Law 43.22, a pillar of more human and modern justice, was at the heart of the exchanges in Harhoura, where national and international experts looked at the challenges of its implementation. Organized by the Presidency of the Public Prosecutor’s Office, in partnership with the Council of Europe and in coordination with the general Delegation to the Prison Administration and Reintegration (DGAPR), the event brought together representatives of the judiciary, the Ministries of Justice and the Interior as well as European experts.
Intervening on this occasion, Mohamed Abdennabaoui, first president of the Court of Cassation and Deputy President of the Higher Council of the Judicial Power, stressed that the reform relating to alternative sentences now placed Morocco in the circle of countries with modern judicial systems. He highlighted that these alternative penalties significantly reduced recurrence rates and proved to be particularly effective in the delinquency linked to addiction. In addition, they are economically advantageous, sometimes costing up to ten times cheaper than imprisonment, while being socially beneficial.
A qualitative jump in criminal legislation
The Minister of Justice, Abdellatif Ouahbi, recalled, for his part, that law 43.22 was the fruit of a long process of consultation with the various institutional actors. According to him, it represents a qualitative jump in the Moroccan penal system, encouraging the exploration of new modes of sanction less private of freedom. He called on the magistrates to demonstrate diligence in the application of this new device. The Minister also expressed the full disposition of his department to provide the necessary means to guarantee the success of the application of this law. He stressed that this legislation encouraged new means of punishment, emphasizing the need to be audacity in legislative matters in order to improve the legal system.
To a practical guide and institutional support
For his part, the prosecutor general of the king near the Court of Cassation, president of the public prosecutor, El Hassan Daki, announced during his intervention the preparation of a practical guide to facilitate the application of the law and the establishment of training sessions for the benefit of magistrates and other stakeholders. He recalled that alternative penalties – such as general interest work, electronic surveillance or daily fines – allowed the condemned to stay in his social environment, thus promoting his rehabilitation and limiting the deleterious effects of imprisonment.
-A humanist approach to sanction
Mohamed Saleh Tamek, general delegate for the prison administration, said that this law marked a real turning point in criminal justice. For Mr. Tamek, these sorrows are not synonymous with laxity, but of a more intelligent and human approach to justice, promoting rehabilitation and social reintegration, while reducing costs for the state. He also stressed that the law conferred on the DGAPR a mission of controlling these sentences, provided that an organic law is adopted and that the appropriate means are provided. Mr. Tamek insisted on the need for effective coordination between all stakeholders, stressing that a failure could be avoided thanks to progressive implementation and regular assessments.
A law on a human and constitutional dimension
Carmen Dead Gomez, head of the office of the Council of Europe in Morocco, welcomed this reform which she considers as a “historic turning point” aligned with the constitutional commitments of Morocco in matters of human rights and dignity. She indicated that the law was part of a logic of restorative justice and would reduce prison overcrowding and strengthen the efficiency of the Moroccan penal system. The Council of Europe and the European Union also support this process within the framework of the MA-Just program.
A shared desire for success
Finally, all of the stakeholders emphasized the need for collective mobilization – judicial institutions, prison administration, civil society – to guarantee the success of this reform. Scheduled to enter into force in August 2025, Law 43.22 brought the ambition of a more human, more modern and more effective penal system, faithful to the royal vision in matters of reintegration and social justice.
