HIBAPRESS – Abdellatif Baraka
The new Criminal Procedure Law will come into effect tomorrow, Monday, December 8, 2025, bringing with it one of the broadest legal reforms Morocco has witnessed in recent decades. This law reshapes the features of criminal justice in its various stages, from notification and complaint to investigation, trial, and execution of judgments, through an approach based on three pillars: strengthening the rights of defense, modernizing judicial work, and strengthening means of combating crime.
– Strengthening Rights and Guarantees of Fair Trial
The new law focused on placing litigants, especially suspects, at the heart of the judicial process by expanding legal protection and establishing precise monitoring mechanisms. The Public Prosecution is now required to notify complainants of the actions taken regarding their complaints within a maximum period of fifteen days, and those harmed by the preservation decision were allowed to submit a grievance to the Attorney General. The role of the lawyer has been significantly enhanced, as he can now attend interrogations before the Public Prosecution, submit requests for medical examinations, submit documents, and make observations after the initial investigation.
One of the prominent developments is the establishment of precise standards for resorting to custodial arrest, considering it an exceptional measure that is only adopted for six reasons only, including preserving evidence, protecting witnesses, or avoiding the escape of the suspect. A national electronic register for custodial arrest has been created, which the judicial authorities can monitor remotely, thus limiting any potential violations. The suspect's right to remain silent has also been enshrined, stipulating that it is not considered an admission in any form, in addition to guaranteeing contact with the lawyer from the first hour of being placed under custodial arrest, except in a few cases related to serious crimes.
As for pre-trial detention, the law has surrounded it with strict guarantees, as it is no longer possible except by a reasoned decision and for specific reasons, with the maximum duration in misdemeanors reduced to one month, extendable only once. The accused was also granted the right to appeal the detention order before a judicial body that decides on the matter urgently, which enhances the exceptional nature of detention.
In the context of transparency, the law expanded the lawyer's right to access the file and obtain copies of its documents without restrictions, with the exception of specific cases of a sensitive nature. Attention was also given to protecting the physical safety of detainees, as a medical examination became necessary when there is evidence or at the request of the defense, and the confession is invalidated if the authorities refuse to conduct the examination despite its request.
– Towards More Efficient and Digitalized Justice
The new law sought to reduce pressure on the courts and expedite the adjudication of cases by strengthening restorative justice. The reconciliation procedure has been expanded to include a large number of misdemeanors, including fraud, breach of trust, minor violence, and issuing bad checks, provided that both parties agree. It has also become possible to suspend the execution of a custodial sentence after the final judgment has been issued if the victim waives and the fines and expenses are paid, which consolidates an approach towards resolving disputes in a flexible and practical manner.
On the other hand, the law opened up to digitalization clearly, whether by adopting electronic minutes and digital signatures, or by enabling the courts to digitally record sessions and transcribe them into minutes that have legal authority. The possibility of remote listening to the parties, witnesses, or victims has also been included when necessary, which saves time and reduces logistical problems.
– New Means to Combat Crime and Enhance Judicial Security
The law enshrined additional powers for the Public Prosecution in the face of complex crimes, especially those related to money and cybercrimes. It is now able to request the freezing or seizure of assets related to criminal acts, and to conduct parallel financial investigations to determine the sources of suspicious funds. The use of modern technologies in criminal investigation has also been expanded, including genetic expertise, digital data analysis, and access to information systems in accordance with specific controls.
The "penetration" mechanism is one of the most prominent developments, as it allows the judicial police officer to pretend to participate in criminal activity in order to dismantle organized crime networks, especially those related to drug trafficking, terrorism, or money laundering. The identity verification procedure has also been organized more accurately, with a time limit not exceeding eight hours, extendable, and the possibility of taking genetic fingerprints with notice to the Public Prosecution.
