Moroccan Criminal Law: Rights, Procedures & Offences

Q: How long can Moroccan police hold someone without charge?

For most ordinary offences, police custody (garde à vue) is limited to 48 hours. The prosecutor can authorise one extension of 24–48 hours for serious cases. For terrorism or organised crime, a judicial order can extend custody up to 12 days in exceptional circumstances.

Q: How do I file a criminal complaint in Morocco?

File at a police station, at the Public Prosecutor's office of the nearest first-instance court, or by registered letter to the prosecutor. Bring your national ID, all available evidence, and a written account of the facts. You may also join the proceedings as a civil party (partie civile) to claim damages.

Q: What is the statute of limitations for criminal offences in Morocco?

The prescription period is 1 year for minor infractions, 2 years for misdemeanours, and 5 years for serious felonies. The clock starts from the date the offence was committed or discovered, and is interrupted by any official investigative act.

Morocco's criminal justice system is governed by the Penal Code (Dahir of 1962, as amended) and the Code of Criminal Procedure (Law 22-01). Whether you are a victim seeking justice or someone facing an accusation, understanding how Moroccan criminal law works is essential to protect your rights at every stage of the process.

Overview: The Three Categories of Criminal Offence

The Moroccan Penal Code divides criminal offences into three categories, each carrying different penalties and governed by different procedural rules:

Jnayat (Crimes / Felonies): The most serious offences, punishable by imprisonment of five years to life, or the death penalty in the gravest cases. Examples include premeditated murder, armed robbery, and rape.
Jnah (Misdemeanours / Délits): Mid-level offences carrying imprisonment from one month to five years, often combined with fines. Common examples include theft, fraud, assault, and drug possession for personal use.
Mokhalafa (Infractions / Contraventions): Minor violations such as traffic offences and public disturbance, typically resolved with small fines and rarely resulting in detention.

The classification determines which court has jurisdiction, which procedural rights apply, and how long an investigation may last before charges must be filed or the suspect released.

Police Custody (Garde à Vue): Duration and Legal Limits

When a person is detained for questioning by the police or gendarmerie, this is formally known as garde à vue. The law sets strict time limits:

Standard custody: A maximum of 48 hours for most ordinary offences.
Prosecutor's extension: The Public Prosecutor may authorise one extension of 24 to 48 hours in more serious cases, bringing the practical maximum to 96 hours.
Terrorism and organised crime: Under special legislation, a judicial order can authorise custody of up to 12 days in exceptional national security situations.
Minors: Special protections apply — minors must be held for shorter periods, separately from adults, with mandatory notification of their parents or legal guardian.

Any detention that exceeds the legally authorised period without judicial approval constitutes an unlawful deprivation of liberty and is itself a criminal offence.

Your Rights on Arrest

The Moroccan Constitution of 2011 and the Code of Criminal Procedure guarantee fundamental rights to anyone who is arrested or placed in custody:

Right to remain silent: You are not obliged to make any statement or answer any question that could be used against you.
Right to legal counsel: You have the right to consult a lawyer. If you cannot afford one, the court may appoint a legal aid lawyer (avocat commis d'office) free of charge.
Right to inform a family member: Police must allow you to notify a family member, close relative, or employer of your detention without unreasonable delay.
Right to a medical examination: You may request a medical examination at any point during custody, especially if you allege mistreatment.
Right to be informed of charges: Authorities must tell you clearly why you have been arrested, in a language you understand.

Common Criminal Offences Under the Penal Code

The following offences account for a large share of criminal proceedings in Morocco:

Theft (Article 505): Simple theft carries one to five years' imprisonment. Aggravated theft — committed at night, with weapons, or in groups — is classified as a felony with harsher penalties.
Fraud and Swindling (Article 540): Obtaining property or money through deception, false identity, or abuse of trust is punishable by one to five years and fines.
Assault and Battery: Penalties range from fines for minor assault to lengthy prison terms for assault resulting in permanent disability, or causing death without intent.
Drug Possession (Law 61-00): Possession for personal use carries two months to two years; drug trafficking is a felony carrying up to thirty years' imprisonment.
Cheque Fraud: Issuing a cheque without sufficient funds is a specific criminal offence under the Commercial Code and can result in imprisonment and commercial blacklisting.

The Court Process: Investigation to Cassation

A criminal case in Morocco typically passes through the following stages:

Police investigation: Police gather evidence, interview witnesses, and prepare a report for the prosecutor under the supervision of the Public Prosecutor's office (Parquet).
Judicial investigation (instruction): For serious crimes, an independent investigating judge (juge d'instruction) examines evidence, may order searches or provisional detention, and ultimately decides whether there is sufficient cause to send the case to trial.
Trial at first-instance court: Misdemeanours are tried by the Criminal Chamber of the first-instance court. Felonies are tried by the Criminal Chamber of the Court of Appeal.
Court of Appeal (Cour d'Appel): Either party may appeal the verdict on questions of fact and law within the prescribed delay.
Court of Cassation (Cour de Cassation): Morocco's highest court reviews cases only on questions of law — it cannot re-examine the facts of the case.

How to File a Criminal Complaint (Plainte)

Any victim of a criminal offence in Morocco has the right to initiate a formal prosecution:

Who can file: The victim directly, or their legal guardian if the victim is a minor or legally incapacitated.
Where to go: A police station or gendarmerie post, the Public Prosecutor's office at the nearest first-instance court, or by registered letter sent directly to the prosecutor.
What to bring: Your national identity card (CIN), any documentary evidence (contracts, photographs, medical certificates, screenshots), witness names and contact details, and a written account of the events.
Civil party status (partie civile): By formally joining criminal proceedings as a civil party, you can simultaneously claim financial compensation for the harm suffered.

Statute of Limitations (Prescription des actions publiques)

Moroccan law sets strict deadlines within which the state must initiate prosecution, after which the offence is time-barred:

Minor infractions (Mokhalafa): 1 year from the date of the offence.
Misdemeanours (Jnah): 2 years from the date the offence was committed or, where it was concealed, from the date of discovery.
Felonies (Jnayat): 5 years from the commission of the offence.

The limitation period is interrupted by any official act of investigation or prosecution — for example, a formal summons, a search warrant, or the opening of a judicial investigation. Terrorism offences, crimes against humanity, and sexual crimes against minors are either subject to extended limitation periods or are imprescriptible altogether.

Have a question about a criminal matter in Morocco? Ask AdalaApp's AI legal assistant — available in Arabic, French, and English, 24 hours a day.

Ask AdalaApp Free

Frequently Asked Questions

How long can Moroccan police hold someone without charge?

For most ordinary offences, police custody (garde à vue) is capped at 48 hours. The Public Prosecutor can authorise a single extension for an additional 24–48 hours in serious cases. For terrorism or organised crime, a judicial order may extend custody to up to 12 days. Any detention beyond legal limits is unlawful and can be challenged before the court.

What rights do I have if arrested in Morocco?

You have the right to remain silent, the right to a lawyer (or court-appointed legal aid at no cost), the right to notify a family member or employer, the right to a medical examination, and the right to be informed of the charges against you in a language you understand. These rights are embedded in the 2011 Constitution and the Code of Criminal Procedure.

How do I file a criminal complaint in Morocco?

You can file at a police station, at the Public Prosecutor's office at the nearest first-instance court, or by registered post to the prosecutor. Bring your national ID, all available evidence, and a written account of events. You may additionally join the proceedings as a civil party to claim financial compensation alongside the criminal action.

What is the statute of limitations for criminal offences in Morocco?

The limitation period is 1 year for minor infractions, 2 years for misdemeanours, and 5 years for serious felonies, counted from the date of the offence or its discovery. These periods are interrupted by any official investigative or prosecutorial act. Terrorism and crimes against minors may have longer or imprescriptible periods.