Criminal Justice in Morocco: The Penal Code Explained

The Moroccan legal system is a sophisticated framework designed to maintain social order, protect individual rights, and ensure the sovereignty of the law across the Kingdom. At the heart of this system lies the Penal Code (Code Pénal) and the Code of Criminal Procedure (Code de Procédure Pénale). These statutes define what constitutes a crime, the penalties associated with such acts, and the procedural journey from investigation to final judgment.

Understanding the nuances of Moroccan criminal law is essential for both residents and foreign nationals, as the jurisdiction of Moroccan courts extends beyond simple geographic borders in specific circumstances. This article provides an overview of how the Penal Code functions, the types of offenses recognized, and the mechanisms of international judicial cooperation.

The Scope and Jurisdiction of Moroccan Criminal Law

Moroccan criminal law operates primarily on the principle of territoriality. According to Article 10 of the Penal Code, the law applies to everyone within the territory of the Kingdom, including Moroccan citizens, foreign nationals, and stateless persons. This jurisdiction extends to Moroccan vessels and aircraft, regardless of their location, unless they are subject to foreign legislation under international law (Article 11).

However, the law also accounts for "extraterritoriality." Under Articles 707 to 712 of the Code of Criminal Procedure (which replaced previous articles through Law 22.01), Moroccan courts may have jurisdiction over crimes committed outside the Kingdom. This is particularly relevant for:

1. Crimes committed by Moroccan citizens abroad.
2. Crimes that threaten the internal or external security of the Moroccan state.
3. Terrorism offenses, where Moroccan law grants broad authority to prosecute individuals—whether Moroccan or foreign—who commit terrorist acts outside the Kingdom.

A critical protection against "double jeopardy" exists in Moroccan law. Article 1 of the Code of Criminal Procedure and specific provisions regarding terrorism stipulate that a person cannot be prosecuted in Morocco if they can prove they have already been judged abroad for the same act by a final court decision (res judicata), provided they have served their sentence or the sentence has lapsed due to the statute of limitations.

Classification of Offenses and Penalties

The Moroccan Penal Code categorizes prohibited acts based on their severity. This classification determines which court will hear the case and the severity of the potential punishment.

Criminal Penalties and Preventive Measures

The law distinguishes between principal penalties (such as imprisonment or fines) and preventive measures. According to Article 8 of the Penal Code, preventive measures can only be imposed in cases specifically provided for by law. Furthermore, Article 9 dictates that only the measures in force at the time of the judgment can be applied. If a new law is passed that decriminalizes an act or abolishes a specific preventive measure, the execution of that measure must cease immediately (Article 10).

Specialized Criminal Provisions

Beyond the general Penal Code, specific laws regulate specialized sectors. For example, Law 12.96 regarding the reform of the "Crédit Populaire du Maroc" contains its own set of disciplinary and criminal sanctions for administrative misconduct. Similarly, Law 70.14 regarding Real Estate Collective Investment Bodies (OPCI) outlines disciplinary sanctions that can be imposed by the Moroccan Capital Market Authority (AMMC), which exist alongside potential criminal penalties (Article 92).

Extradition and International Cooperation

In an increasingly globalised world, Morocco maintains robust procedures for international judicial cooperation, particularly regarding the extradition of suspects. Under Article 720 of the Code of Criminal Procedure, extradition requests are governed by strict criteria:

• Dual Criminality: The act must be a crime or a misdemeanor under both the law of the requesting state and Moroccan law.
• Severity Threshold: For misdemeanors, the maximum penalty in the requesting state must be at least one year of imprisonment. If the person has already been sentenced, the remaining term must be at least one year.
• Official Request: Requests must be submitted in writing to the Minister of Justice, accompanied by the original judgment (or a certified copy), execution documents, and official Arabic translations of all files.

Morocco also allows for the "transfer of sentenced persons." This enables individuals convicted in one country to serve their sentences in their home country, provided the transfer does not conflict with the fundamental principles of the Moroccan legal order.

Statutes of Limitation and Legal Procedures

The concept of the "statute of limitations" (prescription) is vital in Moroccan criminal law. This refers to the period after which a crime can no longer be prosecuted. However, certain crimes are exempt from these time limits. For instance, public action (prosecution) does not expire for crimes where the law or international conventions ratified by Morocco explicitly state they are imprescriptible (Article 6).

The timeline for the statute of limitations can be interrupted by specific legal actions. These include:

• Prosecution Procedures: Any action taken by the judicial authority to bring the case before an investigating judge or a trial court.
• Investigation Procedures: Formal acts performed by an investigating judge during the preliminary or supplementary investigation phases.

It is important to note that mere "inquiry and search" actions (police investigations) generally do not interrupt the statute of limitations; only formal judicial actions carry this weight.

Conclusion: Key Takeaways

The Moroccan criminal justice system is built upon the principles of legality and territoriality, while maintaining flexibility for international cooperation. Key takeaways include:

• Universal Application: Moroccan law applies to all within its borders, with specific exceptions for crimes committed abroad that impact national security or involve terrorism.
• Protection Against Double Jeopardy: Individuals generally cannot be tried twice for the same act if a final judgment has been reached and satisfied abroad.
• Strict Extradition Rules: Extradition requires dual criminality and a minimum threshold of sentencing severity.
• Legality of Penalties: No penalty or preventive measure can be imposed unless it is explicitly defined by law at the time of the offense or judgment.

For anyone navigating the Moroccan legal landscape, understanding these foundational pillars ensures a clearer perspective on the rights and obligations defined by the Kingdom's penal framework.

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