The Public Prosecution Office emphasizes the legal controls for managing search warrants to ensure individual freedoms
The Public Prosecution Office has confirmed that the management of search warrants is an exceptional legal procedure that impacts individual freedoms. It has called on all judicial and security entities to strictly adhere to the legal and administrative norms governing this process.
In this context, Mr. Hicham Belhawi, the Attorney General at the Court of Cassation and head of the Public Prosecution Office, issued a circular to the public prosecutors reiterating the necessity of not publishing a search warrant unless absolutely necessary, while also working to update and cancel outdated warrants.
The Office clarified that search warrants are used to apprehend individuals wanted by justice, whether in cases of their escape, suspicion of committing criminal acts, in execution of arrest orders, or for detaining individuals required to serve a custodial sentence or those sentenced to imprisonment by enforceable judicial rulings. The warrants are disseminated nationwide and remain valid until the desired individual is apprehended, inherently constraining personal liberties and affecting individuals’ personal and professional lives. Therefore, their activation should be exceptional and limited to essential cases with credible reasons.
The Office highlighted the efforts of judicial and security services, which resulted in the cancellation of a significant number of warrants between 2021 and 2023, totaling 153,461 warrants, including 42,234 related to custodial sentences due to the expiration of fines or failure to meet legal conditions, in accordance with directives from several previous circulars.
The Office also stressed the importance of adhering to a set of rules outlined in the “Practical Guide for Improving Criminal Investigations,” including ensuring sufficient evidence before issuing a warrant, regularly updating lists of wanted individuals, and automatically cancelling the warrant once the individual presents themselves before the prosecution or the case is referred to the judiciary.
The Office called for the continued implementation of these directives, with warrants being issued only when legal reasons are present, allowing for oral issuance in urgent cases, and reviewing warrants automatically to ensure continued justification, while cancelling outdated or archived warrants referred to the judiciary.
It further emphasized the need for coordination with the judicial police to update and limit warrants due for cancellation and to implement the contents of the practical guide as per circular No. 03 Rn A/S/Q 2025/1 dated May 5, 2025.
The circular concluded with a strong reminder that adherence to these instructions is a top priority to ensure respect for the individual freedoms guaranteed by the constitution, urging all entities to ensure serious and decisive implementation, with updates on the situation in courts to be reported to the Office before the end of October 2025.
