Khaberni - Over the past 8 years, the modern Jordanian criminal policy has spared 14,136 convicts of various crimes, for the first time, from imprisonment, deprived them of their liberty, and provided them with alternative sentences that contributed to altering their behavior and giving them another chance in life due to a mistake they made.
According to figures from the Ministry of Justice, 11,181 files were submitted to the ministry out of a total of 14,136 rulings on alternative penalties issued by the competent judicial authorities, and the ministry was able to implement 9,740 of them, leaving 1,441 files still in process.
Jordan began the journey of implementing alternative penalties in 2018, where 7 rulings were issued; in 2019, there were 124 rulings; in 2020, there were 286 rulings; in 2021, the number reached 302; in 2022, there were 4193 rulings; in 2023, there were 3921 rulings; and in 2024, there were 2392 rulings.
During the first ten months of this year, the courts issued 2911 rulings, 2318 of which were submitted to the Ministry of Justice, where 1875 rulings were implemented and concluded.
The stories of individuals vary in alternative sanctions, including the case where the Amman Misdemeanor Conciliation Court decided an alternative penalty instead of imprisonment for a university student, which was to recite and memorize passages from the Quran, after it was proven that he assaulted and threatened another person, and the personal right was dropped.
The young man, a university student and sole provider for his family, fell victim to his reckless behavior when he assaulted another person, threatened, and harmed him, but the victim dropped his personal right, and with it, the public right fell; thus, the court decided to give the young man a chance to reform himself with an alternative punishment, by sending him to the Ministry of Awqaf and Islamic Affairs, to recite and memorize passages from the Quran.
Addressing overcrowding in correctional centers
Minister of Justice Dr. Bassam Talhouni stated that since the implementation of alternatives to imprisonment began, a number of people sentenced have been given a new opportunity to reform themselves and escape from imprisonment, considering to not repeat or commit crimes, as alternatives to imprisonment aim to avoid the negative impacts of imprisonment by giving those convicted of minor crimes a chance to remain within societal fabric.
He affirmed that the new and advanced Jordanian criminal policy has contributed to addressing overcrowding in correctional and rehabilitation centers, easing the financial burden on the state treasury, preventing mixing non-recidivist convicts with dangerous ones, and the spread of infections and criminal behavior, a step that proved effective after these years and expanding these alternatives according to justice requirements is very important.
All this stems from the Royal vision, specifically in the sixth discussion paper by His Majesty King Abdullah II, titled "Rule of law is the basis of the civil state," based on which community reform alternatives were introduced into the recent amendments to the penal code in 2017, where article "25 repeat" was added, which stipulates community reform alternatives, and article "54 repeat second," which stipulates the conditions for its application.
He mentioned that according to legislative amendments to the penal code for the year 2025, the court is granted authority in all misdemeanors and in felonies that do not exceed a sentence of temporary labor or temporary detention for three years except in the case of recidivism and based on a social status report and taking into account the circumstances of each case separately, that the sentence imposed, even if the ruling is final, can be replaced with one or more alternatives to imprisonment.
He pointed out that sometimes breaking the law is due to a fit of anger or behavioral disturbance, leading to the introduction of alternatives to correct and align the behavior of the convicted according to the judicial sentence.
He explained that alternatives to imprisonment have major benefits for society and the convicted, as the convicted will not be cut off from his livelihood, which would pose a burden on his family and children, and in order to implement the alternatives, the ministry signed memorandums of understanding with several ministries and official institutions, with attention to social gender and people with disabilities, providing alternatives that suit their categories and specific needs.
Alternative sanctions to imprisonment have become an important part of the modern criminal justice system and have been included in numerous United Nations memorandums and most international and regional legislations due to their significant positive impact on society, the individual, and the state.
He explained that the application of alternative penalties has had an impact on many families and beneficiaries thereof, and many of them have begun implementing the alternatives in various forms, with implementation being monitored according to a clear, solid, and transparent mechanism through designated liaison officers for this purpose in the courts; to enable them to supervise and follow up the implementation of these alternatives in coordination with the Directorate of Community Sanctions at the ministry.
The penal code and its amendments specify the types of alternatives to imprisonment, which are community service, rehabilitation programs, subjecting the convicted to a treatment program for addiction with his consent, electronic monitoring, prohibiting the convicted from frequenting certain places or geographical areas, and requiring the convicted to stay at his home or in the specified geographical area partially or fully for the duration specified by the court, to be paired with electronic monitoring.
The amended law for the year 2025 defines powers for the sentencing judge, who carries out the alternatives to the imposed penalties and has the authority to take measures deemed appropriate to verify compliance of the convicted with the imposed alternatives, in addition to powers to replace any of the imposed alternatives with other alternatives specified in the law or to decrease or increase the duration of the alternative imposed within the limits of the duration prescribed for the same alternative based on a social status report and periodic follow-up reports of the convicted, and, if the convicted fails to implement the alternatives or falls short in their implementation for a reason beyond his control or presents an acceptable excuse, the sentencing judge has the authority to refer the case file back to the court that issued the ruling to consider cancelling the alternative penalty of imprisonment and enforcing the imposed sentence.
The Ministry of Justice, through the Directorate of Community Sanctions, has the authority to oversee and supervise the implementation of these alternatives, coordinating with the accredited and concerned entities, and submitting regular follow-up reports on the extent of compliance of the convicted with implementing the alternative punishment to the competent judge, coordinating with the accredited entities in suggesting and determining rehabilitation programs and works for public benefit, and regularly updating the lists of accredited entities for implementing these alternatives.
Talhouni stated that the role played by the liaison officer in applying and implementing these alternatives involves preparing a social status report according to a specified model and being provided with the case file, which involves preparing a report containing a study of the convicted’s case and recommending one or more alternatives to be raised to the court, which then makes a decision deemed appropriate according to the provisions of the law, and subsequently, the implementation procedures are completed.
