Moroccan Law on the Fight Against Corruption

Corruption is a global challenge that undermines the rule of law, weakens economic development, and erodes public trust in institutions. In the Kingdom of Morocco, the fight against corruption (الفساد) and the promotion of ethics (أخلاقيات) are not merely social goals but are deeply rooted in a comprehensive legal and institutional framework.

Whether through the Criminal Code, the Code of Criminal Procedure, or specialized governance bodies, Moroccan law has evolved significantly to align with international standards. This article explores the mechanisms Morocco uses to combat corruption, the role of national institutions, and the legal principles governing these efforts.

The Role of the National Authority for Integrity and Anti-Corruption

One of the cornerstones of Morocco's strategy is the National Authority for Integrity, Prevention, and Fight against Corruption (الهيئة الوطنية للنزاهة والوقاية من الرشوة ومحاربتها). Established and regulated by Law No. 46.19, this body serves as a central pillar for governance and transparency.

According to Law No. 46.19, the Authority has several primary missions:

1. International Coordination: It ensures the implementation of international obligations arising from treaties ratified by Morocco in the field of anti-corruption.
2. Legislative Recommendations: The Authority provides recommendations to align national legislation with international anti-corruption conventions (Reference 3).
3. Receiving Complaints: It is empowered to receive reports, complaints, and information regarding cases of corruption (Reference 3).
4. Cooperation and Research: It fosters partnerships with national and international universities, research centers, and non-governmental organizations to exchange expertise and develop anti-corruption measures (Reference 5).

By centralizing these functions, Morocco ensures that the fight against corruption is not just reactive but also preventive, focusing on long-term ethical reform.

Criminal Jurisdiction and International Crimes

Moroccan law adopts a robust stance on crimes committed both within and outside its borders. The Penal Code and the Code of Criminal Procedure (Law No. 22.01) establish clear rules on how the Kingdom handles corruption and related crimes.

Territorial and Universal Jurisdiction

Under Article 10 of the Penal Code, Moroccan criminal law applies to everyone within the Kingdom's territory, whether they are nationals, foreigners, or stateless persons (Reference 8). Furthermore, Article 11 extends this jurisdiction to Moroccan ships and aircraft, regardless of their location, unless international law dictates otherwise.

Crimes Committed Abroad

Morocco also exercises jurisdiction over certain crimes committed outside its territory. According to Article 711 of the Code of Criminal Procedure, a foreigner or a Moroccan national can be prosecuted in Morocco for crimes against state security, counterfeiting the state seal, or forging national currency (Reference 6).

In the specific context of terrorism and related financial crimes, the Anti-Terrorism Law stipulates that any Moroccan or foreigner who commits a terrorist act outside the Kingdom can be prosecuted before Moroccan courts if the act harms Morocco’s interests. If the act does not target Morocco, a foreigner can still be prosecuted if they are found on Moroccan soil (Reference 2).

Legal Safeguards and the Principle of "Ne Bis In Idem"

While Moroccan law is rigorous in its pursuit of justice, it also respects fundamental legal protections. A key principle is that a person cannot be tried twice for the same crime (the principle of Ne Bis In Idem).

According to Articles 710 and 711 of the Code of Criminal Procedure, a prosecution cannot proceed in Morocco if the accused can prove they have already been judged abroad for the same act. The defendant must provide evidence of a final judgment and, in the case of a conviction, proof that they have served their sentence, that the sentence is time-barred (statute of limitations), or that they received a pardon (References 1, 6).

Furthermore, Article 5 specifies that any transfer of a convicted person or execution of a foreign judgment must not conflict with the fundamental principles of Moroccan law. Requests for such transfers must be submitted in writing to the Minister of Justice, accompanied by official documents and certified Arabic translations (Reference 1).

Statutes of Limitation and Legal Procedures

The effectiveness of anti-corruption laws often depends on the "statute of limitations" (تقادم)—the period during which legal action must be initiated.

Article 7 of the Code of Criminal Procedure clarifies that the public prosecution of a crime does not expire if the crime is deemed non-prescriptible by law or by an international convention ratified by Morocco and published in the Official Gazette (Reference 7).

Crucially, the limitation period is interrupted by any act of prosecution or investigation carried out or ordered by the judicial authority. This includes actions taken by an investigating judge during the preliminary or supplementary investigation phases. This ensures that as long as the legal machinery is moving, the passage of time does not allow a corrupt individual to escape justice.

Conclusion

Morocco’s legal framework for fighting corruption is a sophisticated blend of domestic enforcement and international cooperation. By empowering specialized bodies like the National Authority for Integrity and maintaining strict criminal procedures, the Kingdom aims to create an environment where transparency and ethics (أخلاقيات) prevail. For citizens and businesses alike, understanding these laws is the first step toward fostering a culture of integrity and ensuring that the rule of law remains the foundation of Moroccan society.

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