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Magazine guest
with the Moroccan Public Prosecution, organized a scientific
symposium on «Alternative Punishments to Freedom-
Depriving Punishments» in the Moroccan capital, Rabat, in
the year 2022. The symposium successfully convened legal
specialists and experts from various Arab countries, and
yielded a comprehensive set of recommendations specifically
tailored to align with the legal frameworks prevalent in Arab
nations. How have these recommendations been utilized in
Morocco and other Arab countries?
We had the great honor of participating, alongside a panel of
legal officials, professionals, and experts, in this important
symposium organized by NAUSS in partnership with the
Moroccan Public Prosecution from June 28th to 30th, 2022.
The symposium came under the theme «The Fourth Scientific
Symposium: Alternative Punishments to Freedom-Depriving
Punishments». The symposium provided valuable insights
into best practices in the realm of alternative punishments,
with a particular focus on mitigating instances of pretrial
detention among both adult and juvenile populations.
Moreover, it aimed to bolster the overall performance of the
national criminal justice system.
The symposium concluded with a set of important
recommendations that have been taken into account in our
legislative approach in the field of criminal policy. Various
factors and considerations were considered during the
preparation of the draft law on alternative punishments,
exemplified by the Royal Directives, especially those included
in the speech of His Majesty King Mohammed VI on August
20th, 2009, on the occasion of the 56th anniversary of the
Revolution of the King and the People, the recommendations
of the Equity and Reconciliation Commission, the outcomes
of the national dialogue on justice system reform and the
Meknes Forum on organized criminal policy in 2004, as
well as proposals from relevant institutions and bodies, and
international standards related to the promotion of rights
and freedoms and modern criminal justice trends. This draft
law was referred to the Government Council, which approved
it in its meeting on June 8th, 2023.
The primary objective of this draft law is to establish an
all-encompassing legal framework for the implementation
of alternative punishments. This framework will be rooted
in the fundamental principles of criminal law pertaining
to punishment, while simultaneously focusing on the
development of procedural mechanisms and stringent
controls within the Code of Criminal Procedure relating
to the tracking and implementation of alternative
punishments. In addition, it seeks to provide solutions for
minor offenses by adopting a rehabilitative and integrative
approach that veers away from traditional imprisonment
practices, while emphasizing the values of citizenship,
14
Naif Arab University
for Security Sciences,
in partnership with the
Moroccan Public Prosecution,
organized the Fourth Scientific
Symposium on «Alternative
Punishments to Freedom-
Depriving Punishments». The
symposium yielded a set of
recommendations that have
been taken into consideration
in our legislative enactments in
the field of penal policy in the
Kingdom of Morocco.
duty, and commitment, mainly through community service
as a means of alternative punishment. Moreover, it aims to
contribute to reducing overcrowding in prison institutions,
which housed a total of 98,673 inmates as of June 2023,
considering that half of the prison population is sentenced
to short-term punishments not exceeding three years. This
situation has an impact on many programs and services
provided by the prison administration.
In general, the content of this draft law can be summarized
as follows:
Establishment of alternative punishments specified
for the public interest, electronic monitoring, and the
imposition of rehabilitative or therapeutic measures, such
as undergoing psychological treatment or treatment of
alcoholism, drug treatment, and treatment of addiction
to psychoactive substance, as well as other restrictive
measures such as not approaching the victim and being
subject to supervision by the police, royal gendarmerie,
and undergoing training or education, among others.
Additionally, within the framework of restorative justice, a
punishment for repairing the damages resulting from the
crime has been added.
Expanding the scope of benefit from alternative
punishments to include misdemeanors that carry a
punishment of no more than five years of imprisonment,
with exceptions for certain serious offenses such as