A Moroccan minister cited in the "Escobar of the Desert" affair

The name of a minister, once a candidate for the presidency of the Casablanca-Settat region, is mentioned in this case. He could be summoned for a possible hearing on his relationship with people being prosecuted as part of the "Escobar of the Desert" case. It is up to the Casablanca prosecutor’s office to make a decision in this regard, which will open the way for an investigation procedure.

Can a minister be summoned if he is accused, during the exercise of his duties, of an act punishable by criminal sanctions? Questioned by Hespress, Mohamed Chamsi, a lawyer at the Casablanca bar, answers in the affirmative. To support his own, he cites Article 264 of the Penal Code, which provides that the procedure is initiated against a member of the government, where the criminal chamber of the Court of Cassation, if necessary, orders, on the basis of the requisitions of the Attorney General of the same court, to investigate the case involving one or more members of its body. And the investigation is conducted in accordance with the procedures related to the preliminary investigation.

What does the law say when a member of the government is accused of having committed an act punishable by criminal sanctions? Mohamed Chamsi explains that Article 265 of the Code of Criminal Procedure provides that the criminal chamber of the Court of Cassation orders, on the basis of the requisitions of the Attorney General of the same court, to investigate the case involving one or more members of its body and that the investigation is conducted in accordance with the legal rules set forth in the chapters and articles governing the preliminary investigation in the Code of Criminal Procedure.

"After the end of the investigation, the investigating judge or judges issue either a dismissal order or refer the case to the criminal chamber of the Court of Cassation. The criminal chamber mentioned in the case rules, and the decision rendered by this chamber is subject to appeal within 8 days. This is an appeal that the chamber of the Court of Cassation examines gathered, with the exception of the criminal chamber that ruled on the case," continues the lawyer. He will also specify that no civil claim is admissible before the Court of Cassation.

In total, 25 individuals appear in this case before the Attorney General. Among them, businessmen, a fashion designer, business leaders, merchants, a notary, as well as civil servants and senior security officials. They must answer the accusations of international drug trafficking, money laundering, real estate dispossession, takeover of stolen vehicles, forgery and use of forgeries, etc. Following the requisition of the Attorney General, the investigating judge placed them all in pre-trial detention. The hearings could continue until January 25, 2024.