House of Representatives Adopts by Majority of Votes Two Government Bills on Alternative Sentences and Penitentiaries

The House of Representatives adopted, on Tuesday, October 24, 2023, by a majority of votes Government Bill 43.22 on alternative sentences during a legislative sitting chaired by the Speaker of the House of Representatives, Hon. Rachid Talbi El Alami, in the presence of Mr. Abdellatif Ouahbi, Minister of Justice. In a second legislative sitting on the same day, the House also adopted by a majority of votes Government Bill 10.23 on the organization and management of penitentiaries, under the chairmanship of the Speaker of the House of Representatives, Hon. Rachid Talbi El Alami, in the presence of Mr. Abdellatif Ouahbi, Minister of Justice, and Mr. Mustapha Baïtas, Minister Delegate to the Head of Government in charge of Relations with Parliament and Government Spokesperson.

Government Bill 43.22 on alternative sentences is part of the drive to reform the justice system and is based on several principles, such as modernizing the national legal system by establishing an effective penal policy aimed at resolving the problems posed by the criminal justice system, particularly short custodial sentences.

This Bill aims to put in place a comprehensive legal framework for alternative sentences, either based on the fundamental principles of the Criminal Code relating to sanctions or by establishing mechanisms and procedural standards at the Code of Criminal Procedure level for the monitoring and enforcing of alternative sentences.

The main provisions of the Bill include the introduction of alternative sentences such as community service, electronic surveillance, the imposition of rehabilitation or medical treatment measures, such as psychiatric care or treatment for alcohol and drug dependence, as well as restrictive measures, such as the prohibition on approaching the victim under police and gendarmerie supervision.

The text also extends the scope of alternative sentences to include offenses punishable by a prison sentence of up to five years, except for crimes of financial corruption, crimes against State security, terrorism, military crimes, international drug trafficking, and sexual exploitation of minors or people with disabilities.

This Bill will help to remedy the shortcomings of the current penal policy, particularly in light of the indices and data recorded for the prison population in Morocco.

On the other hand, Government Bill 10.23 on the organization and management of penitentiaries falls in line with the profound changes and reforms underway in the Kingdom, reinforcing our country's democratic choice.

The main provisions of this text are aimed at reinforcing rights within penitentiaries and promoting the rehabilitation and reintegration of prisoners, with an emphasis on preserving the safety of prisoners, individuals, buildings, and prison infrastructures, as well as contributing to the preservation of public safety and guaranteeing the rights of prisoners, their safety and the improvement of their living conditions in compliance with the law.

The provisions of this legislative text reflect the emphasis placed on humanizing living conditions in prison as a space for social rehabilitation for people deprived of their liberty and their reintegration into society by relying on their own will while respecting the law.

The Bill also stresses the need to respect the rights of prisoners, guaranteeing them the right to consult a lawyer of their choice, the right to visits, the right to send and receive mail, the right to medical care, leisure activities, and providing every facility for the pursuit of education and vocational training, the right of those engaged in a productive activity to fair remuneration, and the right to defense.

In addition, this Bill includes provisions for exceptional leave to preserve family ties and prepare for their integration into society, as well as a strict and absolute ban on mixing women, men, and minors during detention.

Lastly, this legislative text will help redress the shortcomings of the current law, particularly with regard to the security and rehabilitation aspects of the role played by prison institutions.