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Code of Criminal Procedure: The draft law presented in plenary before the first Chamber

Presenting draft law 03.23 relating to the Code of Criminal Procedure before the Chamber of Representatives, the Minister of Justice, Abdellatif Ouahbi, highlighted the innovations of a text that fits into a global vision of modernization of criminal justice.

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As part of the vast reform project of justice undertaken by the Kingdom of Morocco, Abdellatif Ouahbi, Minister of Justice, presented this Tuesday, May 20, before the Chamber of Representatives, draft law no. 03.23 amending and supplementing law no. 22.01 relating to the Code of Criminal Procedure, recently adopted by the Commission of Justice, Legislation and Human Rights during its session of May 13.

During his speech, the minister emphasized the crucial importance of this text which fits into a global vision of modernization of criminal justice, in harmony with the provisions of the Constitution, the international commitments of the Kingdom, and the imperatives of respect for fundamental rights and freedoms, indicates a statement from the Ministry of Justice.

Qualifying this text as a «true Constitution of criminal justice», Ouahbi insisted on its dual vocation. On the one hand, to strengthen the tools to fight crime, including organized crime and new types of offenses such as cybercrime, and on the other hand, to guarantee the rights of defendants, ensuring a balance between the effectiveness of prosecutions and respect for the principles of a fair trial.

Among the main innovations of the draft are notably the strengthening of legal guarantees during the investigation phase, the affirmation of the principle of the presumption of innocence, and the prohibition of equating silence with a confession. Also, he added, this text aims to protect victims of human trafficking according to international standards, expand the use of digital tools in judicial procedures, rationalize the use of preventive detention, promote alternatives to incarceration, and simplify reintegration procedures, through measures of rehabilitation and payment of fines.

The minister also recalled that this text fits into a coherent dynamic alongside other recent laws, such as those relating to alternative sentences and the management of penitentiary establishments, with the aim of profoundly rethinking the Moroccan criminal justice system.