Morocco’s controversial Law No. 43.22 on alternative penalties has officially taken effect, following its publication in the latest issue of the Official Gazette No. 7328.
The law, which has sparked significant debate among political and human rights circles, aims to broaden the use of alternative penalties while excluding serious crimes and repeat offenders.
The legislation is designed to offer alternatives to custodial sentences for misdemeanors where the imprisonment term does not exceed five years. These alternatives include community service, electronic monitoring, restriction of certain rights, and the imposition of fines.
Under Article 2-35, alternative penalties can involve work for public benefit, electronic surveillance, restrictions on specific rights, and supervisory, therapeutic, or rehabilitative measures. Additionally, daily fines may be imposed.
However, Article 3-35 specifies that alternative penalties will not apply to offenses related to state security, terrorism, corruption, bribery, embezzlement, military offenses, international drug trafficking, trafficking in psychotropic substances, human trafficking, or sexual exploitation of minors and disabled individuals.
Article 35.5 allows for community service as an alternative to imprisonment for those aged 15 or older. This unpaid labor can range from 40 to 3,600 hours and is to be performed for state interests, public institutions, charitable organizations, or non-governmental groups.
Electronic monitoring involves tracking the convicted individual’s movements using approved methods, with the specifics determined by the court. This approach considers the seriousness of the crime, the individual’s personal and professional circumstances, and the safety of victims.
The law also allows for the imposition of restrictions on certain rights, including mandating specific professional activities or studies, restricting movement, requiring regular reporting to authorities, and undergoing psychological or addiction treatment. Offenders may also be required to compensate victims or repair damage caused by their crimes.
Article 14-35 permits the imposition of daily fines as an alternative to incarceration, 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 can only be applied following evidence of reconciliation or compensation to the victim.
Overall, the new law represents a significant shift in Morocco’s approach to sentencing, focusing on rehabilitation and reparative justice while maintaining strict exclusions for serious crimes.
add your comment
Terms of publication : Not to offend the writer, people, sacred things, or attack religions or the divine self, and refrain from racist incitement and insults.