Rabat – With the entry into force of the Alternative Sentences Law in Moroccan courts on August 22, 2025, courts began issuing rulings converting prison sentences in misdemeanor cases into alternative penalties. This step aims to reduce prison overcrowding and promote restorative justice.

The law was enacted a year after the House of Representatives approved it on June 24 of the previous year and was published in the official gazette on August 22. However, its actual implementation was delayed until the issuance of complementary decrees and executive orders.

The law defines alternative sentences as “those imposed instead of custodial sentences for misdemeanors where the sentence does not exceed five years of effective imprisonment.”

However, the law excludes convicts in cases related to: state security, terrorism, embezzlement, treason, bribery, abuse of power, misappropriation of public funds, money laundering, military crimes, international trafficking in drugs, psychotropic substances and human organs, as well as sexual exploitation of minors or persons with disabilities.

Before implementation, the Supreme Council of the Judicial Authority issued a circular addressed to court presidents aiming to unify standards and procedures, focusing on practical aspects to be considered during the initial phase.

The circular emphasized the need to appoint a judge specialized in alternative sentences in each court to coordinate with other stakeholders, especially prison administrations. Judicial officials were also urged to report any practical difficulties to the council for study and resolution.

Nawfal Al-Baamri, President of the Moroccan Organization for Human Rights and a lawyer at the Tetouan Bar, told Al Jazeera Net that the Alternative Sentences Law is one of the most important laws ratified by parliament. He explained that the penalties include electronic bracelets, community service for the public interest, and daily fines instead of prison days.

He added that the law’s issuance alongside guiding memoranda for judges signaled the judiciary’s readiness for rapid implementation, which was reflected in citizens’ satisfaction who noticed a shift in the nature of penalties while preserving freedom as the principle.

For his part, Mustafa Al-Nawi, a lawyer at the Casablanca Bar, told Al Jazeera Net that the alternative penalties system, which he prefers to call “alternatives to punishment and detention,” represents an important step in the criminal justice path in the kingdom, despite its delay compared to comprehensive reform of the criminal law. Al-Nawi viewed the law as reflecting the elevation of freedom and dignity.

Abdelilah Al-Khodari, President of the Moroccan Center for Human Rights, told Al Jazeera Net that the law represents a milestone in criminal justice reform, noting that its successful implementation depends on the ability of various actors to overcome real and objective challenges.

During the first week of implementation, Moroccan courts issued rulings converting prison sentences to alternative penalties in 44 cases involving 45 defendants. Data obtained by Al Jazeera Net showed that Tangier Court led with 17 cases, followed by Marrakech Court with 10, Taza with 4, Tetouan with 3, Souk Sebt and Ouled Nemma with 2 cases each, while courts in Agadir, Tinghir, Chefchaouen, Ouezzane, Beni Mellal, Fquih Ben Salah, Laayoune, and Dakhla each recorded one case.

Regarding the types of alternative penalties issued during this period, they were distributed as follows:

The cases applying alternative penalties included: breach of trust, forgery, violence against parents, assault with a weapon, drug use, public intoxication, violence against women, possession of weapons, fraud, and insulting a government official. Courts informed convicts that any failure to fulfill obligations would lead to enforcement of the original prison sentence.

Mustafa Al-Nawi stressed that proper application of the law depends on judges, especially trial judges and enforcement judges, with the availability of necessary resources and means. He also emphasized the role of lawyers and civil society organizations in raising awareness, organizing training programs, monitoring judicial work, and providing analytical reports on alternative penalties.

Nawfal Al-Baamri pointed out that early evaluation cannot be comprehensive, stressing that practical experience will reveal legal, cultural, and objective issues, including how parties to disputes deal with alternative penalties, ensuring their material and moral rights, and maintaining balance among parties before the judiciary to enhance judicial security and fairness.

Abdelilah Al-Khodari also highlighted logistical and human challenges, such as the need to provide electronic monitoring centers, qualified staff to supervise public services, and judges capable of efficiently following up on enforcement.

He confirmed that the success of alternative penalties depends on programs for rehabilitation, training, and professional and social integration of convicts, achieving a balance between deterrence and community protection on one hand, and reform and reintegration on the other.