Morocco Public Prosecutor’s Office Changes: What You Need to Know

Summary of Changes to the Criminal Procedure Code (CPP)

This document outlines ten key changes introduced by a recent reform of the criminal Procedure Code (CPP), aimed at modernizing the justice system. Here’s a breakdown of each change:

1. Anonymous Complaints: Investigations will no longer automatically be opened based solely on anonymous complaints. Preliminary checks to assess the credibility of the information are required before an investigation can begin.

2. Crimes Against Public Funds: Prosecutors no longer have the independant authority to investigate alleged misuse of public funds. Investigations must be initiated by the attorney General at the Court of Cassation (head of public action) following a referral from bodies like the High Council of Accounts, financial inspectorates, or anti-corruption institutions.

3. Registered Complaints – Notification & Contact Information: Decisions regarding registered complaints (dismissal, prosecution, referral) must be notified to lawyers, victims, and complainants within 15 days. providing contact information (phone, email, address) is now mandatory when filing a complaint or during hearings.

4.Placement Under Judicial Supervision: Prosecutors can now order judicial control measures (like restrictions on movement) for suspects before any formal indictment.

5. Search Warrants: Search warrants must be issued by a public prosecutor and justified by evidence of crimes or misdemeanors, or the need to enforce a judicial decision. Warrants are automatically cancelled if the suspect is arrested, the statute of limitations expires, the legal basis is invalid, or the prosecutor explicitly cancels them.

6. Financial Investigations: Prosecutors can order financial investigations to identify illicit gains derived from criminal activities like drug trafficking, human trafficking, and illegal migration.

7. Digital Search: Judicial police officers (OPJ) are authorized to conduct digital searches on computers and electronic devices during investigations, seizing evidence even if it has been deleted. Prosecutors can authorize OPJs to utilize laboratories for analysis of seized materials.

8. Conciliation: Prosecutors can now propose criminal conciliation between parties as an option to prosecution, expanding the scope to include offenses like theft, fraud, violence, and breach of trust.

9. New Investigative Technologies: The CPP now incorporates procedures for utilizing voice recordings, photos, electronic data, and location data during investigations.

10. Police Custody: Detention of a suspect requires specific justification. Suspects have the right to contact a lawyer from the first hour of custody, and extensions of custody must be approved by magistrates within the Public Prosecutor’s Office.

In essence, these changes aim to increase accountability, streamline investigations, leverage technology, and offer alternative dispute resolution methods within the criminal justice system.