The development of the bill relating to the Code of Criminal Procedure is part of an innovative and sophisticated approach, adapted to contemporary challenges. This text also complies with a set of fundamental principles, considered as constants, which guide the strategies of national criminal policy, affirmed Wednesday the Minister of Justice, Abdellatif Ouahbi.
The Minister of Justice presented, this Wednesday, January 22, 2025, before the Committee on Justice, Legislation and Human Rights in the House of Representatives, the ins and outs of the bill on the Code of Criminal Procedure . This reform concerns more than 420 articles, with amendments, additions, repeals and deletions.
Among the main new features, Ouahbi highlighted the revision of the conditions of police custody, aiming to rationalize its use and limit the cases where it can be applied. An audio-visual recording mechanism will be put in place for the suspect’s statements, thus guaranteeing better respect for individual rights, in particular for sentences exceeding 5 years.
The bill presents itself as a major step forward in protecting the dignity of those arrested. It introduces rigorous standards for pre-trial detention, imposing justified detention periods. In addition, it strengthens the right to defense by granting suspects the right to communicate with a lawyer from the first hour of detention, and by providing for the presence of the lawyer during hearings of vulnerable people.
The minister also mentioned the expansion of offenses that could be the subject of conciliation and the establishment of mechanisms allowing the prosecution to carry out preliminary investigations to verify the validity of complaints, which could improve judicial efficiency. Furthermore, a magistrate will be established to optimize the management of criminal cases before the trial, thus speeding up the judicial process.
-In addition, the project strengthens the obligations of the judicial police and the prosecution, particularly in terms of medical care for suspects, and requires visits to places of detention in the event of arbitrary arrest. Extradition will not be granted if evidence suggests a risk of torture for the person concerned.
On the other hand, the new provisions also make it possible to carry out financial investigations in criminal cases, facilitating the seizure of assets resulting from crime while providing for the establishment of joint investigation teams. Particular attention will be paid to the protection of victims, ensuring their right to information and access to a lawyer, as well as increased support for women and children.
Ouahbi thus clarified that this reform is part of international standards, aimed at strengthening crime prevention. The text also introduces specific measures for the protection of minors, by prohibiting their incarceration in unsuitable conditions and guaranteeing their best interests in all procedures.
In addition, the bill plans to simplify criminal procedures and integrate electronic tools to modernize the fight against crime, in particular through incentive mechanisms linked to the execution of fines.
