Criminal Electronic Surveillance, Challenges and Opportunities in Moroccan Legislation: A Comparative Study

Abstract

Sanctions involving deprivation of liberty, especially short-term sentences, have shown negative repercussions in reinforcing criminal behavior, as evidenced by numerous field studies. This is particularly the case when dealing with certain offenses or categories of offenders where deprivation of liberty is not necessarily in the best interest of justice. Repeated criticism of such penalties has paved the way for the exploration of more effective punitive systems, taking advantage of technological advancements—one example being the adoption of electronic criminal monitoring.
This study aims to define the concept of electronic criminal monitoring and discuss its theoretical and practical applications using deductive and comparative methodologies. The findings highlight that this system achieves a significant balance between deterrence and rehabilitation, particularly in European legal frameworks. However, it notes that Moroccan legislation has limited its application to only two forms: first, as an alternative to custodial sentences not exceeding five years, and second, as a measure within judicial supervision. This contrasts with other legal systems that have expanded its scope to serve as both a primary punishment and a post-sentence security measure.
Accordingly, the study recommends that Moroccan lawmakers broaden the application of electronic criminal monitoring in line with available financial, human, and logistical resources. It also suggests extending its use to juvenile offenders under judicial supervision and strengthening the safeguards of the system to ensure its compliance with constitutional and legal principles.