IA few years ago, Morocco started the process of dematerializing its public services. The results obtained differ from one sector to another. In fact, the objectives set for customs matters, tax returns, tax payment, social security, protection of the territory have been exceeded. But for other administrations or departments there is still a long way to go, such as the justice sector.
This ministry had, in recent years, launched several digital services, including the request for the commercial register, the follow-up of cases in the various jurisdictions, or the request and withdrawal of the criminal record, without forgetting the electronic complaint service. To do this, the supervisory department had strengthened the information systems of the courts. It has provided them with sophisticated equipment to better manage legal proceedings and improve performance in case processing.
The digitization policy is reinforced by the IT links between the public prosecutor’s office and the general prosecutors in the various courts of the Kingdom in terms of handling complaints. This computerized circuit aims to improve the quality of the services provided for the management and treatment of citizens’ complaints, regardless of their position.
The tool is appreciated by MRAs, as they are more often than not far from the national territory. It allows them to submit their complaints, follow up on them and obtain all necessary information within a reasonable time without having to travel. “Digitization is the cornerstone of improving the quality of judicial services, strengthening judicial efficiency, reducing procedural delays, simplifying procedures and facilitating access to justice. For users”, recently stressed Hassan Daki, president of the public ministry. In his opinion, “the importance of dematerialisation also contributes to strengthening the values of integrity and transparency and improving the corporate climate, especially since international standards insist on the importance of having a digital management system for cases and complaints and access to decisions of the courts, as a key input to accelerate the pace of investment “.
With the pandemic, the process intensified with the establishment of digital courts. For legal professionals, the system has many advantages, although it has several limitations that need to be overcome. In this regard, it is useful to draw inspiration from successful experiences abroad. “Remote trials have significantly reduced the hassle of security, transportation or treatment of defendants. They have also made it possible to reduce spending on the various administrations concerned and also to mobilize fewer human resources that can be used in other services.underlines Mohamed Snaoui, lawyer of the Casablanca bar.
The lawyer, however, mentions the defects and malfunctions attributed to the system. “The system of remote judgments was dictated by extreme health considerations. But legally it is illegal. The Supreme Court in France, in a decision, found that they do not comply with the law. In Morocco there is no legal text that frames it and specifies its outlines. It is a simple government decree, established in consultation with the Moroccan Bar Association, in order to ensure continuity of justice and avoid long periods of pre-trial detention. Physical presence before the judge is the rule and not the exception. This allows him to discuss and be accompanied by his lawyer. The discretion of the judge is deeply conditioned if he does not have all the elements.Snaoui concludes.
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