Police custody and rights of the defence
- Duration of 48 hours, renewable once with the authorisation of the public prosecutor (special time limits apply for state security and terrorism) (Arts. 66 and 80).
- Right to inform one's family, to be assisted by a lawyer and to consult that lawyer, subject to conditions, from the first hour of police custody.
- Presumption of innocence (Art. 1); acts carried out in breach of the rights of the defence are null and void.
Prosecution and trial
- Simple complaint, complaint with civil-party application before the investigating judge (Art. 92), or direct summons.
- The public prosecutor decides whether to prosecute; conciliation and settlement are possible for certain misdemeanours (Art. 41).
- The Court of First Instance hears misdemeanours, the criminal chamber of the Court of Appeal hears felonies; appeal within ten days (Art. 400).
2025 reform
Law No. 03-23 amended the Code of Criminal Procedure to strengthen assistance by a lawyer, regulate pre-trial detention, expand alternative sentences and modernise digital procedure. The firm applies these new safeguards from the police custody stage.
Key articles
Art. 1
« Every person accused or suspected of having committed an offence is presumed innocent until his guilt has been legally established by a decision that has acquired the force of res judicata, following a fair trial affording all legal guarantees. Any doubt benefits the accused. »
A lawyer's points to watch
- Contact a lawyer as soon as you are summoned by the police: statements taken in police custody weigh heavily on what follows.
- The time limit for a criminal appeal (ten days) is very short.
- The victim must join the proceedings as a civil party to obtain compensation before the criminal court.
The English text on this page, including the quoted articles, is an unofficial translation. Information sheet prepared by Maître Lahfaia Law Firm, Rabat. It does not constitute legal advice. Only the text published in the Official Bulletin of the Kingdom of Morocco is authoritative; the articles cited may have been amended since this sheet was written.