Minister Ouahbi : Penal code policy is at the Ministry of Justice “heart of priorities”
Minister of Justice Mr. Abdellatif Ouahbi stated last Tuesday in Rabat that his department puts the development of penal code at the heart of his concerns and priorities, adding that he has elaborated a clear legislative plan with well-defined orientations which will be reflected through many presented bills and their thorough contents.
In response to a key question on the “state of justice courts cross Morocco and challenges related to the development of penal code policy”, during a weakly oral session at the House of Counselors, Mr. Ouahbi has underlined that the Ministry of Justice has taken a series of legislative and regulations measures aimed at developing certain aspects of the Moroccan penal code policy, taking into consideration increase of criminality rate, on one hand, and harmonization with international charters and conventions to human rights, as stipulated by the 2011 constitution, on the other hand.
Those measures, added the Minister, included fundamental innovations in terms of incrimination or sanctions, both at the level of rights and freedoms and strengthening of means to fight against criminality, also in terms of modernization of mechanisms of penal justice, indicating in this regard, the reviewing of the penal code and penal code procedures.
Regarding the reviewing penal code, Minister Ouahbi has explained that the Ministry tends to present an integrated project which will include all the texts, according a holistic legislative approach which will bring answers to a number of raised issues, notably the constitutional aspects of penal measures through the ratification by Morocco of many international charters, in relation with the fight against criminality or human rights, underlining that a jurisprudence commission will be created to accelerate the elaboration of an integrated project which will attain targeted goals.
Improving the courts of justice infrastructures, through the construction of new Jurisdictions
Concerning the reviewing of penal code procedures, the Minister has asserted that this project is part of major legislative projects being launched by the Ministry and they represent the driving power of the penal justice system due to its close relationship with the field of protecting rights and freedoms, fight against criminality, achievement of individuals and communities security, following the evolution of penal systems and solving malfunctioning practical problems.
Mr. Ouahbi added that the reviewing of the penal code procedures will include a series of important judicial arrangements aimed at fighting against criminality within the context of full respect to rights and freedoms, through the reinforcement of guarantees for a fair trial, the defense rights, the victims position in terms of penal procedures, guarantees of the accused rights during investigation steps, instruction and judgment, rationalization of preventive custody and simplification of penal procedures measures.
These measures concern notably the establishment of torture prevention mechanisms, promotion of flexibility at the level of execution of penalties and strengthening of international judicial cooperation in the field of the fight against criminality.
Electronic means will be also subject to reinforcement in the fight against criminality and new electronic indications will be established to make easier the execution of penalties particularly those linked to fines, rehabilitation and requalification, adoption of a new justice approach for juveniles and the use of electronic gadgets in penal judiciary procedures.
The implementation of recommendations of the judiciary system reform charter
Minister Ouahbi has clarified that for an optimal use of various electronic means all along the public action, the Ministry of Justice has ensured the completion of consultations on a bill which concerns the use of those means in penal judiciary procedures and which has been submitted to the government general secretariat to prime its approbation procedure.
The Minister has, on the other hand, noted that his department is undertaking a number of recommendations relative to reforming the justice apparatus system through the improvement of courts of justice infrastructures, building new justice courts, extending and modernization of other existing courts, and management of construction projects with full respect to modern standards to facilitate access to justice courts and improving reception working conditions.
About digitalization and modernization of the justice sector, Minister Ouahbi has indicated that he has proceeded to define a group of information projects with relation to penal code policy, and which are part of a major planning of digital transformation of the justice.
It concerns, according the Minister, the public ministry electronic file, the public ministry virtual bureau, trial at distance and the electronic execution of covering fines penalties..
