Abstract
This article offers a critical reading of the Moroccan Code of Criminal Procedure through the lens of the functions assigned to the public prosecution (ministère public), treated as the cornerstone of criminal procedure and as a barometer of the balance criminal law must strike between safeguarding public order and guaranteeing individual liberties. After a historical sketch tracing the institution to the French Protectorate (Dahir of 12 August 1913) and its later evolution, the author examines how the prosecution oversees and encroaches upon the investigating judge, and how it exercises investigative powers directly, especially in cases of flagrante delicto and following the transitional procedures introduced by the Dahir of 28 September 1974. He argues that successive reforms expanded prosecutorial powers at the expense of the separation of judicial functions, the presumption of innocence, and defendants' guarantees, producing a form of 'summary justice.' The author calls for restoring procedural balance and for ethical criminal procedure protecting citizens' dignity.
Recommended Citation
Jouhar, Mohamed
(1990)
"A Reading of Moroccan Criminal Procedure Through Some of the Functions Assigned to the Public Prosecution,"
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management): Vol. 9:
Iss.
2, Article 1.
https://doi.org/10.66499/2665-7112.1629
Available at:
https://scholarhub.univh2c.ma/remadeg/vol9/iss2/1
DOI
10.66499/2665-7112.1629