For a long time, the Moroccan criminal response to an offence, even a minor one, almost always meant imprisonment or a fine. Law No. 43-22 on alternative sentences, which came into force in August 2025, opens another path: for certain offences, the court may now impose a sentence served outside a prison. At the firm, we see this text as a significant development, provided its scope and limits are precisely understood.
The principle: a sentence served outside prison
An alternative sentence is imposed instead of a prison sentence. It applies to misdemeanours (délits), the less serious offences, and not to felonies. The law limits it to offences for which the penalty incurred stays within a ceiling set by the law (five years' imprisonment).
It is not an exemption from punishment: the person is convicted, and the measure is monitored, in particular by the sentence enforcement judge. If the obligations are not met, the prison sentence originally set may be enforced.
The four forms of alternative sentence
- Community service: unpaid work for the benefit of the community, for a number of hours set by the court.
- Electronic monitoring: the convicted person remains free to move within a defined framework, supervised by means of an electronic device.
- Restriction of certain rights or the imposition of supervisory, therapeutic or rehabilitation measures: for example a ban on visiting certain places or contacting the victim, or an obligation to undergo treatment.
- The day-fine: an amount set for each day of imprisonment replaced, which the court determines taking into account, in particular, the convicted person's means.
What changes for the person prosecuted
For a defendant with no previous convictions, prosecuted for a misdemeanour within the scope of the law, the defence can now argue for a sentence suited to their situation: keeping their job, continuing to care for their family, avoiding the break that imprisonment represents.
That argument must be prepared: proof of employment, residence and family situation, steps taken to compensate the victim, information about the person. A request for an alternative sentence is built before the hearing, not at the moment of the prosecutor's closing submissions.
What changes for the victim
An alternative sentence does not deprive the victim of their rights. They can still join the proceedings as a civil party and claim compensation for their loss before the court.
Some measures can even protect them directly, such as a ban on the convicted person contacting them or approaching certain places. Compensation for the harm and the victim's situation are factors the judge takes into account.
The limits: excluded offences and reoffending
The law expressly excludes several categories of offence, whatever the penalty incurred. These include in particular offences against state security and terrorism, embezzlement of public funds, bribery and influence peddling, money laundering, international drug trafficking, trafficking in human organs, and the sexual exploitation of minors or persons with disabilities.
Alternative sentences are also not available to repeat offenders. Finally, they remain a matter for the court's discretion and not an automatic right: the judge assesses each case on its merits.
The firm's view
This law brings punishment closer to its rehabilitative purpose and gives the defence real room to make proposals. In return, it requires careful preparation of the file and a thorough knowledge of the exclusions.
Whether you are a defendant or a victim, Maître Malak Elimani advises you on how Law No. 43-22 applies to your situation and assists you before the criminal courts. This article provides general information and is not a substitute for legal advice.
Reference texts
Further reading
The information on this website is general and does not replace legal advice. Every situation requires an analysis of its own facts and documents.