The government has released a new bill which was prepared by the Justice Ministry and which concerns the digitalization process of judicial measures, through integrating the use of modern technology in the judicial procedures to ensure personal data.
The bill aims at reinforcing efficiency and effectiveness in the judicial procedures, to guarantee the good management of justice in courts and to render easier the issuing of judicial sentences within reasonable deadlines and finally to implement transparency principles and moral values.
The bill has defined the scopes from which the digitalization project will start and which will rely basically on e-administration in the judicial procedures, to allow both citizens and professionals alike to have digital access to justice, offer services remotely and holding virtual sessions and trials remotely through videoconferencing and using remote communication techniques to permit courts to communicate with concerned parties and sides.
The bill, which has been presented to professional bodies in the justice field, will allow the prosecutor’s office or the investigating judge or the magistrate to resort, after agreement by the accused or the person being concerned by hearing, directly to carrying out the investigation or the trial at distance.
The bill stipulates that any suspect or accused person of civil responsibility or the victim or the person requesting civil right or a witness or the translator or any person the magistrate considers some benefits to listen to, all should benefit from judicial procedures.
The bill has stressed on the obligation for the accused or the person to listen to remotely to get an agreement by an official record, pointing out that “a person who has previously expressed his agreement to be listened to remotely could not retract that agreement or oppose it in front of the magistrate which has decided to resort to that procedure during the case-handling”.
The bill has confirmed that all parties to be listened to via those techniques should enjoy the guarantees afforded to them legally”; that they are subject to the same rules for their personal presence and therefore will have the same impacts on them”.
The new bill will allow, in case of its being passed by the government and the Parliament and after its publication in the official bulletin, the prosecutor’s office, the investigation judge or the magistrate to resort to the hearing procedure or interrogation or confrontation with others, in a manner that the procedure will be carried out with concerned persons directly in already-prepared rooms and equipped with necessary communication means”.
According to the bill, if the matter concerns an arrested person , “then the prosecutor’s office or the investigative judge or the magistrate, could interrogate him, listen to him or confront him with others to use remote communication techniques in a way that should guarantee the broadcast secrecy; if the person is supported by a lawyer, added the bill, “then the lawyer could attend the room where investigation, hearing or confrontation are taking place, or to be present beside his client at the penitentiary institution”.
A verbatim record is edited about the hearing, the interrogation or the confrontation according to stipulated formalities in this bill, the magistrate which was responsible for the procedures will have to sign the verbatim record and be submitted to the concerned person for signature.
The new bill has also allowed the possibility for the prosecutor’s office, or the investigative judge or the magistrate, in case the matter concerns a person who is outside its administrative power, to orient the letter of request to the specialized judicial side at the court where live the concerned persons for hearing, interrogation or confrontation through remote communication techniques, where the persons identifies themselves and where requested mission, date and timing should be set up.
Among other provisions included in the bill, “the prosecutor’s office could extend police custody in cases stipulated in article 80 of this bill and to listen to the concerned person through remote communication techniques”.
Regarding international letter rogatory, the bill stipulates that “in the context of implementing an international letter rogatory, it would be possible for a foreign justice court, in conformity with measures stipulated in article 715 of the bill, to listen to one person or more, if he is present in Morocco and has accepted to accept this request.
“If the discussions were held in other than Arabic, then a translator should be called for, even if the person or persons speak fairly well the language used by the foreign court”. The Moroccan judge could oppose some questions if they undermine basic and fundamental Moroccan interests or one of the National Defense secrets”.
The bill prohibits the foreign court to ask direct questions to persons being listened to in Morocco unless that country legislation permits the same treatment if the request is issued from Morocco or if a it presents a commitment for a same treatment”, adding that “if the county’s law does not permit asking direct questions and if no commitments were presented for a same treatment, then the questions should be asked with the mediation of a Moroccan judge.