Filing a Complaint in Morocco in 2026: Procedure, Rights and Time Limits

Filing a complaint in Morocco in 2026 requires applying the Code of Criminal Procedure established by Law No. 22-01, promulgated by Dahir No. 1-02-255 of 3 October 2002, as subsequently amended, particularly by the reform introduced by Law No. 03-23. In practice, the consolidated version in force on the date of the act must be consulted. An older reproduction of the Code may contain time limits, rules of jurisdiction or article numbers that are no longer current.

Articles 2 et seq. of the Code of Criminal Procedure distinguish public prosecution from civil action. The Public Prosecution Service brings public proceedings to establish the offence and punish the offender. The victim brings a civil action to obtain compensation for material, bodily or moral harm. The victim must prove personal harm directly connected to the acts. Mere indignation, without personal harm, is normally insufficient to obtain civil-party status.

Filing a complaint does not automatically confer party status in the proceedings. Until the victim applies to join the proceedings as a civil party, they remain primarily the person who reported the acts and may be heard as a complainant or witness. The public prosecution office retains the power to determine how the case proceeds: investigation, prosecution, referral to an investigating judge or closure without further action. A civil-party application allows more active involvement, but it is subject to jurisdictional and admissibility requirements.

The competent court depends first on the legal classification. Misdemeanours generally fall within the jurisdiction of the Court of First Instance, while felonies are tried by the criminal chamber of the Court of Appeal. The judicial investigation may be conducted by an investigating judge at the Court of First Instance or the Court of Appeal, depending on the nature of the case. Caution: calling misappropriation “theft” or fraud “breach of trust” may misdirect the entire case.

The first option is to attend the competent police station or gendarmerie brigade. The judicial police duties defined by the Code of Criminal Procedure include recording offences, gathering evidence and identifying offenders. Bring your National Identity Card (CIN) or passport, a chronology and organised copies. Do not leave a telephone or original document without obtaining a receipt or a precise record of its delivery.

During the interview, answer factually and reread the police report before signing it. Have any dates, amounts, names or wording that misrepresent your statement corrected. If you do not understand the language used, state this immediately and ask about available assistance or interpretation arrangements. The articles concerning judicial police reports impose specific required information and formalities; however, Article 80 should not be presented as a general, standalone obligation to register every complaint.

Request a usable reference: police report number, receipt, filing date and recipient department. Issuance practices vary between departments, so it should not be asserted that a particular national form is always provided. If no proof of filing is issued, note the department's identity and simultaneously send a registered letter to the King's Public Prosecutor. Keep the envelope, acknowledgement of receipt and a complete copy of the file sent.

In the event of a refusal or continuing difficulty, do not cause an incident at the counter. Refer the matter to the public prosecution office through a written complaint describing the acts and the attempted filing, then request a reference number from the filing office. A lawyer may also file the letter and follow it up. Internal hierarchical appeals within the General Directorate of National Security (DGSN) or the gendarmerie may supplement this process, but they do not replace referral to the competent judicial authority.

Article 88 of the Code of Criminal Procedure allows a person claiming to have been harmed by a felony or misdemeanour to file a complaint and apply to join the proceedings as a civil party before the competent investigating judge. This referral triggers judicial review that the public prosecution office does not control in the same way as an ordinary complaint. It does not, however, guarantee either the committal of the suspect for trial or even the commencement of extensive investigative measures: the judge verifies jurisdiction, standing, limitation periods and the other admissibility requirements.

For a misdemeanour falling within the jurisdiction of the Court of First Instance, the application is filed with the registry of the competent investigating judge's chambers. For a felony, the jurisdiction of the investigating judge at the Court of Appeal must be verified. The complaint sets out the acts, their proposed legal classification, the harm and the investigative measures requested. A lawyer is not useful merely for formal compliance: the lawyer verifies that a contractual dispute genuinely includes a criminal element and that the correct court is being seised.

The deposit is governed by Article 95 of the Code of Criminal Procedure, not Article 94. The judge sets the amount presumed necessary to cover procedural costs and the payment deadline, unless legal aid has been granted. There is no published national scale allowing the same amount to be promised in every case: amounts observed at court registries generally range from a few hundred to several thousand dirhams, depending on the case. The exact amount must be verified with the registry in 2026.

Failure to pay within the specified period may render the civil-party application inadmissible. Therefore, keep the order and the court cashier's receipt. After the final decision and settlement of costs, a refund of the unused balance of the deposit may be requested from the registry. In the event of a conviction, the decision may order the convicted person to pay costs; this does not mean that the convicted person automatically reimburses the deposit directly to the victim. The refund and costs must be checked in the judgment.

Unless a special rule applies, Article 5 of the CPP establishes a limitation period of fifteen full years for felonies, four years for misdemeanors and one year for petty offenses. The former periods of five years for misdemeanors and two years for petty offenses do not correspond to the consolidated text resulting from previous reforms. The precise legal classification is therefore decisive. The same assault may be a misdemeanor or a felony depending on the circumstances, the outcome and the provisions of the Criminal Code.

The period normally begins on the day the offense is committed. For an instantaneous offense, the continuation of the harm does not postpone the starting point. Fraud is generally complete when the property is handed over as a result of fraudulent practices; however, multiple payments may raise an issue as to whether the acts form a single offense. For a continuing offense, the period runs from the end of the unlawful situation. Repeated acts of violence often constitute separate acts rather than a single continuing offense.

Article 6 of the CPP provides for interruption by investigative, judicial investigation, prosecution or adjudication measures that meet the statutory conditions. A complaint merely submitted by a private individual should therefore not be presented as systematically interrupting the limitation period. The measure carried out or ordered by the judicial authority must be identified: an official investigation report, requisition, interview, judicial investigation measure or prosecution. Following interruption, a new period begins under the rules of Article 6, subject to special legislation.

For minor victims, the relevant rule is contained in the final paragraph of Article 5 of the CPP, in its consolidated wording, and not in Law No. 14-05. The latter concerns the care of abandoned children and is not the general legal basis for criminal limitation periods. Deferral until the age of majority applies in the situations and to the perpetrators covered by the text; the date of birth, the perpetrator’s status and the legal classification must therefore be verified before making any calculation.

The most common error is to turn a civil dispute into a criminal complaint. A debtor who fails to pay is not automatically a fraudster, and a partner who terminates a contract has not necessarily committed a breach of trust. The Public Prosecutor’s Office looks for the precise constituent elements of the offense: fraudulent practices, delivery of property, misappropriation, intent or violence, depending on the case. A criminal complaint used solely as a means of pressure may backfire against the complainant.

The second error is to calculate the limitation period from the discovery of the harm without checking the nature of the offense. In fraud cases, the date on which the funds were handed over is often central. For a continuing offense, it is necessary to establish when the unlawful situation ended. Nor should you assume that filing a complaint alone interrupts the period: identify the first official investigative, judicial investigation, prosecution or adjudication measure that complies with Article 6 of the CPP.

The third error concerns digital evidence. Cropped screenshots without a number, date or complete conversation are easily challenged. Keep the phone, export the communications, identify the accounts and avoid modifying any files. For transfers or electronic payments, promptly request statements from the bank, as some technical data are retained only for a limited period. An expert assessment may be necessary when the authenticity or authorship of the message is disputed.

A criminal lawyer checks the legal classification, jurisdiction and time limits before drafting the complaint. The lawyer may organise the documents, refer the matter to the Public Prosecutor’s Office, prepare an application to join the proceedings as a civil party, monitor notifications and quantify the harm. The lawyer’s involvement guarantees neither prosecution nor conviction, but it reduces procedural errors. It is particularly useful for a felony, complex fraud, a minor victim, a cross-border case or a matter approaching the limitation deadline.