Morocco’s New Law on Alternative Penalties: A Shift Towards Rehabilitation and Reparative Justice
Morocco’s controversial Law No. 43.22 on alternative penalties has officially come into effect, aiming to expand the use of non-custodial sentences for certain offenses. Published in Official Gazette No. 7328, the law excludes serious crimes and repeat offenders from eligibility, sparking debate within political and human rights circles.
Under the legislation, alternative penalties may include community service, electronic monitoring, restriction of rights, and fines for misdemeanors with a maximum imprisonment term of five years. These options aim to promote rehabilitation and reparative justice.
Specifically, Article 2-35 outlines various alternative penalties such as public work, electronic surveillance, restrictions on rights, and therapeutic measures. While Article 3-35 excludes serious offenses like terrorism and human trafficking from eligibility.
Moreover, the law introduces community service as an alternative to imprisonment for individuals aged 15 and above, allowing them to work for state interests or charitable organizations. Electronic monitoring and daily fines are also viable options, emphasizing the individual’s circumstances and victim restitution.
In essence, Morocco’s new law signifies a shift towards rehabilitation and reparative justice, prioritizing non-custodial sentences for less serious offenses while maintaining strict exclusions for major crimes.