The new Criminal Procedure Code enhances the powers of the Public Prosecution and expands guarantees for a fair trial.
The law No. 03.23 concerning the amendment and completion of the Criminal Procedure Code has come into effect, bringing a package of changes that reorganize the competencies of the Public Prosecution and its management of various stages of criminal proceedings. This reform aims to strengthen guarantees for a fair trial and align national legislation with the constitution and Morocco’s international obligations.
The new text emphasizes the need for prosecution judges to adhere to the principles of equality before the law, respect the presumption of innocence, and guarantee the rights of defense, while ensuring the protection of the rights of victims and litigants, in accordance with the general directives of the Public Prosecution.
Among the notable changes is the expansion of the jurisdictional criteria to include the location of the correctional facility where the suspect is held, in addition to the crime scene, residence, or detention location, as well as an expanded list of groups subject to exceptional jurisdiction.
The law requires the Public Prosecution to conduct preliminary investigations into anonymous tip-offs before opening any judicial inquiries, as well as implementing a special procedure for public fund crimes based on referrals from oversight bodies, while excluding cases of flagrant offense. The scope of notification has also been broadened to include all decisions made, with a 15-day deadline for informing complainants and their lawyers.
Additionally, the law grants citizens the right to appeal archived decisions to the public prosecutors, necessitating the justification of these decisions and the preparation of detailed reports concerning them.
Regarding investigations, the law empowers the Public Prosecution to impose judicial supervision during the investigation phase and establishes clear rules for publishing and canceling investigation alerts, while expanding the scope of the recovery of seized items to include tools and means of transport.
The financial investigation process has been strengthened by allowing parallel financial inquiries to track the proceeds of crime. The law precisely identifies the competent authority for handling investigations related to groups subject to exceptional jurisdiction, requiring the approval of the Attorney General at the Court of Cassation for any actions restricting personal freedom.
The new text allows public prosecutors to go to the premises of judicial police to interrogate suspects in misdemeanors, aiming to alleviate pressure on public prosecution offices.
The law also introduces substantial amendments to investigation techniques, including the digital search of electronic devices with the Public Prosecution’s consent and accessing digital data from public and private institutions based on written permission.
Regarding custody, the law emphasizes the necessity of verifying the conditions for detention and ensuring the right to contact a lawyer starting from the first hour, with the possibility of postponement in certain serious crimes. It also permits remote extension of custody in specified cases.
For the first time, the law regulates the technique of “infiltration” in serious crimes, considering it an effective tool in combating organized criminal networks, while subjecting it to the oversight of the Public Prosecution.
Law No. 03.23 marks a new step in the reform of criminal justice by clarifying the competencies of the Public Prosecution, modernizing investigative tools, and expanding guarantees for a fair trial, in line with a comprehensive approach aimed at greater effectiveness in combating crime and respecting rights and freedoms.
