Alternative penalties: Community service, electronic monitoring and disciplinary measures: What the law provides

HIBAPRESS-RABAT

Three types of alternative penalties are provided for, namely community service, electronic monitoring, and disciplinary measures or the restriction of certain rights.

Community service is only ordered for persons aged 15 or over at the time of the judgment. The work is provided free of charge (unpaid) for public institutions, local authorities, charitable institutions, places of worship and associations.

The duration is set from 40 to 1000 hours, depending on the case and the offence. The nature of the work that the convicted person will perform must be related to his profession or, at least, complementary to it. The Court takes this element into consideration in its decision.

The sentence of public works must be carried out within a period not exceeding one year. That said, the duration ordered by the court must be scrupulously respected. However, the duration may be extended only once and for a similar duration, and this, upon decision of the Judge of Enforcement of Sentences. The latter may extend it on the basis of a request from the convicted person or another person having an interest in this extension.

In the case of a minor, the judge must ensure that the convicted person is physically fit to perform community service and that this work is beneficial for his rehabilitation. If the convicted person causes damage while carrying out his work, it is the State’s responsibility to pay compensation for the damage caused.

As for electronic monitoring, the bracelet is used to monitor the movements of the person benefiting from the sentence adjustment. It is up to the court to decide the duration and area of ​​monitoring so that they are proportionate to the dangerousness of the offence.

In its decision, the court also takes into consideration the personal conditions of the convicted person and the safety of the victims so that there is no threat to their physical integrity.