Morocco Unveils Major Reforms to Criminal Procedure Code, Expanding Legal Protections

In parliament on Monday, Justice Minister Abdellatif Ouahbi indicated that "important changes and innovations have been introduced in the Code of Criminal Procedure, the text of which will be submitted at the end of this week to the General Secretariat".

Among the amendments, the minister cited in particular the introduction of the presence of the lawyer during the hearings in the police stations, to strengthen the procedural guarantees of the accused. But also the presence of social workers in cases involving women and children. It is also planned to grant lawyers the same means as the public prosecutor’s office. And this, in order to "create a balance between the parties", while ensuring the use of electronic means to facilitate exchanges.

Similarly, the code provides for the use of electronic bracelets in the event of provisional release, the presence of a social worker for women and children, and the strengthening of mechanisms for international cooperation and electronic means of fighting crime.

Regarding preventive detention, which, as the minister recalls, concerns 45% of the prison population, the draft Code of Criminal Procedure subjects the activation of this measure to certain conditions, and reduces its duration to a maximum of eight months instead of twelve.

Ouahbi considered that the Code of Criminal Procedure is the foundation of democracy, since the guarantees provided by this law protect citizens against any abuse of power and guarantee them the right to defense.

The next project, once the draft code of criminal procedure is completed, will concern the draft civil code, the criminal code and the code of professions.