“My rights”…Article 3 of the draft law on the “restriction” of criminal proceedings to the public prosecutor

Heba Press / Rabat

Muhammad Al-Ghalousi said in a long blog post: “If Article 3 of the draft Criminal Procedure Code limited the right of the public prosecutor to open judicial investigations and follow up on public fund files by the need to receive reports from the departments and institutions mentioned in the same article, including the Higher Council of Accounts.

Al-Ghalousi added: “If this is the case, what prevents the Supreme Council of Accounts from referring its criminal reports to the King’s Attorney General at the Court of Cassation, who is himself the head of the public prosecution service?”
Indeed, in its last paragraph, article 111 of the financial jurisdiction code, law n° 99-62, specifies the following:

“If these are acts which appear to require a criminal sanction, the King’s Prosecutor (at the Higher Council of Auditors) shall refer the matter, on his own initiative or on the instructions of the First President (of the Higher Council of Auditors). of Auditors) to the King’s Prosecutor at the Court of Cassation in order to take what he deems appropriate, and he will be informed thereof.” The authority to which the person concerned belongs.
The Attorney General of the King at the Court of Cassation informs the Council (i.e. the High Council of Auditors) of the measures he has taken.

He went on to say: “I don’t know if there is more clarity and cooperation between institutions than that!” Before adding more, this topic therefore requires asking legitimate questions, including:

What is the point of regulating with complete clarity an area that was previously regulated by law? What prevents the Higher Council of Auditors from referring all corruption cases to the courts, when it only refers some cases and not others? Why does it exercise its control functions in certain institutions and territorial groups without these reports seeing the light of day, because they are kept secret and included in secret reports?

Al-Ghalousi asked: “Did the Supreme Accounting Council need to add another chapter to the draft criminal procedure law that only reminds it (just a reminder of its roles and powers) to transmit its reports to the judiciary?
The goal is clear and is reflected in the efforts of the centers, sites and elites that take advantage of the reality of rent-seeking, corruption and the marriage of power with money to silence mouths and restrict serious and scandalous associations for all manifestations of corruption and money. rent-seeking and curb the growing societal awareness of the need to combat the spread of corruption and bribery in public life, which will only be possible by linking responsibility to the responsibility and involvement of all in this battle (society and the state and its members). institutions)