Alternative sanctions and environmental protection in the light of the preliminary draft of the Moroccan penal code

Today the context is marked by the expansion of technical offenses abounding criminal law, breaches of criminal rule and the difficulties of implementing criminal sanctions that disproportionately affect the environment, perceived as risk-taking severe, call for new corrective responses. Modern penal policy has invented a set of alternatives that resemble two main branches: The social alternatives inspired the work of Marc Ancel and his theory called modern social defense, and economic alternatives to apply to corporations that threaten over the environment. That is why the draft bill on criminal law and criminal procedure in Morocco has scheduled these penalties in the first section titled alternative sanctions in articles 35-1 to 35-15 and understood that these sentences be truly new tools available to the judge and not mere substitutes for imprisonment. These penalties may be imposed as punishment for both offenses imprisonment for those punished with fines. It is indeed new penalties, in itself, can be pronounced as principal. Alternative sanctions offer varied and original sanctions which are likely to be, in most cases, appropriate responses to the fight against environmental crime. It is therefore necessary to consider the place that the preliminary draft of the penal code their reserve, the ability to apply them to environmental crime and the conditions of their execution, taking into account geographical, physical and human local specificities.