MOحAMED OUBAADI
The new Code of Criminal Procedure officially entered into force in Morocco this Monday, December 8, 2025, upsetting the balance of justice and redefining relations between the judicial system and citizens, while strengthening individual rights and regulating prerogatives of the security forces
This reform puts an end to gray areas, strengthens transparency and establishes a balance between the protection of society and guarantees of individual rights. One of the main innovations of this new Code is the adoption of the address appearing on the National Electronic Identity Card as the sole legal reference for judicial notifications.
This measure engages the responsibility of citizens in updating their data and puts an end to disputes relating to the validity of notifications, even in the event of a change of address. The Code also puts an end to the so-called « round trip » practice within the courts, by requiring the Public Prosecutor’s Office to notify the complainant and his lawyer within fifteen days, while guaranteeing the right of appeal to the Attorney General, thereby strengthening transparency and accountability at all stages of the legal process.
In terms of individual freedoms, the Code limits police custody to six exceptional cases, under strict control by the Prosecutor’s Office, and establishes the right for the suspect to contact his lawyer from the first hour of detention, constituting an effective protection of fundamental rights and preventing abuse during critical phases of the investigation.
In addition, the duration of pre-trial detention for offenses is reduced to one month, renewable only once, with a preference for alternative measures such as the electronic bracelet, in an approach aimed at balancing the protection of society and the rights of individuals. The new text also strengthens the rights of the defense, by making the medical examination compulsory on request and by conditioning the validity of the confessions to compliance with this obligation.
Lawyers can consult their clients’ files and obtain copies of documents without restrictions, constituting a major achievement in terms of rights. However, the Code limits the recording of audio-visual interrogations to specific cases and postpones the implementation of this provision for another five years, a decision criticized by former Minister of Justice Mustapha Ramid, who sees it as a step backwards from the spirit of the 2015 draft, likely to affect the transparency of investigations.
The Code also enshrines the right to silence, specifying that it cannot be interpreted as an implicit confession, thus protecting individuals against psychological pressure during interrogations. In terms of security, it introduces the system of judicial infiltration, allowing the judicial police, with the authorization of the Prosecutor’s Office, to pose as a participant or beneficiary of criminal acts in order to apprehend offenders.
Officers also have the right to verify the identity of suspected persons ed or presenting a threat to security, to take the recalcitrant to the police station and to take fingerprints, including genetic, under the control of the King’s Prosecutor. In conclusion, the new Code of Criminal Procedure constitutes a major advance in Moroccan justice, combining legal rigor and protection of individual rights.
It reaffirms Morocco’s commitment to developing a balanced, transparent and rights-respecting judicial system, thus strengthening trust between citizens and judicial institutions.
