying the law’s contribution to impunity, adding: “Not all crimes and misdemeanors are committed in the same circumstances and the same context, as cases differ, so the possibilities offered by the law are an opportunity.”

The law contains several substantial provisions that are in line with the general principles of the Penal Code, and others of a formal nature, relating to the execution of penalties in accordance with the rules of criminal procedure.

The application of alternative pines is not “systematic,” said the government spokesman.

However, judgment by alternative sentences will remains entirely dependent on the discretion of the judge, who decides according to the specificities and circumstances of each case, but may only be applied for offenses punishable by a prison sentence not exceeding five years.

This bill distinguishes three types of alternative penalties: work of general interest, electronic surveillance and the restriction of certain rights, as well as the imposition of control, therapeutic or rehabilitation measures.

Regarding the new national bar exam, Baitas said that the Constitutional Council had done an excellent job of mediating and monitoring the various points raised by the exam, before proposing a set of observations.

Baitas added that the head of government had taken note of the remarks made by the Kingdom’s mediator, and expressed his official position in this regard, by means of an official communiqué.

The Minister emphasized that the government has now implemented the recommendations, but that the ministry responsible (Ministry of Justice) has its own communication channels to pursue dialogue with the various parties.