+212 661 66 22 52 h.hichami.avocat@gmail.com Mon – Fri · 09:00 AM – 05:00 PM

Practice 05

Criminal Law

Defense and advice before the criminal courts for petty offenses, misdemeanors and felonies — as well as representation of victims.

Urgent situation

If you or a relative are currently in police custody, or have been summoned by the judicial police, do not wait. Call the office immediately on +212 661 66 22 52. The office handles emergencies, including outside opening hours.

The first hours decide everything

In criminal matters, what happens in the first hours of police custody weighs on the entire proceedings, sometimes for years. Statements taken at this stage remain in the file and will be read by every judge who handles the case afterwards.

A statement made out of fatigue, panic or in the hope of "explaining quickly to go home" can permanently fix an unfavorable version of the facts. A lawyer's assistance at this point is not a luxury: it is when it has the greatest effect.

Assistance during police custody

A person in police custody has rights guaranteed by the Moroccan Code of Criminal Procedure, which must be notified to them: information on the reasons, the right to inform a relative, a medical examination, and communication with a lawyer under the conditions and time limits set by law.

The office's role at this stage:

  • Checking the lawfulness of the measure and compliance with legal time limits
  • Speaking confidentially with the person in custody
  • Informing them of their rights, in particular the right not to incriminate themselves
  • Attending interviews under the conditions provided by law
  • Having any irregularity recorded in the official report
  • Preparing the appearance before the Public Prosecutor

What to tell a relative in police custody

To expressly ask to contact a lawyer and to have their family informed, to request a medical examination if they feel unwell or have suffered violence, to read every report in full before signing it, and to refuse to sign any document they do not understand or that does not reflect what they said.

Defense before the courts

  • Court of First Instance — misdemeanor chamber : misdemeanors (breach of trust, fraud, issuing a bad check, violence, theft, invasion of privacy).
  • Criminal chamber of the Court of Appeal : felonies, after a preliminary investigation by the investigating judge.
  • Appellate courts and appeals to the Court of Cassation.
  • Sentence enforcement judge : sentence adjustments, conditional release.
  • Pre-trial detention : applications for provisional release and challenges to continued detention.

Matters handled

  • Economic and financial offenses — breach of trust, fraud, misuse of corporate assets, forgery and use of forgeries, bad checks.
  • Offenses against persons — assault and battery, threats, harassment, defamation and insults.
  • Offenses against property — theft, handling stolen goods, damage to property, unlawful occupation.
  • Traffic offenses — accidents causing injury, drunk driving, hit-and-run.
  • Offenses linked to business activity — directors' liability, labor law and regulatory offenses.
  • Family criminal law — family abandonment, failure to hand over a child, domestic violence.

If you are a victim

The office also represents victims of offenses. Joining the proceedings as a civil party not only allows you to obtain compensation for the harm suffered, but also gives you access to the file, the right to request investigative measures and to be heard at the hearing.

  • Filing a simple complaint or a complaint as a civil party
  • Access to the file and requests for further measures
  • Assessment and quantification of bodily, material and moral harm
  • Assistance during the medical expert examination
  • Enforcement of the decision and effective recovery of damages

A poorly drafted complaint is often dismissed

A very large number of complaints are dismissed not because the facts do not exist, but because they are written in vague terms, without legal characterization and without usable supporting documents. A complaint prepared by a lawyer, precisely characterizing the offense and accompanied by evidence, is treated very differently.

Frequently asked questions

Criminal Law

No one is required to contribute to their own incrimination. You may choose to explain yourself or to reserve your statements until your lawyer has reviewed the file. This choice is made case by case: in some situations, explaining immediately is the best strategy; in others, it is exactly what you should not do.
Do not attend without first seeking advice. A summons may concern you as a witness or as a suspect, and the distinction changes everything. The office determines your likely status, prepares the interview with you and accompanies you. Ignoring a summons, however, is a bad idea: it may lead to being brought in by force.
Issuing a check without sufficient funds is a criminal offense in Morocco, and prosecutions are frequent. Quickly settling the situation — paying the amount or reaching an agreement with the payee — is the main lever. The earlier it happens in the proceedings, the more effective it is. Seek advice before you receive a summons.
Yes. A dismissal is not final. Depending on the case, it is possible to file a complaint as a civil party, provide new evidence or bring the matter directly before the competent court. The offense must still be correctly characterized and the evidence solidly assembled — which is often where the original problem lay.

Criminal Law

A defense is prepared,
not improvised

Whether you are under suspicion or a victim, the office reviews your file and tells you precisely what to expect and what can be done.