Wahbi Affirms: Alternative Sanctions Include Convicts Before the Law’s Implementation
As the implementation of the alternative sanctions law begins, several questions have arisen regarding the categories of beneficiaries, particularly concerning those convicted before the law came into effect.
The new law, which marks a significant milestone in the reform of the criminal justice system, has seen courts actively enforce its provisions by issuing sentences involving alternative penalties in recent cases. This has sparked widespread debate about whether this law could apply to those convicted under final rulings prior to its enactment.
In a media statement, Justice Minister Abdellatif Wahbi confirmed that the benefits of this law are not limited to new convicts but also extend to former convicts, provided that the stipulated legal conditions are met.
Wahbi elaborated that the legislator considered this situation and opened the door for former convicts to benefit from the provisions of this law. This is enabled by Article 22-647, which stipulates the possibility of submitting a request to replace imprisonment or the remainder of it with an alternative sanction.
This request must be filed before the court that issued the judgment, either by the convict themselves, their defense attorney, a legal representative if the individual is a minor, the prison director, or any concerned party. The court is required to adjudicate the request within a maximum period of 15 days from the date the file is presented for deliberation.
The minister added that “inmates who have served part of their prison sentences have the right to benefit from the new law; they can, as he put it, purchase the remaining days of their imprisonment, within the frameworks and conditions set by the legislative text.”
This law is anticipated to open new horizons for alleviating overcrowding in correctional institutions and achieving a form of restorative justice that focuses on rehabilitation and behavioral reform rather than solely punitive incarceration.
