In force since 22 August 2025, Law 43.22 allows criminal judges, in certain cases, to replace imprisonment with another penalty: community service, a day fine, restrictions of rights or electronic monitoring. Eleven months on, the first published figures show a system taking root, with its strengths and limits. For anyone facing prosecution and for their lawyer, understanding how these penalties work is now part of preparing the defence.
The first figures
Between 22 August 2025 and 23 July 2026, 2,998 enforcement decisions for alternative sentences were sent to the DGAPR (the prison and reintegration administration). Two penalties clearly dominate. An earlier figure released by the Ministry of Justice reported 2,605 alternative sentences handed down as of 14 April 2026. Within a few months, the system has found its place in the courts.
- Community service: 1,278 decisions.
- Day fine: 1,270 decisions.
- Restriction of rights, or supervision, rehabilitation or treatment measures: 423 decisions.
- Electronic monitoring: 27 decisions.
Community service, from decision to placement
Community service means unpaid work for a public administration or body. Of the 1,278 decisions, 1,156 convicted persons were actually placed: 474 with the Interior Ministry, 331 with the Justice Ministry, 87 with the prison administration, 68 with Entraide nationale (the national welfare agency) and 61 with the Health Ministry, among others. The gap between decisions and placements is explained by refusals, by convicts already detained in other cases and by scheduling constraints. In practice, the person's consent and real availability determine whether this penalty works.
Day fines and restrictions of rights
The day fine replaces detention with a sum set for each day of imprisonment imposed. It is almost as common as community service, which suggests judges see it as a suitable response in many cases. Restrictions of rights and supervision, rehabilitation or treatment measures impose obligations or prohibitions on the convicted person, or follow-up suited to their situation. They remain less used, with 423 decisions over the period.
Electronic monitoring, also before trial
With 27 decisions, the electronic tag remains marginal as an alternative sentence. It also exists, however, as a judicial supervision measure before any judgment, under Article 161 of the new Code of Criminal Procedure (Law 03.23, in force since 8 December 2025). As of 23 July 2026, 8 people were under this regime. No breach had been recorded, and monitoring relies on a national platform operating 24 hours a day, 7 days a week. For the defence, this is a concrete argument against a request for pre-trial detention.
Exclusions to know, and a defence to prepare
Not every offence qualifies for an alternative sentence. Cheque offences, for example, are excluded, since Law 71.24 on cheques has its own mechanisms for ending prosecution upon payment. Our advice: where an alternative sentence is possible, gather early the evidence that makes it credible, such as proof of address, employment or family situation, and availability for community service. The judge decides on a concrete file, and a serious plan carries more weight than a simple plea for leniency.
Sources
- Médias24, 12 August 2026: « Peines alternatives : 3.000 décisions d'exécution en onze mois »
- L'Opinion, 14 July 2026: figures on alternative sentences handed down as of 14 April 2026
- Médias24, 3 February 2026: « Nouvelle loi sur le chèque : dépénalisation en famille, délais et fin de la prison automatique »
- Le Matin, La Vie éco, Lebrief, 8 December 2025: entry into force of Law 03.23 on criminal procedure
Maître Mouad Lahfaia
Lawyer at the Rabat Bar
This article reflects the author's views as at the date of publication. It does not constitute legal advice and is no substitute for an analysis of your particular situation.