Morocco adopts a new version of the law on “criminal procedure” which excludes members of the government from legal proceedings and prevents associations for the protection of public finances from going to court.
This new bill on criminal procedure is widely criticized by the opposition and civil society. For them, through this text, the government wants to prevent NGOs from filing complaints against corrupt senior officials.
For its part, the Moroccan government considers this new text as “one of the most important legislative projects launched by the Ministry of Justice, because it constitutes the main engine of the criminal justice system and is closely linked to the protection of rights and freedoms, the achievement of public security and the fight against crime”.
However, according to some opponents, this controversial bill limits the entities authorized to request the opening of judicial investigations concerning crimes linked to public finances and prevents civil society from filing complaints in this regard.
It stipulates: “Investigations and prosecution of offenses affecting public finances can only be carried out at the request of the Prosecutor General at the Court of Cassation in his capacity as President of the Public Prosecutor’s Office, based on a reference from the Superior Council of Accounts, or request accompanied by a report from the General Inspectorate of Finance, the General Inspectorate of Territorial Administration or the General Inspectorates of the Ministries or administrations concerned, or on a reference from the National Authority of Transparency, Prevention of Corruption and Fight against Corruption or any other entity expressly authorized by law. “.
For civil society, the real objective of this approach is to “strive society, individuals and groups, of all legal, procedural and rights tools and means to fight against corruption and thieves of public finances, as well as to request the responsibility and accountability. It appears that the beneficiaries of the corruption system believe that the current context makes it possible to pass laws like this, which fundamentally constitute a step backward in terms of rights and the constitution.”
