Morocco Tightens Rules on Judicial Search Notices to Enhance Fairness

The issuance of search notices must now be standardized and reduced to the strict cases requiring the appearance of the individual before the justice, we read in the note of the Attorney General of the King at the Court of Cassation, President of the Public Prosecutor’s Office, addressed to the Attorneys General of the King at the Courts of Appeal and the Prosecutors of the King at the courts of first instance. This note mainly emphasizes the management of search notices, which represent a means often used by the public prosecutor’s offices to summon an individual in case of impossibility of locating him.

Furthermore, in dealing with the cases of wanted persons, prosecutors must use great wisdom and avoid automatically placing the person in custody, except in case of need, Daki said, who also ordered the cancellation of notices related to criminal acts that have fallen under prescription, but taking into account the nature of the alleged facts, the facts that have been the subject of an appearance or whose investigation is ongoing or pending trial.

In addition, the public prosecutor’s offices must work taking into account the requests and grievances for the cancellation of search notices, he specified in the communiqué, adding that the decision of the cancellation must be communicated with justification. It should be noted that, the respect of these instructions of the Attorney General will be followed with great rigor for the preservation of fundamental rights and freedoms whose role falls to the public prosecutor’s offices, he hammered.