Law No. 43.22 on alternative penalties entered into force after its publication in the Official Gazette, its latest issue No. 7328.
The project was approved by the House of Representatives by a majority, during a legislative session held on Monday, June 24, 2024, as part of a second reading, and was approved by 72 parliamentarians, while 29 others abstained from voting without recording any opposition, while the House of Advisors approved it on June 4, and was approved by 36 parliamentary advisors and 6 parliamentary advisors abstained from voting.
Accept that, the House of Representatives had previously approved the project on Tuesday, October 24, 2023, by a majority of 115 deputies, against 41 opposing votes and 5 abstentions, after it was approved by the Justice, Legislation and Human Rights Committee at its meeting held on October 4, 2023, after introducing a set of amendments to it, improving its content, reviewing its wording and taking into account the consistency of its provisions with the specificity of Moroccan society and with the general principles related to punishment contained in the Penal Code and the Code of Criminal Procedure.
The new law aims to expand the scope of benefiting from alternative punishments, with the exception of serious crimes and recidivists, in addition to stipulating measures to repair the damages of crime, as the minister explained during the voting session on the project in the second chamber of parliament.
Abdellatif Wahbi, Minister of Justice, had previously confirmed that the contents of the draft law were an urgent demand that human rights activists and legal experts had defended on several occasions, and he recalled the references adopted in drafting the draft law, especially the royal directives and the approved international rules.
The Minister also pointed out the Ministry’s keenness to establish an effective penal policy, in order to find solutions for simple crimes according to a rehabilitative and integrative approach away from prison, aiming to instill a spirit of citizenship, duty and commitment, especially through the penalty of work for the public benefit, in addition to contributing to reducing cases of overcrowding within prison institutions, whose population has reached approximately 107,000 prisoners, half of whom are sentenced to short-term sentences, which affects many programs prepared by the administration in charge of prisons on the one hand and increases the financial cost of prisoners on the other hand. In the same context, the Minister noted in his speech that work is currently underway to prepare the appropriate ground for implementing the project financially and organizationally with the relevant authorities.
As Minister of Justice Abdellatif Wahbi confirmed on November 14, 2023, during the general discussion of draft law No. 43.22 on alternative penalties, organized by the Justice, Legislation and Human Rights Committee of the House of Councillors, that the draft law is one of the most important legislative projects and a fundamental driver of the criminal justice system, due to its close connection to the field of protecting rights and freedoms, combating crime, achieving the security of individuals and groups, and keeping pace with the development taking place at the level of contemporary criminal systems. It is also considered a legislative revolution in preserving the rights and freedoms of individuals.
For reference, the new Law No. 10.23 on the organization and management of prison institutions was published in the same issue of the Official Gazette, and the previous law was copied.
