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On Friday, August 22, Law No. 43.22 regarding alternative penalties has officially come into force. As outlined in Article 1-35 of Law No. 43.22, alternative penalties are designed to replace custodial sentences for certain crimes under specific conditions. These penalties are implemented with the aim of reintegrating, rehabilitating, and reducing the likelihood of reoffending among convicted individuals.
Judges now have the authority to replace prison sentences, or the remainder thereof, with alternative penalties for those convicted of misdemeanors carrying a sentence of no more than five years, provided the judicial decision is final and binding.
The primary objective of these alternative penalties is to reform the behavior of offenders and facilitate their reintegration into society, taking into account both personal circumstances and the specifics of the crime committed.
Types of Alternative Penalties
Alternative penalties are categorized into four main types as described in Article 2-35 of Law 43.22. The first is community service, an unpaid penalty performed for the benefit of the state, local authorities, public institutions, charitable organizations, or places of worship.
According to Article 6-35, the community service hours range from a minimum of 40 to a maximum of 3600 hours for adults, with aggravated cases reaching up to 3600 hours. Each three hours of work equates to one day of imprisonment.
Community service assignments must be appropriate to the convicted person's gender, age, profession, skills, and capabilities. They should complement the individual's regular professional or craft activities and not disrupt their family, professional, or educational life.
The second type of penalty involves electronic monitoring, which restricts the convicted person's movements through devices such as an electronic bracelet or anklet, as approved by the prison administration. The court determines the location and duration of this monitoring, considering the crime's severity, the offender's personal and professional circumstances, victim safety, and without infringing on the rights of those living with the convicted person.
The third category includes restrictions on certain rights or the imposition of supervisory, therapeutic, or rehabilitative measures. Although grouped as a single penalty, this encompasses various measures that differ in nature and execution. The court or sentencing judge, when replacing a prison sentence under Article 22-647 of the Code of Criminal Procedure, can implement one or more of these measures. These include engaging the convicted person in specific professional or educational activities, requiring residence at a specified location, prohibiting visits to certain places, imposing supervision by requiring regular check-ins with authorities, prohibiting contact with victims, and mandating psychological or addiction treatment.
The fourth type is the daily fine, as stipulated in Article 15-35. This involves a monetary payment for each day of the substituted prison sentence, ranging from 100 to 2000 dirhams per day, based on the convicted person's financial situation, the crime's severity, and any damages incurred.
Conditions for Imposing Alternative Penalties and Exemptions
Article 1-35 specifies that alternative penalties are applicable only to misdemeanors with penalties not exceeding five years of imprisonment and are not applicable in cases of recidivism.
When imposing an alternative penalty, the court must consider the seriousness of the offense, the convicted person's personal and social circumstances, their potential for rehabilitation, and their explicit acknowledgment that non-compliance will result in the enforcement of the original penalty.
According to Article 3-35, alternative penalties are not applicable for misdemeanors related to offenses against state security, terrorism, embezzlement, bribery, abuse of power, misappropriation of public funds, money laundering, military crimes, international drug trafficking, trafficking of psychotropic substances, human organ trafficking, and sexual exploitation of minors or individuals with disabilities.
