The Attorney General at the Court of Cassation and the Head of the Public Prosecution has sent a circular to judicial officials in public prosecutions across various courts in the kingdom, highlighting the key updates brought by Law No. 03.23, which amends and supplements the Code of Criminal Procedure, particularly regarding the powers of the Public Prosecution at various stages of public prosecutions.
The circular aims to provide an initial reading of the new amendments affecting the work of the Public Prosecution, starting from the reception of complaints and the management of investigations, through the preliminary investigation phase and the trial process, all the way to the execution of judicial rulings. It emphasized that these updates will be further supported by detailed periodic circulars to ensure the unification of practices and the optimal implementation of legal provisions.
The circular clarified that the recent amendments are in harmony with the Moroccan constitution and the kingdom’s international commitments, especially concerning the protection of human rights, providing guarantees for fair trials, enhancing transparency, preventing impunity, and supporting the shift towards restorative justice.
The Attorney General called on Public Prosecution judges to ensure the implementation of the new provisions in the spirit of constitutional principles, particularly equality before the law, the presumption of innocence, and the protection of the rights of all parties involved, including victims, suspects, witnesses, and whistleblowers.
The circular outlines five main areas: updates prior to initiating public prosecutions, new powers related to initiating them, preliminary investigation procedures, specific rules for juveniles, and amendments related to appeal methods and the execution of repressive provisions.
In conclusion, the Public Prosecution Presidency urged judicial officials to discuss these amendments in their meetings and to keep each other informed about the measures taken to prepare for the implementation of Law 03.23, as well as any potential issues, reaffirming its readiness to support the implementation process through ongoing meetings and guidance.
