On 8 December 2025, Law 03.23 amending the Code of Criminal Procedure (Law 22.01) came into force. Ten months later, its effects are felt at every stage: identity checks, police custody, appearance before the prosecutor, trial. The law affirms the presumption of innocence, makes pre-trial detention the exception and strengthens the lawyer's role. Here are the key rights to know, whether you are a suspect, a victim or the parent of a minor.
The principles affirmed by the reform
Enacted by Dahir 1.25.55 of 13 August 2025 and published in Bulletin officiel (Official Gazette) No. 7437, Law 03.23 reaffirms the presumption of innocence: doubt benefits the accused. Pre-trial detention is expressly made exceptional, so every deprivation of liberty before judgment must be justified. The reform also requires full traceability of interviews through recording. It extends single-judge hearings to simple cases and gives investigators tools against cybercrime, with particular attention to protecting children online.
Identity checks and police custody
An identity check is limited to 4 hours. It can be renewed only once, with the prosecutor's authorisation, and the person's family or lawyer must be informed. In police custody (garde à vue), the person may receive a medical examination when their condition justifies it. This protects both the person held and the regularity of the procedure. In practice, every request and observation should be recorded in the official report.
Before the prosecutor, with your lawyer
A lawyer may now assist the client from the questioning before the public prosecutor's office (parquet). The lawyer may request a medical examination, produce documents, make observations and ask questions. This stage is decisive, since the prosecutor often decides there what happens next, including any request for detention. Our advice: preparing useful documents at this stage (proof of address, employment, papers relating to the facts) lets the lawyer offer concrete guarantees, for instance a judicial supervision measure rather than detention.
Better protection for victims and minors
At the hearing, the victim may speak after each testimony, and social assistance units are strengthened. Associations may join proceedings as civil parties under conditions: recognised as being of public utility, in existence for at least 4 years and authorised by the ministry. In cases of violence against women, the victim's prior written consent is required. For minors, the legal guardian must be informed immediately, and no questioning may take place without the legal representative.
Criminal settlement and imprisonment for debt
Criminal conciliation (settlement) is extended to offences punishable by 2 years' imprisonment or less, or by a fine of up to 100,000 DH. It allows some cases to close without a trial, which can suit both the offender and the victim. Imprisonment for debt (contrainte par corps), which allows a person to be jailed to force payment of sums owed, is restricted. It is excluded when the amount due is under 8,000 DH. It is prohibited against pregnant women, breastfeeding mothers (up to 2 years after birth) and people over 60, and cannot target both spouses at the same time.
Sources
- Le360, 17 December 2025: « Code de procédure pénale : dix nouveautés majeures pour renforcer les droits du citoyen »
- Le Matin, La Vie éco, Lebrief, 8 December 2025: entry into force of Law 03.23
- Bulletin officiel No. 7437: Dahir 1.25.55 of 13 August 2025 enacting Law 03.23
Maître Mouad Lahfaia
Lawyer at the Rabat Bar
This article reflects the author's views as at the date of publication. It does not constitute legal advice and is no substitute for an analysis of your particular situation.