During a National Communication Meeting on Law No. 43.22 relating to alternative penalties, organized Wednesday in Rabat by the Superior Council of Judicial Power under the theme “Justice in the service of reintegration: Practical reading in the processes of implementing alternative sentences”, the Minister of Justice, Abdellatif Ouahbi, and the prosecutor general of the King near the Court of Cassation, President of the Public Ministry, In light the importance of this law for more human and effective criminal justice.
Abdellatif Ouahbi called for enhanced cooperation between the institutions concerned to guarantee an efficient application of the alternative penalties law. These sentences, which constitute an alternative to private sentences of freedom, represent a positive step towards the reintegration of the convict, he stressed. The Minister clarified that the judge has absolute power to determine the nature, the limits and the methods of execution of these sentences, while emphasizing the need for flexibility in the face of logistical constraints, such as the establishment of detailed reports on the convicts. He also presented international experiences illustrating the different forms and practical measures of alternative sentences.
For his part, El Hassan Daki said that alternative penalties embody the evolution of the concept of pain, going from a vector of deterrence to a means of rehabilitation and discipline. They make it possible to raise awareness of the gravity of his act without excluding him from society, thus promoting his reintegration. According to him, an optimal implementation of these measures is an indicator of the effectiveness of criminal justice in the fight against crime. This law also reflects the positive development of Moroccan criminal policy, in line with the royal high will to reform this field, by aligning itself on the spirit of the Constitution and international standards.
Objectives and scope of Law No. 43.22
Law No. 43.22, integrated into the Criminal Code and the Criminal Code of Procedure, introduces an innovative approach exceeding the exclusive recourse to the private sentences of freedom. It aims to support global developments in matters of public freedoms and rights, to allow beneficiaries to access a qualification and social reintegration, while helping to resolve prison overcrowding and to rationalize expenses. It excludes crimes with prison sentences greater than 5 years firm and cases of recurrence where the deterrent effect is not reached. Alternative penalties are available in four types: general interest work, electronic surveillance, restriction of certain rights or the taxation of preventive, qualifying or healing measures, and days amende.
This meeting, which is part of the preparation of the judiciary for the fluid implementation of the new provisions, included two scientific sessions focused on the conceptual framework of alternative sentences, between text and jurisprudence, and on the challenges of their application, marked by the need for complementarity of institutional roles. Law No. 43.22 is thus positioned as an ambitious legislative text, embodying a major reform of Moroccan criminal policy in the service of reintegration and justice.
