The primary objective of this landmark legislation, passed with 18 votes in favor and eight abstentions, is to establish a comprehensive legal framework for alternative penalties. It does so by drawing upon fundamental principles of criminal law regarding sanctions and by outlining the procedural mechanisms and standards necessary for their successful implementation. These provisions will be integrated into the existing Code of Criminal Procedure.
The draft law has undergone numerous amendments proposed by various parliamentary groups and formations. These amendments have aimed at defining the concept of alternative penalties and specifying their methods of execution.
Among the notable modifications, one proposed by the majority groups introduces the concept of the “daily fine” as an alternative penalty. This fine will be accompanied by other penalty options such as community service, electronic monitoring, and certain restrictions or therapeutic and requalification measures.
The primary goal behind this addition is to address the pressing issue of prison overcrowding. The court will determine the amount of the daily fine by taking into account factors such as the financial situation of the convicted individual, the severity of the crime, and its consequences.
Furthermore, the Committee has approved an increase in the range of hours for “community service,” spanning from 40 to 3600 hours. These hours of community service will benefit various establishments, institutions, and organizations.
Another noteworthy amendment outlines that community service should, when applicable, align with the profession and occupation of the convicted person. It should also consider their qualifications and abilities or complement their regular professional activities. Importantly, this amendment sets a time limit of no more than six months after the judicial decision for the completion of community service.
In a parallel development, the Committee gave its approval to an amendment related to electronic monitoring, proposed by the socialist-opposition Ittihadie group.
This progressive legislation reflects the commitment of Moroccan authorities to address the evolving landscape of criminal penalties and prison management. The approved amendments not only provide more options for judges in sentencing but also strive to ensure penalties are tailored to individual circumstances. With a renewed focus on alternatives to incarceration, the new bill aims to strike a balance between justice, rehabilitation, and addressing the issue of overcrowded prisons.
Source: Agency Morocaine De Presse