Morocco: the end of prison for certain crimes

In Morocco, the introduction of alternative sentences instead of pretrial detention is now a reality. Published in the latest Official Journal (No. 7328), dated August 22, 2024, Law No. 43.22 on alternative sentences has officially come into force.

Law No. 43.22 on alternative penalties not only excludes serious crimes and repeat offenders, but also provides for measures to repair the damage caused by the crime. The text defines alternative penalties as “penalties imposed in place of custodial sentences for crimes whose penalty does not exceed five years of imprisonment.” Alternative penalties are defined as community service, electronic monitoring, restriction of certain rights or the imposition of surveillance, treatment or rehabilitation measures, as well as a daily fine, specifies Article 2-35 of the law. According to Article 14-35, the court may also impose a daily fine in place of imprisonment, setting an amount for each day of imprisonment imposed. This daily fine may also be applied to minors with the agreement of their legal representative. The daily fine may only be imposed after proof of reconciliation or renunciation by the victim or his relatives, or if the convicted person has repaired the damage caused by the crime. Article 35-15 sets the amount of the daily fine at between 100 and 2,000 dirhams per day of imprisonment imposed.