Rabat – Morocco’s Public Prosecutor, Hassan Daki, has urged prosecutors across the country to prepare for the implementation of Law No.43.22 on alternative sentences.
Daki sent a circular to public prosecutors at appeals courts and primary courts, detailing the need to study the law’s provisions and discuss the best ways to enforce it while identifying potential challenges.
The law, which introduces alternative punishments to prison sentences, is set to come into effect in August 2025 after its publication in the official Gazette. Daki said that this period is a key opportunity for courts to prepare for this transition and ensure the success of the law.
Daki provided several guidelines to ensure smooth implementation, including urging prosecutors to organize sessions to study the law and address any issues that may arise in its application.
The Public Prosecutor explained that under the new law, prosecutors are allowed to propose alternative punishments in the defendant’s situation and the case’s circumstances justify it.
After a judgment becomes final, prosecutors can request the substitution of a prison sentence with an alternative punishment based on factors like the inmate’s health, family situation, good behavior, or reconciliation with the victim.
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The law includes various forms of alternative sentences, such as community service, electronic monitoring, and daily fines. For example, daily fines allow a convict to replace a prison sentence by paying a set amount between MAD 100 and 2,000 per day of imprisonment. The convict has six months, extendable once, to pay the fine.
Daki noted the importance of closely monitoring the implementation of these sentences. Prosecutors are expected to ensure that community service, electronic monitoring, and other measures are properly carried out. This includes field visits and requesting reports from institutions overseeing the execution of these sentences. If violations occur, such as failing to meet deadlines, prosecutors can ask the court to reinstate the original prison sentence.
Daki said it is important to avoid unnecessary delays and help streamline the adoption of alternative punishments. He urged prosecutors to minimize appeals and focus only on cases where key interests, such as public safety or victims’ rights, are at stake.
In his circular, Daki called for strong coordination between prosecutors, judges, and institutions supervising the enforcement of sentences.
The law, which seeks to reduce prison overcrowding and promote inmate rehabilitation, has drawn varied reactions among Moroccans.
Many criticized it by saying that alternative sentences are not powerful enough and lack the “deterrence” factor that comes with harsher sentences. They argue that harsh sentences keep people from committing a crime for fear of receiving the same sentence.
