The offences created
- Fraudulent access to all or part of an automated data processing system, and fraudulently remaining in that system.
- Obstructing or disrupting the operation of the system.
- Fraudulently entering, deleting or modifying data contained in the system.
- Penalties are increased where the offence affects the data or the operation of the system, or targets a State system.
Evidence and procedure
- Technical findings and connection logs are items of evidence assessed by the judge.
- The complaint is filed with the Crown Prosecutor (procureur du Roi) or with the specialised units of the judicial police.
- The same acts may give rise to the civil liability of the perpetrator and of the perpetrator's employer.
Key articles
Art. 607-3 Criminal Code
« Fraudulently accessing all or part of an automated data processing system is punishable by imprisonment and a fine; the penalty is increased where this has resulted in the deletion or modification of data contained in the system, or in a disruption of its operation. »
A lawyer's points to watch
- Have the intrusion recorded without delay: technical logs are often overwritten by automatic rotation.
- Authorised access that continues beyond the scope of authorisation may amount to fraudulently remaining in the system.
- Disclosing personal data obtained through an intrusion adds the offences under Law 09-08.
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.