On February 18, 2025, judges and prosecutors of the first instance criminal court in Morocco conducted a roundtable discussion about the best methods to enforce Law No. 43.22 on Alternative Penalties, which is scheduled to take effect August 2025. The main purpose of the law is to introduce alternative penalties to imprisonment.
During the workshop, the chief justice of the court called on criminal judges to implement alternative penalties under Law No. 43.22 as a means of easing the overcrowding in Morocco’s prisons. However, he emphasized that individuals convicted of state crimes, such as terrorism, are not eligible for these alternative penalties. The chief justice also clarified that the law would not apply to those convicted of certain offenses, including the sexual assault of minors, drug trafficking, and child sexual exploitation.
Content of Law No. 43.22
Law No. 43.22 on alternative penalties, issued in July 2024, amends the Moroccan Penal Code of 1962. The law introduces alternative penalties, including community service, electronic surveillance, and restrictions on certain rights, such as movement and travel. These alternatives will apply only to cases involving misdemeanors punishable by imprisonment for five years or less (Law No. 43.22, art. 35-1). The Law does not apply alternative penalties to the following crimes:
- Crimes related to state security and terrorism
- Embezzlement, perfidy, bribery, abuse of influence, or misappropriation of public funds
- Money laundering
- Military crimes
- International drug trafficking
- Trafficking in psychotropic substances
- Trafficking in human organs
- Sexual exploitation of minors or persons with disabilities (Art. 35-3.)
The law designates the Department of Prisons as the government authority responsible for the implementation of alternative penalties. (Art. 647-1.) If a convicted person fails to comply with the alternative penalty ordered by the first instance criminal court, the judge is required to impose a term of imprisonment instead. (Art. 647-7.)
Proposed Amendments to the Law
During the drafting of Law No. 43.22, some members of Morocco’s House of Representatives proposed provisions that would have banned alternative sentencing for violent crimes against women and for killing a newborn. However, those proposals were not included in the final version of the legislation.
Government’s Response to the Law
Government officials have expressed support for the law on alternative penalties. According to the minister of justice, Abdelatif Ouahbi, the law will help to alleviate the problem of overcrowding in Moroccan prisons. He also emphasized that it will foster the rehabilitation of prisoners, aiding their reintegration into society, while reducing the financial burden on government authorities that manage prison facilities.
George Sadek, Law Library of Congress
April 28, 2025
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