During a recent podcast dedicated to cybercrime, lawyer Mariam El Idrissi Jamal highlighted the legal challenges and sanctions governing offenses committed in the digital space. According to her, although the Moroccan legislator has made efforts to adapt the legal framework to new digital realities, gaps persist, particularly with regard to specific sanctions for electronic crimes.
In the Moroccan Penal Code, offenses such as online fraud are dealt with under the chapter of classic scams, notably in article 540. The penalties incurred vary between 1 year and 5 years in prison, with a fine which can range from 500 to 5,000 dirhams. However, in aggravated cases, such as the use of fraudulent documents or impact on monetary policy, penalties can be increased to 10 years in prison.
Mariam El Idrissi Jamal emphasizes that these sanctions, although severe, do not sufficiently take into account the specificity of electronic crimes. “Electronic fraud is not a new form of fraud, but a classic scam committed in a digital space. Yet this space imposes unique challenges in terms of proof, traceability and impact,” she explains.
An evolving legal framework
Morocco has recently strengthened its legal arsenal to fight against cybercrime, notably through Law 05-20 relating to cybercrime, which entered into force in 2020. This law aims to criminalize acts such as computer hacking, theft of identity and the dissemination of illicit content online. However, according to the lawyer, there is still a way to go to fully adapt sanctions to digital realities.
“The Moroccan legislator has made notable efforts, but we must go further. For example, sanctions for electronic blackmail or online harassment should be clearer and more dissuasive,” she says.
Alarming figures
Recent statistics show a worrying increase in online crimes. In just three months, the General Directorate of National Security received 7,083 reports related to cybercrime in 2024, 60% of which concerned online scams and fraud. These figures reflect the scale of the phenomenon and the need to strengthen prevention and repression mechanisms.
-The challenges of proof and international cooperation
One of the main obstacles in the fight against cybercrime is the collection of evidence. “In the digital space, traces are often volatile and difficult to authenticate. This requires technical expertise that Moroccan courts do not always possess,” explains Mariam El Idrissi Jamal.
Additionally, the cross-border nature of online crimes requires enhanced international cooperation. Morocco, signatory to the Budapest Convention on Cybercrime, must further improve its collaboration mechanisms with other countries to track down cybercriminals operating from abroad.
For the lawyer, it is essential to modernize the Moroccan judicial system to face these new challenges. “We need specialized judges, prosecutors trained in digital issues and more precise legislation. Sanctions must be proportional to the seriousness of the offenses and their impact on the victims,” she insists.
She cites in particular the case of electronic blackmail, which can have devastating consequences on the private lives and mental health of victims. “Criminals exploit weaknesses in the system to intimidate and threaten their victims. It is time to put in place tougher sanctions to deter these practices,” she concludes.
Rachid Mahmoudi
