The rehabilitation of the convicted person granted under the conditions provided for in articles 730 to 747 of the Code of Criminal Procedure31 terminates the execution of security measures.
Penal Code
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The causes of extinction, exemption or suspension of security measures, other than death, do not apply to judicial internment in a psychiatric establishment or to judicial placement in a therapeutic establishment. These two security measures end under the conditions set by articles 78 and 82.
Forfeiture of the rights of paternal authority is subject to the rules of extinction, exemption or suspension specific to it. 30 - Article 649 of Law No. 22.01 on criminal procedure referred to above. 31 - Articles 687 to 703 of Law No. 22.01 on criminal procedure referred to above. - - TITLE III OTHER CONVICTIONS THAT MAY BE PRONOUNCED (Articles 105 to 109)
Every judgment or ruling imposing a sentence or a security measure must rule on the costs and expenses of the proceedings, under the conditions provided for in articles 347 and 349 of the Code of Criminal Procedure32. It shall also rule, where appropriate, on restitution and the award of damages.
Restitution consists in returning to their lawful owner the objects, sums of money and movable property placed in the custody of justice in connection with the prosecution of an offence. This restitution may be ordered by the court, even if the owner does not participate in the proceedings.
At the request of the victim of the offence, the court may also, by a specially reasoned provision, order restitution: 1° of the sums derived from the sale of the objects or movable property that should have been restituted in kind; 2° subject to the rights of third parties, of the objects or movable property obtained by means of the proceeds of the offence.
The award of damages must ensure to the victim full compensation for the personal, present and certain damage directly caused to the victim by the offence.
All persons convicted of the same crime, the same offence or the same contravention are, unless the judge decides otherwise, bound 32 - Articles 365 to 367 of Law No. 22.01 on criminal procedure referred to above. - - jointly and severally for fines, restitution, damages and costs. - - BOOK II APPLICATION TO THE PERPETRATOR OF THE OFFENCE OF SENTENCES AND SECURITY MEASURES (Articles 110 to 162) TITLE ONE THE OFFENCE (Articles 110 to 125)
An offence is an act or an abstention contrary to the criminal law and punished by it. CHAPTER ONE VARIOUS CATEGORIES OF OFFENCES (Articles 111 to 113)
Offences are classified as crime, correctional offence, police offence or contravention: An offence that the law punishes with one of the sentences provided for in article 16 is a crime; An offence that the law punishes with a sentence of imprisonment the maximum of which it sets at more than two years is a correctional offence;…
The category of the offence is not modified where, as a result of a cause of mitigation of sentence or because of the status of the convicted person as a repeat offender, the judge imposes a sentence relating to another category of offence.
The category of the offence is modified where, because of aggravating circumstances, the law provides a sentence relating to another category of offence. CHAPTER II ATTEMPT (Articles 114 to 117)
Any attempt to commit a felony manifested by a commencement of execution or by unequivocal acts tending directly to commit it, if it has not been suspended or if it failed to produce its effect only through circumstances independent of the will of its perpetrator, shall be assimilated to the completed felony and punished as such.
An attempt to commit a misdemeanour shall be punishable only by virtue of a special provision of the law.
An attempt to commit a petty offence shall never be punishable.
An attempt shall be punishable even where the aim sought could not be achieved by reason of a factual circumstance unknown to the perpetrator. - - CHAPTER III OF THE CONCURRENCE OF OFFENCES (Articles 118 to 123)
A single act susceptible of several legal classifications must be assessed according to the most serious of them.
The simultaneous or successive commission of several offences not separated by an irrevocable conviction constitutes concurrence of offences.
In the event of concurrence of several felonies or misdemeanours referred simultaneously to the same court, a single custodial sentence shall be imposed, the duration of which may not exceed the maximum of that prescribed by law for the punishment of the most serious offence. Where, by reason of a plurality of prosecutions, seve…
Pecuniary penalties, whether principal or ancillary to a custodial sentence, shall be cumulative, unless the judge decides otherwise by an express provision.
In the event of concurrence of several felonies or misdemeanours, ancillary penalties and security measures shall be cumulative, unless the judge decides otherwise by a reasoned provision. Security measures whose nature does not permit simultaneous execution shall be executed in the order provided for in Article 91. - -
In matters of petty offences, the cumulation of penalties is mandatory. CHAPTER IV OF JUSTIFYING FACTS WHICH ELIMINATE THE OFFENCE (Articles 124 and 125)
There is neither felony, nor misdemeanour, nor petty offence: 1° Where the act was ordered by law and commanded by legitimate authority; 2° Where the perpetrator was materially compelled to commit it or was materially placed in the impossibility of avoiding the offence, by an event arising from an external cause to which he coul…
The following are presumed to have been committed in a case of present necessity of legitimate defence: 1° Homicide committed, wounds inflicted or blows struck, in repelling, during the night, the scaling or breaking of fences, walls or the entrance of an inhabited house or apartment or of their outbuildings; 2° The offence comm…
The penalties and security measures prescribed by this Code shall apply to natural persons.
Legal persons may be sentenced only to pecuniary penalties and to the ancillary penalties provided for under numbers 5, 6 and 7 of Article 36. They may also be subject to the real security measures of Article 62. CHAPTER I OF THE PARTICIPATION OF SEVERAL PERSONS IN THE OFFENCE (Articles 128 to 131)
Are considered co-perpetrators all those who personally took part in the material execution of the offence.
Are considered accomplices to an offence classified as a felony or misdemeanour those who, without direct participation in that offence, have: 1° By gifts, promises, threats, abuse of authority or power, culpable machinations or artifices, provoked that act or given instructions to commit it; 2° Procured weapons, instruments or…
An accomplice to a felony or misdemeanour shall be punishable by the penalty punishing that felony or misdemeanour. Personal circumstances resulting in aggravation, mitigation or exemption from penalty shall have effect only with respect to the sole participant to whom they relate. Objective circumstances inherent in the offence…
A person who has determined a person not punishable by reason of a personal condition or quality to commit an offence shall be liable to the penalties punishing the offence committed by that person. CHAPTER II OF CRIMINAL RESPONSIBILITY (Articles 132 to 140) SECTION I OF PERSONS RESPONSIBLE (Articles 132 and 133)
Every person of sound mind and capable of discernment is personally responsible: For the offences that that person commits; For felonies or misdemeanours of which that person becomes an accomplice; For attempts to commit felonies; For attempts to commit certain misdemeanours that that person carries out under the conditions provided by law. - - This principle shall be departed from only where the law provides otherwise.
Felonies and misdemeanours shall be punishable only when they have been committed intentionally. Misdemeanours committed through negligence shall be exceptionally punishable in cases specially provided by law. Petty offences shall be punishable even when committed through negligence, except in cases where the law expressly requires the intent to cause harm. SECTION II OF MENTAL ALIENATION (Articles 134 to 137)
A person who, at the time of the acts imputed to him, was, as a result of disorders of his mental faculties, unable to understand or to will is not responsible and must be absolved. In matters of crimes and misdemeanours, judicial internment in a psychiatric establishment shall be ordered under the conditions provided for in art…
A person who, at the time when he committed the offence, was suffering from a weakening of his mental faculties of a nature to reduce his understanding or his will and entailing a partial diminution of his responsibility is partially irresponsible. In matters of crimes and misdemeanours, the penalties or security measures provid…
When an investigating court considers that an accused person presents manifest signs of mental alienation, it may, by reasoned decision, order his provisional placement in a psychiatric establishment with a view to his placement under observation and, where appropriate, his hospitalization under the conditions provided for by da…
Drunkenness, states of passion or emotion, or states resulting from the voluntary use of narcotic substances may in no case exclude or diminish responsibility. The guilty parties may be placed in a therapeutic establishment in accordance with the provisions of articles 80 and 81. SECTION III CRIMINAL MINORITY (Articles 138 to 140)
A minor under twelve years of age shall be considered criminally irresponsible for lack of discernment. He may be subject only to the provisions of Book III of the law relating to criminal procedure35. 34 - cf. supra note corresponding to article 111. 35 - Article amended by article 1 of Law No. 24-03 amending and supplementing the aforementioned Penal Code. - -
A minor aged twelve who has not reached eighteen years of age is criminally considered partially irresponsible by reason of an insufficiency of discernment. In the case provided for in the first paragraph of this article, the minor shall benefit from the minority excuse and may be subject only to the provisions of Book III of the law relating to criminal procedure36.
Offenders who have reached the criminal age of majority of eighteen completed years shall be deemed fully responsible37 38. CHAPTER III INDIVIDUALIZATION OF THE PENALTY (Articles 141 to 162)
Within the limits of the maximum and minimum laid down by the law punishing the offence, the judge shall have discretionary power to fix and individualize the penalty, taking into account, on the one hand, the seriousness of the offence committed and, on the other hand, the personality of the offender.
The judge shall be bound to apply to the guilty party a mitigated or aggravated penalty whenever there is proof of either one or more facts constituting a mitigating excuse, or one or more of the aggravating circumstances provided by law. He shall be bound to pronounce absolution when proof is established of the existence in fav…
Excuses are facts exhaustively determined by law which, while leaving the offence and responsibility in existence, ensure for offenders either impunity when they are absolutory, or a moderation of the penalty when they are mitigating.
Excuses are special and apply only to one or more determined offences. They are laid down by this Code, in the provisions of Book III concerning the various offences.
The absolutory excuse has the effect of procuring for the guilty party absolution exempting him from the penalty, but leaves the judge the power to apply to the absolved person personal or real security measures other than relegation. SECTION II GRANTING BY THE JUDGE OF MITIGATING CIRCUMSTANCES (Articles 146 to 151)
When, at the close of the proceedings, the criminal court seised considers that, in the case submitted to it, the criminal sanction provided by law is excessive in relation either to the seriousness of the facts or to the culpability of the perpetrator, it may, unless otherwise specially provided by law, grant the convicted pers…
If the penalty laid down by law is death, the criminal court shall apply the penalty of perpetual reclusion or that of reclusion of 20 to 30 years. If the penalty laid down is that of perpetual reclusion, the criminal court shall apply the penalty of reclusion of 10 to 30 years. If the penalty laid down is that of reclusion of 2…
If the penalty prescribed is forced residence, the court shall impose civil degradation or imprisonment of six months to two years. If the penalty prescribed is civil degradation, the court shall impose either a term of imprisonment of six months to two years or deprivation of certain rights provided for in article 26.
In matters of correctional offence, even in the case of recidivism, the judge, unless otherwise provided by law, in all cases where the penalty prescribed is that of imprisonment and fine or only one of these two penalties, may, when he finds the existence of mitigating circumstances, reduce the penalty below the legal minimum, provided however that imprisonment may not be less than one month and the fine not less than 120 dirhams43.
In matters of police offence, even in the case of recidivism, the judge, unless otherwise provided by law, may, when he finds the existence of mitigating circumstances, in cases where the penalty prescribed is that of imprisonment and fine or only one of these two penalties, reduce the penalty below the legal minimum, provided h…
In matters of contravention, even in the case of recidivism, the judge, when he finds the existence of mitigating circumstances, may reduce the 43 - Ibid. - - detention and the fine to the minimum provided for by this code for contraventional penalties; he may substitute the fine for detention in the case where the latter is prescribed by law. SECTION III AGGRAVATING CIRCUMSTANCES (Articles 152 and 153)