In the event of a conviction to imprisonment or to a non-contraventional fine, if the accused has not previously been sentenced 17 - Bulletin Officiel n° 2365 of 21 février 1958, p. 359. 18 - Articles 648 to 653 of law n° 22.01 on criminal procedure referred to above. - - to imprisonment for a crime or offence under ordinary law, the trial court may, by a reasoned provision of its decision, order that execution of the penalty be suspended.
Penal Code
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The conviction shall be deemed not to have occurred if, during a period of five years from the day on which the judgment or decision granting the suspension became irrevocable, the convicted person commits no crime or offence under ordinary law giving rise to a conviction to imprisonment or to a more severe penalty. If, on the c…
The suspension granted has no effect on payment of the costs of the proceedings and of civil compensation. It does not extend to accessory penalties or to incapacities resulting from the conviction. However, those accessory penalties and incapacities shall cease automatically from the day on which, by application of the provisions of the first paragraph of the preceding article, the conviction is deemed not to have occurred.
When the convicted person is present at the hearing, the president of the court must, immediately after the pronouncement of the decision granting the suspension, warn him that in the event of a new conviction under the conditions provided for in article 56, he will have to execute the penalty without any possible confusion with the one subsequently imposed and that he will possibly incur the aggravated penalties of recidivism.
Conditional release entitles the convicted person, by reason of his good conduct in the penitentiary establishment, to early release, on condition that he conduct himself honestly in the future - - and subject to the condition that he will be reincarcerated to serve the remainder of his penalty in the event of duly established b…
Rehabilitation is not a cause of extinction, exemption or suspension of the penalty; it only erases for the future and under the conditions provided for in articles 730 to 747 of the Code of Criminal Procedure20, the effects of the conviction and the incapacities resulting therefrom. TITLE II SECURITY MEASURES (Articles 61 to 104) CHAPTER ONE VARIOUS PERSONAL OR REAL SECURITY MEASURES (Articles 61 to 92)
Personal security measures are: 1° Relegation; 2° The obligation to reside in a determined place; 3° The prohibition of residence; 4° Judicial internment in a psychiatric establishment; 5° Judicial placement in a therapeutic establishment; 6° Judicial placement in an agricultural colony; 7° Incapacity to exercise any public func…
Real security measures are: 1° Confiscation of objects connected with the offence or of harmful or dangerous objects, or objects whose possession is unlawful; 2° Closure of the establishment that was used to commit an offence.
Relegation consists in internment in a work establishment, under an appropriate regime of social rehabilitation, of recidivists falling within the conditions enumerated in Articles 65 and 66 below.
Text available in Arabic only.
The following acts are considered unlawful and, for the purposes of Articles 61 to 63, are treated as an infringement of the rights of authors and other copyright holders: (a) The manufacture or importation, for sale or rental, of a device or means specially designed or adapted to render inoperative any device or means used to p…
May be relegated, recidivists who, within an interval of ten years, not including the duration of penalties actually served, have, in any order whatsoever, incurred: 1. Three convictions, one of which to reclusion and the other two to imprisonment for acts classified as crimes or to imprisonment of more than six months for theft…
Any relegated person who, within ten years of his release, has committed a crime or an offence specified under number one of the preceding Article and for which he has been sentenced to a penalty of more than one year's imprisonment shall, upon the expiry of that penalty, be relegated again for a duration which may not be less than ten years.
Shall be punished by imprisonment of two (2) months to two (2) years and a fine of 10.000 to 500.000 dirhams or by one of these two penalties only, the fact, by disseminating, by any means whatsoever, false or defamatory information, by putting on the market offers intended to disturb prices or overbids made at the prices asked…
In all cases provided for in Articles 67 and 68 above, the offender may be subjected, independently of the application of Article 87 of the Penal Code, to the prohibition of one or more of the rights mentioned in Article 40 of the same Code. 108 - cf. supra note corresponding to Article 111. - - CHAPTER V OF CRIMES AND OFFENCES…
Any court which pronounces a conviction for an offence against the security of the State may, if the facts reveal on the part of the convicted person habitual activities dangerous to social order, assign to that convicted person a place of residence or a determined perimeter, from which he may not move away without authorization…
The prohibition of residence consists in the prohibition imposed on the convicted person from appearing in certain determined places and for a determined duration, where, by reason of the nature of the act committed, the personality of its perpetrator, or other circumstances, the court considers that the residence of that convicted person in the aforementioned places constitutes a danger to public order or the safety of persons.
The prohibition of residence may always be ordered in the case of a conviction pronounced for an act classified as a crime by law. It may be ordered in the case of a conviction to imprisonment for an offence, but only where it is specially provided for by the text punishing that offence. It never applies as of right and must be…
The prohibition of residence may be pronounced for a duration of five to twenty years for persons sentenced to the penalty of reclusion and for a duration of two to ten years for persons sentenced to the penalty of imprisonment. The effects and the duration of that prohibition begin only on the day of the release of the convicted person and after the order of prohibition of residence has been notified to him.
The order prohibiting residence is established by the Director General of National Security. It contains the list of places or perimeters prohibited to the convicted person; this list includes the places or perimeters prohibited in a general manner and, where applicable, those specifically prohibited by the judicial decision of…
Judicial internment in a psychiatric establishment consists in the placement, in an appropriate establishment, by decision of a trial court, of an individual presumed to be the perpetrator, co-perpetrator or accomplice of a crime or offence, who, by reason of disorders of his mental faculties existing at the time of the acts imp…
When a trial court considers, after medical expertise, that the individual brought before it under an accusation of a crime or a charge of an offence was totally not criminally responsible by reason of mental disorders existing at the time of the acts imputed to him, it must: 1. Find that the accused or the defendant was, at the…
Judicial internment shall continue for as long as public safety and the cure of the interned person require it. The interned person must initially be placed under observation. He must be examined whenever the psychiatrist requires it as necessary, and in all cases every six months. When the treating psychiatrist considers that j…
When a trial court considers, after medical expertise, that the perpetrator of a crime or offence, although in a state to ensure his defence during the proceedings, was nevertheless affected, at the time of the acts imputed to him, by a weakening of his mental faculties entailing a partial diminution of his responsibility, it mu…
When a trial court considers, after medical expertise, that the individual brought before it under an accusation of a crime or a charge of an offence was responsible in whole or in part at the time of the acts imputed to him, but that, by reason of disorders of his mental faculties arising or aggravated subsequently, he is unabl…
Judicial placement in a therapeutic establishment consists in the placing under supervision, in an appropriate establishment, by decision of a trial court, of an individual who is the perpetrator, co-perpetrator or accomplice either of a crime or of a correctional or police offence, suffering from chronic intoxication caused by alcohol or narcotics, where the criminality of the perpetrator of the offence appears to be linked to that intoxication.
When a trial court considers that it should apply the provisions of the preceding article, it must: 1. Declare that the act prosecuted is imputable to the accused or the defendant; 2. Expressly find that the criminality of the perpetrator of the offence appears to be linked to chronic intoxication caused by alcohol or narcotics;…
The measure of judicial placement in a therapeutic establishment is revoked when it is found that the causes that had brought it about have disappeared. When the chief physician of the therapeutic establishment considers that this measure should be ended, he shall inform the head of the Public Prosecutor's Office at the Court of…
Judicial placement in an agricultural colony consists in the obligation imposed by the decision of the trial court on a person convicted of a crime or of any offence legally punishable by imprisonment to reside in a specialised centre where he will be employed in agricultural work, where the criminality of that convicted person…
When a trial court considers that it must apply the provisions of the preceding article, it shall: 1° Declare that the act prosecuted is attributable to the accused or the defendant; 2° Expressly find that this act is linked to the convicted person's habits of idleness or that it has been established that the latter habitually d…
The judicial placement measure provided for in article 83 is revoked when the conduct of the convicted person gives rise to a presumption of his reform. - - The revocation decision is taken, on the proposal of the director of the agricultural colony, by the trial court that ordered it. Where the placement has been ordered by a c…
Disqualification from holding any public office or employment must be pronounced by the court in the cases provided for by law and where the offence constitutes an act of terrorism28. Outside these cases, it may be pronounced where the court finds and declares, by an express provision in the decision, that the offence committed…
The prohibition to exercise a profession, activity or art must be pronounced against persons convicted of a crime or offence where the court finds that the offence committed has a direct relation with the exercise of the profession, activity or art, and that there are grave fears that, by continuing to exercise them, the convict…
129 In the event of a conviction for harassment, assault, sexual exploitation, ill-treatment or violence committed against women or minors, whatever the nature of the act or its perpetrator, the court may decide as follows: 1. Prohibit the convicted person from contacting the victim or approaching the place where she is located…
Text available in Arabic only.
Text available in Arabic only.
Text available in Arabic only.
Confiscation of the objects and things whose manufacture, use, carrying, possession or sale constitutes an offence is ordered as a security measure, even if they belong to a third party and even if no conviction is pronounced.
The closure of a commercial or industrial establishment may be ordered, definitively or temporarily, where it has served to commit an offence with abuse of the authorisation or licence obtained or non-observance of administrative regulations. - - The closure, in the cases provided by law, of a commercial or industrial establishm…
Where several security measures that cannot be executed simultaneously have been pronounced with respect to the same person, it is for the last court seised to determine their order of execution. However, measures of judicial internment in a psychiatric establishment or of judicial placement in a therapeutic establishment are always executed first.
If, in the course of the execution of a measure depriving or restricting liberty, the person subject to that measure is sentenced for another crime or offence to a custodial sentence, the execution of the security measure other than judicial placement in a therapeutic establishment is suspended, and the new sentence is served. CHAPTER II CAUSES OF EXTINCTION, EXEMPTION OR SUSPENSION OF SECURITY MEASURES (Articles 93 to 104)
Subject to the provisions of articles 103 and 104, the causes of extinction, exemption or suspension of security measures are: 1° the death of the convicted person; 2° amnesty; - - 3° the repeal of the criminal law; 4° pardon; 5° prescription; 6° conditional release; 7° rehabilitation; 8° settlement, where the law expressly provides for it. Suspension of execution of the sentence has no effect on security measures.
The death of the convicted person does not prevent the execution of security measures in rem.
A law granting amnesty for the offence or the principal sentence, unless it decides otherwise by an express provision, stops the execution of personal security measures and remains without effect on security measures in rem.
The repeal of the criminal law terminates the execution of security measures under the conditions provided for in article 9.
Remission by way of pardon of the principal sentence extends to security measures only if expressly so decided by the decision granting it.
Prescription of the principal sentence does not entail prescription of the security measures.
A security measure that has remained unexecuted is prescribed by a period of five years running from either the expiration of the custodial sentence actually served, or the payment of the fine, or the day on which prescription of the sentence is acquired. - - However, where the security measure had been ordered for a period of more than five years, prescription is acquired only upon the expiration of an equal period.
The provisions of articles 98 and 99 apply to prohibition of residence only subject to the rules laid down by article 689 of the Code of Criminal Procedure and 73, paragraph 2 of this Code30.
The decision granting conditional release may suspend the execution of security measures.