Criminal Law in Morocco

Moroccan criminal law rests on two foundational texts. The Penal Code, promulgated by the Dahir of November 26, 1962, and reformed several times since, defines offenses and sets applicable penalties. It distinguishes three categories of offenses by severity: petty offenses (contraventions), misdemeanors (délits), and felonies (crimes). Each category follows its own rules regarding limitation periods, jurisdiction, and procedure.

Petty offenses are the least serious infractions, punishable by fines or short prison sentences not exceeding one month. They fall under the jurisdiction of first-instance courts sitting as police courts. Misdemeanors, of intermediate gravity, are punishable by imprisonment ranging from two months to five years and/or fines exceeding 1,200 dirhams. They are tried by first-instance courts in their correctional division. Felonies, the most serious offenses, carry sentences from five years' imprisonment to life, and in certain cases prescribed by law, the death penalty. They fall under the jurisdiction of criminal chambers within the courts of appeal.

The Code of Criminal Procedure, thoroughly overhauled by Law 22-01 which came into force in October 2003, governs the conduct of criminal proceedings from the preliminary investigation through to the execution of sentences. This text significantly strengthened defense rights, notably by introducing the right to legal counsel from the earliest hours of police custody — a major advancement over the former code. It also more strictly regulated the powers of the judicial police and the public prosecutor's office.

Territorial jurisdiction of criminal courts is determined by the place where the offense was committed, the defendant's place of residence, or the place of arrest. Morocco also has specialized courts: military tribunals for offenses committed by military personnel, and chambers of the Court of Cassation for cases of particular sensitivity. Since the judicial reform, the courts of appeal play a central role in handling serious criminal cases.

Police custody (garde à vue) is often the starting point of criminal proceedings. Governed by Articles 66 and following of the Code of Criminal Procedure, it is limited to 48 hours, extendable once by 24 hours with authorization from the King's Prosecutor. In terrorism or state security cases, these periods may be extended further. During this time, the judicial police officer conducts investigations under the supervision of the public prosecutor. The detainee has the right to contact a lawyer, to be examined by a doctor, and to inform a relative of their situation.

The preliminary investigation (instruction préparatoire), conducted by the investigating judge, is mandatory for felonies and optional for misdemeanors. The investigating judge is an independent magistrate who gathers evidence both for and against the suspect. They may conduct interrogations, confrontations, searches, seizures, and order expert assessments. They also decide on pretrial detention or provisional release. The investigation concludes with either a committal order to the trial court or a dismissal order.

The trial takes place before the competent court according to the nature of the offense. Hearings are in principle public, unless the court orders proceedings in camera to protect public order or morality. The defendant benefits from the presumption of innocence and the right to mount a free defense. The lawyer presents arguments after the public prosecutor's submissions, and the court renders its judgment on the same day or at a later date set in advance.

Avenues of appeal are essential in the Moroccan criminal system. An appeal, brought before the court of appeal, allows a complete re-examination of the case on both facts and law. The appeal deadline is ten days from the delivery of the adversarial judgment. A cassation appeal, brought before the Court of Cassation in Rabat, concerns only questions of law: violation of statute, lack of jurisdiction, abuse of power, or inadequate reasoning. The cassation deadline is also ten days. These avenues of appeal ensure effective oversight of the quality of justice delivered.