Speech of the Attorney General of the King at the Court of Cassation, President of the Public Prosecutor’s Office on the theme: Alternative Sentences to Custodial Sentences and the Participatory Approach as the Key to an Optimal Application

Here is the speech of the Attorney General of the King at the Court of Cassation, President of the Public Prosecutor’s Office, delivered on his behalf by Mr. Ahmed Ouali Alami, Head of the Public Action and Follow-up Unit for the Implementation of Penal Policy, on the occasion of the regional conference organized in partnership between the Supreme Council of the Judiciary, the Presidency of the Public Prosecutor’s Office, and the General Delegation for Prison Administration and Reintegration, on the theme:

“Alternative Sentences to Custodial Sentences: The Participatory Approach, Key to the Optimal Application of Law No. 43.22 on Alternative Sentences.”

Full text of the speech

In the name of God, the Merciful, the Compassionate,

may prayers and peace be upon our Prophet Muhammad, the noblest of messengers, as well as upon his family and companions.

Mr. Secretary General of the Supreme Council of the Judiciary,

Mr. Representative of the General Delegate for Prison Administration and Reintegration,

Ladies and Gentlemen Judicial Officials,

Directors and Managers of Penitentiary Institutions,

Honorable Guests, each in your name, in your capacity, and with all the respect due to you.

It is with great honor and profound pride that I declare the opening of this regional conference organized in partnership between the Supreme Council of the Judiciary, the Presidency of the Public Prosecutor’s Office, and the General Delegation for Prison Administration and Reintegration, on the theme:

“Alternative Sentences to Custodial Sentences: The Participatory Approach, Key to the Optimal Application of Law No. 43.22 on Alternative Sentences.”

This meeting takes place in the context of the entry into force of the said law, in accordance with its Article 4, following the publication of its implementing decree No. 2.25.386 in the Official Bulletin of August 18, 2025.

I seize this opportunity to express my deep gratitude to all those who contributed to the preparation and organization of this conference, and I extend in particular my thanks to the Deputy President of the Supreme Council of the Judiciary for his constant support and his spirit of constructive cooperation with the initiatives of the Presidency of the Public Prosecutor’s Office. His decisive contribution to the development of competencies of actors in criminal justice strengthens the efficiency of our judicial system and serves the public interest.

I also extend my thanks to the Minister of Justice for the efforts made to modernize the legislative framework related to penal policy, notably through the adoption of Law No. 43.22 on alternative sentences and its implementing decree.

I finally pay tribute to the General Delegate for Prison Administration and Reintegration, whose fruitful cooperation with our services has enabled the judicial authorities to implement alternative sentences with professionalism and seriousness.

A New Conception of Punishment

Ladies and Gentlemen,

Law No. 43.22 marks a major evolution in the philosophy of punishment. It transforms the penal sanction from a mere instrument of repression or deterrence into a means of rehabilitation and reintegration, while preserving the rights of victims and the requirements of public security.

This law offers new options as replacements for custodial sentences, namely:

• Community service,
• Electronic monitoring,
• Restriction of certain rights or the imposition of control, treatment, or re-education measures,
• Daily fines.

The text also grants the Presidency of the Public Prosecutor’s Office a decisive role in the implementation of these sentences, from formulating requests in favor of an alternative sentence to monitoring their execution and supervising their application by the sentence enforcement judge.

In this sense, magistrates of the Public Prosecutor’s Office are called upon to apply the law with fairness, rigor, and professional awareness, in accordance with their constitutional duty to protect the rights and freedoms of citizens, as stipulated in Article 117 of the Constitution.

Mindful of ensuring the optimal implementation of the law, the Presidency of the Public Prosecutor’s Office issued Circular No. 18/2024 of December 11, 2024, detailing the roles of prosecutors and inviting them to full commitment for the success of this national project.

It also actively participated in inter-institutional coordination meetings and contributed to the work of the four thematic commissions created following the high-level meeting presided over by the Head of Government, in order to develop the law’s implementation plan.

Moreover, the Presidency prepared a practical guide for magistrates of the Public Prosecutor’s Office on the implementation of alternative sentences, published last August and available on its official website. This document constitutes a true roadmap to ensure a harmonious application of the new framework.

Towards Uniform and Effective Implementation

Ladies and Gentlemen,

The first weeks of implementation of the law have highlighted a disparity in the pace of applying alternative sentences across jurisdictions. This demonstrates that collective adherence to this national project still requires greater efforts in awareness and coordination.

Judicial decisions applying these new sanctions represent a clear indicator of the magistrates’ commitment to the renewal of national penal policy. Prosecutors are thus invited to formulate precise requests in favor of these sentences during hearings and to propose their substitution for imprisonment when the situation justifies it, in accordance with Article 647-22 of the Code of Criminal Procedure.

Today’s meeting constitutes a valuable opportunity to evaluate the first results since the entry into force of Law No. 43.22 and to identify avenues for improvement in a spirit of coordination, pragmatism, and public interest.

A Collective Project in the Service of Humanist Justice

It should be recalled that regular coordination meetings are held between the Presidency of the Public Prosecutor’s Office, the Supreme Council of the Judiciary, and the General Delegation for Prison Administration, in order to examine concrete cases of application of alternative sentences and to quickly resolve encountered difficulties.

In the same spirit, regional meetings must be multiplied to position Morocco among the pioneering countries in alternative sentences to custodial sanctions.

This regional conference therefore represents an opportunity for dialogue and exchange of experiences, in order to provide consensual answers to legal and practical questions arising since the law came into force. It illustrates the complementarity between the judicial system and the penitentiary system, two essential pillars of criminal justice reform while respecting the independence of the judiciary.

I call upon all magistrates of the Public Prosecutor’s Office to actively participate in these debates, interact with experts, and formulate concrete recommendations, based on procedural rationalization, good governance, and the promotion of a modern and humane justice system.

Conclusion

In conclusion, I renew my sincere thanks to all partner institutions and organizers of this scientific meeting. I hope that its work will be crowned with success and that it will contribute to strengthening the coherence and efficiency of our criminal justice system, under the enlightened wisdom of His Majesty King Mohammed VI, may God assist and preserve Him, granting long life to His Royal Highness Crown Prince Moulay El Hassan, as well as His Royal Highness Prince Moulay Rachid and the entire Royal Family.

May the peace and mercy of God be upon you.

Editorial team/le7tv (Press release)