Morocco’s akhannouch Government Submits Landmark Criminal Procedure Reform Bill to Parliament
The Moroccan government, led by Prime Minister aziz Akhannouch, has taken a significant step toward modernizing its criminal justice system. On January 13, 2025, the government submitted bill No. 03.23, which amends and supplements Law No. 22.01 relating to criminal procedure, to the office of the House of Representatives.This move comes more than four months after the bill was initially approved by the Government Council on August 29, 2024.
The delay in submitting the bill to parliament was due to the need for revisions. According to a statement from the Government Council, the text was sent back to the General Secretariat of the Government to reformulate some of its clauses, “taking into account observations raised,” as reported by the Arabic-speaking site Strengthening Fair Trial Guarantees
Table of Contents The proposed reforms aim to strengthen fair trial guarantees by introducing several key developments. These include rationalizing the use of theoretical custody, which will now be considered an extraordinary measure, and refining the legal controls surrounding pre-trial detention. The bill also seeks to bolster the rights of the defense, modernize criminal justice mechanisms, and enhance the protection of victims. In addition, the reforms address penal policy by establishing new controls to align it with the state’s general policies. This includes defining executive forms, protecting minors, simplifying appeal formalities, and transferring certain skills to strengthen the independence of the prosecution. The bill also introduces significant changes to the execution of sentences. It expands the powers of the criminal judge and introduces measures to motivate prisoners to discipline themselves through the automatic reduction of sentences. These developments aim to create a more balanced and efficient criminal justice system. | Aspect | Reform Measures | This reform bill represents a pivotal moment for Morocco’s criminal justice system. By modernizing procedures and strengthening protections,the government aims to ensure a fairer and more transparent legal process. As the bill moves through parliament,its potential impact on the nation’s judicial framework will be closely watched. For more details on the government’s agenda,visit this link. Image Source: Article19.ma In January 2025, Morocco’s government, led by Prime Minister Aziz Akhannouch, submitted a groundbreaking bill to modernize the nation’s criminal justice system. The proposed reforms aim to strengthen fair trial guarantees, refine penal policies, and introduce new measures for sentencing. To unpack the implications of this landmark legislation,we sat down with Dr.Samira El-mansouri, a renowned legal scholar and expert on criminal justice reform in North Africa. senior Editor: Dr. El-Mansouri,thank you for joining us.Let’s start with the bill’s focus on fair trial guarantees. What are the key changes being proposed, and how do they address current challenges in Morocco’s criminal justice system? Dr. samira El-Mansouri: Thank you for having me. The bill introduces several critical reforms, notably around the use of theoretical custody and pre-trial detention. Currently, these measures are ofen overused, leading to prolonged detentions without trial. The new legislation redefines theoretical custody as an extraordinary measure, meaning it will only be applied in exceptional cases. This is a notable step toward protecting individual liberties and ensuring that detention is not used as a default mechanism. Additionally, the bill strengthens the rights of the defense by providing clearer legal frameworks for portrayal and access to evidence. These changes are crucial for ensuring that defendants receive a fair trial, which is a cornerstone of any modern justice system. Senior Editor: The bill also aims to modernize Morocco’s penal policy. Can you elaborate on how these reforms align with the state’s broader objectives? dr. Samira El-Mansouri: Absolutely. The reforms introduce new controls to align penal policy with the state’s general policies, particularly in areas like the protection of minors and the simplification of appeal procedures. For example, the bill includes provisions to ensure that minors are treated differently from adults in the criminal justice system, reflecting international standards for juvenile justice. Another important aspect is the transfer of certain powers to strengthen the independence of the prosecution. This move is designed to reduce political interference and ensure that prosecutorial decisions are based solely on legal merits. These changes are part of a broader effort to create a more transparent and accountable justice system. Senior Editor: Sentencing reforms are another major component of the bill. What are the key developments in this area,and how might they impact the criminal justice system? Dr. Samira El-Mansouri: The bill introduces several innovative measures to reform sentencing practices.One of the most notable changes is the expansion of powers for criminal judges, allowing them greater discretion in tailoring sentences to fit the specifics of each case. This is a move away from rigid, one-size-fits-all sentencing guidelines. Another significant progress is the introduction of automatic sentence reductions for disciplined prisoners. This measure is designed to incentivize good behavior and rehabilitation, which are essential for reducing recidivism rates. By focusing on rehabilitation rather than purely punitive measures, the bill aligns with global trends in criminal justice reform. Senior Editor: As the bill moves through parliament,what challenges do you foresee,and what impact could it have on Morocco’s judicial framework? Dr. Samira El-Mansouri: the bill is undoubtedly a step in the right direction,but its success will depend on effective implementation. One challenge will be ensuring that all stakeholders, including judges, prosecutors, and defense attorneys, are adequately trained on the new provisions. There’s also the issue of resource allocation—modernizing the justice system requires significant investment in infrastructure and personnel. If implemented effectively, however, this bill has the potential to transform Morocco’s criminal justice system. It could enhance public trust in the judiciary, improve the efficiency of legal processes, and bring Morocco closer to international standards of justice and human rights.Legal Developments in Sentencing
Key Highlights of the Reform Bill
|—————————–|————————————————————————————|
| fair Trial Guarantees | Rationalization of theoretical custody and pre-trial detention; strengthened defense rights.|
| penal Policy | New controls to align with state policies; protection of minors; simplified appeals. |
| Sentencing | Expanded powers for criminal judges; automatic sentence reduction for disciplined prisoners. |A Step Toward Modern Justice
Morocco’s Landmark Criminal Procedure Reform: A Conversation with Legal Expert Dr. Samira El-Mansouri
Strengthening Fair Trial Guarantees
Modernizing Penal Policy
Reforming Sentencing Practices
The Road Ahead
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