Adultery Conviction Sparks Debate on Moroccan Justice Reform

Mitigating circumstances for a man found guilty and sentenced to two months in prison for adultery during a public hearing last week. The court of first instance of Boujdour decided to substitute the custodial sentence with an alternative sanction, namely 180 hours of community service. The convicted person will also have to pay the court costs, accompanied by a minimum of imprisonment.

In Morocco, adultery is a prohibited offense and punishable by a prison sentence of one to two years in accordance with Articles 490 to 493 of the Penal Code. Article 491 stipulates that adultery can only be prosecuted if the spouse of one of the parties files a complaint. The complaint can only be filed by the offended spouse, and it can be withdrawn at any time, which results in the termination of the prosecution. Sentences can be accompanied by fines and, since the reform of criminal procedure, alternative sentences such as community service or rehabilitation programs.