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Morocco's criminal law code open to reform, but concerns linger over DNA database
Justice Minister Abdellatif Ouahbi recently underscored that Morocco’s Code of Criminal Law is not immutable, but rather a legal framework poised for revision. Speaking at a study session in the House of Representatives, he highlighted ongoing challenges faced by courts, particularly regarding the implementation of reforms and the establishment of a national DNA database.
Ouahbi categorically dismissed the notion that proposed amendments to the law are based on individual initiatives. He emphasized that changes are consistently rooted in government decisions. However, he acknowledged the widespread opposition to the current draft, citing concerns expressed by financial authorities, administrators, and security officials alike. "Reaching consensus means making a compromise," he stated, noting the importance of dialogue in navigating these complex legislative waters.
One of the most pressing debates revolves around the recording of police interrogations. Proposals have emerged suggesting that every stage of investigations be filmed. Nonetheless, strict penalties for leaking case files remain a contentious issue, with potential sentences extending up to 20 years. Ouahbi queried the practicality of such initiatives, asking, "Can we expect lawyers to take such risks? Even a two- or five-year sentence would be too much." He went on to question the logistics of recording practices, pondering the number of police stations and investigation units in each district and city, and who would ensure continuous recording under appropriate conditions.
In an effort to modernize courtroom processes, Ouahbi has initiated trials of courtroom recordings at the Rabat Court of Assizes, where pleadings are transcribed into written form. He noted that authorities will evaluate the system's effectiveness before deciding on broader implementation.
Yet, concerns about accuracy and accountability remain. "If the machine makes an error, who takes responsibility?" Ouahbi asked. He expressed worries about the implications of unintended content in transcripts and the authority of any monitor assigned to oversee the transformation of spoken words into official records.
Addressing the sensitive issue of crime scene reenactments, Ouahbi asserted that suspects should not be compelled into such procedures. As part of a broader digitalization initiative, Moroccan courts are preparing specialized offices to manage electronic case files. These offices will feature secure computers accessible solely to prosecutors and linked with important state institutions and financial entities. However, court presidents have raised apprehensions regarding control over these newly implemented systems.
On the topic of legal access to records, Ouahbi questioned whether lawyers should be entitled to request financial documents in cases such as alimony disputes. He also tackled the contentious proposal for a national DNA database, pointing out that a decision on whether it would fall under the jurisdiction of the Justice Ministry or law enforcement agencies remains pending. Data privacy continues to be a central issue in this ongoing debate.
In concluding his remarks, Ouahbi acknowledged the complexities associated with legal reform. "Either I push these texts forward, leaving some gaps unresolved, or I step aside for someone else, not knowing whether they would succeed in passing them at all," he remarked, highlighting the intricate balance between progress and caution in the realm of justice.