HIBAPRESS – Mohamed El Harouali
The Public Prosecution emphasized the strict adherence to the legal controls governing the interrogation of persons presented before the Public Prosecution, while stressing the rationalization of resorting to pre-trial detention and the promotion of alternatives to prosecution, through a new circular directed to Public Prosecution judges in various courts of the Kingdom.
The circular issued by the Public Prosecution confirmed that the presentation and interrogation phase constitutes a fundamental link in enshrining the guarantees of a fair trial and protecting rights and freedoms, as it is the first direct contact between the suspect and the Public Prosecutor, which necessitates careful examination of the records, proper classification of actions, and achieving a balance between the rights of the suspects and the rights of the victims and society.
The Public Prosecution called for ensuring that the suspects benefit from all rights guaranteed by law, including notifying them of the charges against them and their right to remain silent, contacting a lawyer, notifying their families, in addition to verifying the safety of the detention conditions, and respecting the new requirements contained in the Criminal Procedure Law.
The circular stressed the need to prepare interrogation reports that meet all legal formalities, with justification of the decisions taken, especially in cases of prosecution in custody, and conducting medical examinations whenever necessary, while adhering to the applicable legal and organizational guidelines.
Regarding the judicial decision-making, the Public Prosecution called for activating alternatives to public prosecution, foremost of which is the deterrent reconciliation, and considering the exceptional nature of pre-trial detention with the possibility of resorting to judicial supervision measures whenever the legal conditions are met.
The circular also emphasized the importance of adopting good management rules for the presentation phase by rationalizing presentation orders in the case of release, organizing the interrogation according to priorities that take into account vulnerable groups, ensuring the separation of minors from adults, and improving the reception and interrogation conditions in a way that guarantees human dignity and respect for basic rights.
The Public Prosecution concluded its circular by calling for the strict application of these guidelines in a way that ensures the efficiency of judicial performance, improves the quality of services provided to litigants, and enhances confidence in justice.
