Alternative sentences: the government is working to address financial and logistical challenges

Thursday 21st November 2024 01:58 PM

In Morocco, penitentiary establishments are suffocating. Faced with this worrying reality, the publication in Official Bulletin No. 7328 of Law No. 43.22 relating to alternative penalties, on August 7, 2024, marked a decisive turning point. But the real challenge is still ahead of us: transforming this legislative ambition into operational reality within a time frame strictly regulated by law.

A regulatory race against time

The provisions of Law No. 43.22 relating to alternative penalties clearly establish the framework: entry into force is conditional on the publication of the necessary regulatory texts, within a maximum period of one year. To date, there are precisely 8 months and 15 days left to meet this legal deadline. An emergency which explains the exceptional mobilization of November 20, 2024, under the presidency of the Head of Government, Aziz Akhannouch. This very important meeting brought together the key players in the project: the Minister of Justice, Abdellatif Ouahbi, the general delegate for Prison Administration and reintegration, Mohamed Saleh Tamek, as well as the general director of the Caisse de dépôt et of management, Khalid Safir. A steering committee and thematic commissions were established, with the mission of developing implementing decrees within a maximum period of five months.

A sophisticated operational architecture

Article 647-13 of Law No. 43.22 relating to alternative penalties highlights the need to define by regulation the methods of managing the electronic bracelet, including the financial aspects. This technological innovation, the cornerstone of the system, requires meticulous organization. “This approach constitutes an effective solution to relieve congestion in our prisons,” says the Minister of Justice, who sees it as “a qualitative leap in our penal system.” The text entrusts the prison administration, or any delegated entity, with responsibility for monitoring alternative sentences. A strategic partnership between the Caisse de dépôt et de gestion and the General Delegation to the Prison Administration is emerging to ensure this mission, both at central and local level.

Protection of the vulnerable and social reintegration

The law pays particular attention to minors, particularly in the context of sporting events. “We want to give citizens a second chance while fighting effectively against violence, particularly that against women,” underlines Abdellatif Ouahbi. This balanced approach nevertheless excludes perpetrators of serious crimes and repeat offenders from the system. The alternative penalties provided for include unpaid community service, daily fines of between 100 and 2,000 dirhams, and targeted restrictions on rights. A diversified legal arsenal which allows a proportionate and individualized criminal response.

A major logistical and financial challenge

The success of this reform relies on an unprecedented mobilization of human and financial resources. Management, administrative and financing needs were at the heart of government discussions. The conventional framework between the CDG and the Prison Administration must precisely define the terms of this logistical and operational support. As part of the implementation of the High Royal Guidelines calling for a new penal policy, this reform marks a break with the purely punitive approach, favoring a balance between sanction and reintegration. Its effective implementation, conditioned by compliance with regulatory deadlines, will constitute a decisive test for the modernization of the Moroccan judicial and penitentiary systems.

Eight months before the legal deadline, the countdown is on. The success of this judicial revolution will depend on the capacity of institutions to quickly transform these ambitions into concrete reality, while respecting the strict legal framework imposed by the legislator. A major challenge for a project that could permanently redefine the face of criminal justice in Morocco.