New Code of Criminal Procedure: What Changes for Litigants

Twenty-three years after Law 22.01 of 2002, Morocco has adopted a new Code of Criminal Procedure. Law No. 03.23, published in Official Gazette No. 7437 on 8 September 2025, entered into force on 8 December 2025. It amends more than 420 provisions and significantly reshapes the way criminal justice deals with suspects, victims and civil parties.

1. A text adopted after a closely debated legislative process

The bill began its legislative journey on 29 August 2024, following approval by the Government Council. It generated substantial debate, particularly around Articles 3 and 7 governing associations’ standing to bring proceedings concerning the protection of public funds — provisions that some legal professionals viewed as potentially limiting the fight against corruption.

Despite these debates, the text was finally adopted by both chambers of Parliament, enacted and published in Official Gazette No. 7437 on 8 September 2025. Under its transitional provisions, it entered into force three months after publication, on 8 December 2025.

2. Police custody: an exceptional measure with stronger safeguards

The new text confirms the exceptional nature of police custody, now reserved for serious crimes and offences. Any extension must be based on a written decision by the prosecution, strengthening procedural traceability.

As regards defence rights, the reform introduces concrete safeguards:

• The suspect may contact a lawyer from the first hour following arrest, without having to wait for prior authorisation from the prosecution.
• Basic identity verification is strictly limited to four hours, renewable once with prosecutorial authorisation, with an obligation to inform the family or lawyer.
• A person held in police custody may be subject to a mandatory medical examination where their condition warrants it, helping prevent ill-treatment.
• Audiovisual recording of judicial police reports becomes mandatory in cases punishable by more than five years’ imprisonment, covering the reading of the report and its signature or refusal to sign.

3. Pre-trial detention restricted and alternatives promoted

The legislature has confirmed the exceptional nature of pre-trial detention and tightened the conditions for its use. The objective is to limit pre-trial incarceration to cases of genuine necessity. At the same time, the reform expands alternatives to imprisonment, including mediation, criminal settlement and substitute measures.

The scope of criminal settlement is also expanded to offences punishable by two years’ imprisonment or less, or by a fine not exceeding MAD 100,000. Prosecutors are encouraged to favour mediation before bringing proceedings, with lawyers playing a central role.

As for civil imprisonment, the threshold has been raised: it cannot now be applied where the amount due is below MAD 8,000. It is also prohibited for pregnant women, breastfeeding mothers until two years after childbirth, and persons over 60. It may not be enforced simultaneously against both spouses.

4. Stronger rights for victims and minors

The reform introduces an important advance for victims: they may now address the court after each witness testimony, a right previously associated mainly with the accused. Social assistance offices within courts also receive a strengthened role, particularly in supporting victims of violence, human trafficking and ill-treatment, especially women and children.

For minors, the text requires the legal guardian to be informed immediately when a minor is stopped for identity verification, and prohibits questioning without the presence of the legal representative.

5. Fair-trial safeguards and digital justice

The principle of the presumption of innocence is reaffirmed: any doubt must be interpreted in favour of the accused. A lawyer may also assist the client from questioning before the prosecution, with broader powers including requesting a medical examination, producing documents, making observations and asking questions at the end of the interview.

In response to the growth of online crime, the law provides modern legal tools to combat cybercrime while strengthening protection of children against digital exploitation. It also expands the use of the single judge for straightforward cases, allowing panels of judges to focus on more complex matters.