Guide · Criminal law and business crime

Police custody and criminal procedure in Morocco: your rights and the lawyer's role

Being summoned by the judicial police, held in police custody or prosecuted before the criminal court is an ordeal. The Code of Criminal Procedure (Law No. 22-01) governs each stage and guarantees rights: the presumption of innocence, the assistance of a lawyer, information about the charges and the right to appeal. Knowing them from day one changes the outcome of the case.

By Maître Mouad Lahfaia, lawyer at the Rabat Bar · Updated 8 September 2026 · 7 min read

Police custody

  • Duration of 48 hours, renewable once for 24 hours with the authorisation of the public prosecutor; special time limits apply to offences against state security and terrorism.
  • The right to have your family informed, the right to a medical examination and the right to remain silent.
  • A meeting with a lawyer from the first hour of the extension, and from the outset if the public prosecutor authorises it; the record must state the rights notified.
  • The police report is authoritative until proven otherwise for minor offences and misdemeanours; irregularities in it may render it void.

From the public prosecutor to judgment

  1. The King's Prosecutor decides whether to prosecute: dropping the case, direct summons, or opening a judicial investigation for serious crimes or complex cases.
  2. Before the investigating judge, the person under investigation has access to the file through their lawyer and may request investigative steps; pre-trial detention is limited in time and open to appeal.
  3. The Court of First Instance tries misdemeanours; the criminal chamber of the Court of Appeal tries serious crimes.
  4. Appeal within ten days of the judgment; appeal to the Court of Cassation within ten days of the appellate ruling.

Victims and civil parties

The victim files a complaint with the public prosecutor or the judicial police, joins the proceedings as a civil party and seeks compensation before the criminal court; the victim may also initiate the prosecution by filing a complaint with a civil party claim before the investigating judge. The firm assists both defendants and victims before the courts of Rabat.

This guide is provided for general information by Maître Lahfaia Law Firm, Rabat. It is no substitute for advice tailored to your situation; the rules and deadlines mentioned may change.

FAQ

Questions related to this guide

Can I refuse to answer police questions?

Yes. The right to remain silent is guaranteed; you must, however, give your identity. It is advisable to request the assistance of a lawyer immediately.

How long can pre-trial detention last?

For misdemeanours, detention is limited to one month, renewable twice; for serious crimes, to two months, renewable five times. An application for release can be made at any time.

Can a complaint be withdrawn?

Withdrawing the complaint ends the prosecution only for offences where the law so provides (for example certain family offences); in other cases, the public prosecutor retains control of the prosecution, but the withdrawal carries weight in the decision.

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