Shall be guilty of an offence against the internal security of the State and punished by death: 1° Any person who, without right or legitimate cause, takes or exercises command of an army unit, one or more warships, one or more military aircraft, a fortified place, a military post, a port or a city; 2° Any person who retains, co…
Penal Code
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Shall be guilty of an offence against the internal security of the State and punished by death, any person who, either in order to seize public funds, or to invade domains, properties, places, cities, fortresses, posts, stores, arsenals, ports, vessels or buildings belonging to the State, or to pillage or share national public p…
Where one of the crimes provided for in Article 201 has been carried out or merely attempted by a band, the penalties prescribed in that Article shall, under the conditions provided for in Article 171, be applied to all individuals forming part of the band, without distinction of rank.
Where the seditious assembly has had as its purpose or result one of the crimes provided for in Article 203, the individuals forming part of such bands without exercising therein any command or specific function and who have been apprehended at the place of the assembly shall be punished by reclusion of five to twenty years.
Shall be guilty of an offence against the internal security of the State and punished by imprisonment of one to five years and a fine of 1,000 to 10,000 dirhams, anyone who, directly or indirectly, receives from a foreign person or organization, in whatever form, gifts, presents, loans or other advantages intended or used in who…
In the cases provided for in the preceding Article, confiscation of the funds or objects received shall be mandatory. The offender may, in addition, be deprived, in whole or in part, of the rights mentioned in Article 40. SECTION IV PROVISIONS COMMON TO THIS CHAPTER (Articles 208 to 218)
Those who, knowing the purpose and character of the armed bands provided for in Articles 171, 203 and 205, have, without constraint, supplied them with accommodation, places of retreat or meeting, shall be punished by reclusion of five to ten years.
Any person who, having knowledge of projects or acts tending to the perpetration of acts punishable by a criminal penalty under the provisions of this chapter, fails, from the moment he becomes aware of them, to report them to the judicial, administrative or military authorities, is guilty of failure to report an attack against State security and shall be punished by imprisonment of two to five years and a fine of 1,000 to 10,000 dirhams.
In the case provided for in the preceding article, the offender may also be subject to the deprivation of one or more of the rights mentioned in article 40 and to a prohibition of residence which may not exceed ten years.
Shall benefit from an absolute excuse, under the conditions provided for in articles 143 to 145, the offender who, before any execution or attempt of a crime or offence against State security, has been the first to inform the authorities referred to in article 209 of these offences and of their perpetrators or accomplices.
The absolute excuse provided for in the preceding article is merely optional if the denunciation occurs after the consummation or attempt of the crime or offence, but before the opening of proceedings.
Those who, having been part of armed gangs without exercising any command therein and without holding any specific position therein, withdrew at the first warning of the civil or military authorities, or even subsequently when they were apprehended outside the places of the seditious assembly, unarmed and without offering resistance, shall benefit from an absolute excuse for the acts of sedition provided for in articles 203 to 205.
Beneficiaries of an absolute excuse remain punishable for the other crimes or offences they may have personally committed during or on the occasion of the sedition.
Individuals who have been exempted from penalty by application of articles 211 and 213 may, by virtue of the provisions of article 145, be subject to security measures.
The crimes and offences provided for in this chapter shall be investigated and tried as a priority, as urgent matters.
In the matters provided for in this chapter, the committal order of the indictment chamber before the criminal court may be subject only to the appeal in cassation under article 451 (last paragraph) of the Code of Criminal Procedure49, to the exclusion of the special appeal referred to in article 452 of the same Code50.
1 The following offences constitute acts of terrorism when they are intentionally related to an individual or collective undertaking whose purpose is serious harm to public order by intimidation, terror or violence: 1) intentional attack on the lives or physical integrity of persons, or on their freedoms, abduction or confinemen…
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Offences committed on the occasion of elections as well as on the occasion of referendum operations, whether before, during or after the poll, are punishable as provided by the legislation relating to these matters59. SECTION II OFFENCES RELATING TO THE EXERCISE OF RELIGIOUS WORSHIP (Articles 220 to 223)
Whoever, by violence or threats, has constrained or prevented one or more persons from exercising a worship, or from attending 59 - Article amended by the sole article of Law No. 16-92 amending Article 219 of the Penal Code, promulgated by dahir No. 1-92-131 of 26 safar 1413 (26 August 1992), Bulletin Officiel No. 4166 of 4 rebi…
Whoever wilfully obstructs the exercise of a religion or a religious ceremony, or wilfully causes a disturbance likely to trouble its serenity, is punishable by imprisonment of six months to three years and a fine of 20061 to 500 dirhams.
Any person who, being notoriously known to belong to the Muslim religion, openly breaks the fast in a public place during Ramadan, without a reason admitted by that religion, is punished by imprisonment from one to six months and a fine of 200 to 500 dirhams62.
Whosoever wilfully destroys, damages or defiles buildings, monuments or objects used for worship is punished by imprisonment from six months to three years and a fine of 100 to 500 dirhams63. 60 - cf. supra note relating to Article 111. 61 - Ibid. 62 - After the minimum of misdemeanour fines had been raised to 200 dirhams pursua…
For the application of the criminal law, public officials are deemed to be all persons who, under any designation and to any extent whatsoever, are invested with a function or mandate, even temporary, paid or unpaid, and who contribute in that capacity to the service of the State, public administrations, municipalities, public e…
Any magistrate, any public official, any agent or subordinate of the authority or of the public force who orders or performs any arbitrary act infringing either individual liberty or the civic rights of one or more citizens is punished by civil degradation. If he proves that he acted on the order of his hierarchical superiors in…
The crimes provided for in Article 225 engage the personal civil liability of their perpetrator as well as that of the State, without prejudice to the latter's recourse against the said perpetrator.
Public officials, agents of the public force, and agents of the public authority responsible for administrative or judicial police who have refused or neglected to comply with a complaint seeking to establish unlawful and arbitrary detention, whether in establishments or premises used for the custody of detainees or anywhere else, and who do not prove that they reported it to the higher authority, are punished by civil degradation.
Any supervisor or guard of a penitentiary establishment or of premises assigned to the custody of detainees who has received a prisoner without one of the regular detention warrants provided for in article 653 of the Code of Criminal Procedure65, or has refused, without justifying the prohibition of the investigating magistrate,…
Any magistrate of the judicial order, any judicial police officer who, outside the case of flagrant offence, initiates prosecutions, issues or signs an order or judgment, or delivers a judicial warrant against a person who was entitled to immunity, without having previously obtained the lifting of that immunity in the legal form…
Any magistrate, any public official, any agent or officer of the authority or of the public force who, acting as such, enters a private individual's dwelling against that person's will, outside the cases provided by law, is punishable by imprisonment from one month to one year and a fine of 20068 to 500 dirhams. The provisions of article 225, paragraph 2°, are applicable to the offence provided for by this article.
170 For the purposes of this section, the term torture means any act that causes severe physical or mental pain or suffering, intentionally committed by a public official or at his instigation or with his express or tacit consent, inflicted on a person for the purposes of intimidating him or exerting pressure on him or exerting…
Text available in Arabic only.
Text available in Arabic only.
Text available in Arabic only.
Text available in Arabic only.
Text available in Arabic only.
Text available in Arabic only.
Text available in Arabic only.
Text available in Arabic only.