This article was automatically translated from Hibapress, the Arabic version:
Heba Press – Abdul Latif Baraka
Wednesday and Thursday May 7 and 8, the capital, Rabat, witnessed the organization of two academic days on the subject of “alternative sanctions for negative sanctions for freedom: in order to download optimal requirements for law n ° 43.22”, in one of the hotels classified in Herhoura.
This meeting, which was assisted by a number of legal events in Morocco or abroad, came to the initiative of the presidency of public prosecutions and in partnership with the Council of Europe, in the context of efforts to improve the capacities of prosecutors and to prepare the conditions of the appropriate application of developments in punitive policy in Fornco.
This meeting intervenes in the context of preparation for law n ° 43.22 linked to alternative sanctions in August, after its issuance in the official Gazette on August 22, 2024. This law should constitute a qualitative change in the modernization of national criminal policy, by establishing a balance of criminal justice between deterrence and respect for rights and freedoms.
The new law provides four types of alternative penalties:
Working for a public benefit: the convicted person is obliged to implement a free social nature, for the benefit of public bodies or public profits associations.
Electronic surveillance: it is applied via electronic devices to ensure that the person sentenced to control conditions.
Cutting on certain rights or imposing monitoring, treatment or rehabilitation measures: such as forcing the convicted person to follow the treatment or to join a rehabilitation institution.
Daily fine: it is imposed as a financial amount specified for each day of imprisonment which would be spent.
These mechanisms aim to reduce the number of prisoners, reduce pressure on penitentiary institutions and improve the social integration of convicted people, in particular in cases where freedoms for freedom are in the short term and do not contribute to rehabilitation.
The meeting witnessed the presence of a large number of judges and sanctions, prosecution officials, administrators of penitentiary institutions and representatives of the government sectors concerned. The discussions centered on three main axes: the national and international legal framework for alternative sanctions, the roles of the judicial bodies in application and the role of executive institutions such as the general commissioner for the prison administration and the Ministry of the Interior in the activation of the requirements of the law.
International experiences in this area have also been examined, including “Spanish and Belgian” experiences, and benefit from them to adapt the Moroccan model to carry out the desired event. The presidency of public prosecutions bets that the work of this meeting leads to practical recommendations which support the preparation of institutional actors and establish a flexible and effective criminal justice which takes into account the dignity of man without prejudice to deterrence.
The activation of law 43.22, as the government states on previous occasions, is an essential step towards the relevance of criminal policy with the global transformations of human rights, and a balance between community security and the rights of individuals.
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