Moroccan Court Overturns Prison Sentence for Public Kiss

The Court of Appeal has just overturned this decision, arguing that a kiss is not constitutive of the offense of debauchery. "The decision rendered on appeal has put things back in their place and is in line with the jurisprudence and doctrine concerning the offense of debauchery. Thus, it has examined the file from all its legal and factual aspects," rejoiced Me Yousra Raissouni, the accused’s lawyer, to Alyaoum24.

It all started with a complaint filed by a man accusing his 25-year-old ex-wife of falling in love with her 29-year-old partner in the presence of their daughter. A behavior he considers immoral. The competent prosecutor’s office ordered the opening of an investigation entrusted to the vice squad of the Larache police station. In their report, the agents mentioned that the woman and her partner had admitted to having kissed, but assured that they had never had sexual relations.

The court relied on the defendants’ admission, which it considered a recognition of debauchery, to render its verdict. "In accordance with Article 493 of the Penal Code, the offense punished by Article 490 of the same Code, namely the offense of debauchery, is established on the basis of an official report drawn up by a judicial police officer in the event of a flagrant offense, or on the basis of an admission recorded in writings or documents emanating from the accused, or of a judicial admission," reads the decision handed down on October 16, 2023.

Despite the arguments of the defense lawyers, the court had sentenced the woman to a two-month suspended prison sentence and a fine of 500 dirhams, as well as 1,500 dirhams in damages to the plaintiff. Her partner had received a three-month suspended prison sentence.