5. Prosecutorial considerations | Morocco | Fighting Domestic Violence

5.1.1 When do the police get involved in domestic disputes or legal actions?

The police can intervene at the time of the commission of the offence and after the filing of the complaint. If the complaint is filed by the victim, the judicial police will take care of the investigation and forward it to the prosecutor.

5.1.2 What circumstances effect law firm involvement?

N/A

5.2.1 Is proof required by any legal means?

Yes, proof is mandatory.

5.2.2 Are there any requirements regarding evidence and documents?

Yes.

5.2.3 Is proof "beyond a reasonable doubt" required?

No, doubt always benefits the accused.

5.2.4 Is the standard of proof different for ex parte orders?

N/A

5.3.1 Are affirmative defenses available to the accused?

N/A

5.3.2 Is willful intent required?

The accused must have intended to commit the offence, which is the moral element (mens rea), and the material element, which is the damage committed (actus reus).

5.3.3 Are false accusations punishable for the victim?

Yes.

5.3.4 How is consent discussed in the law?

N/A

5.3.5 Is self-defense or insanity a defense?

Yes.

5.4.1 What is a witness's duty to testify honestly and completely?

The witness is obliged to give an honest testimony as the witness takes an oath before the judge.

5.4.2 Who may abstain from testifying in certain situations?

The ascendants, descendants and spouses as they have legal protection.

5.4.3 What potential "excuses" can a witness raise to refuse to testify in a domestic violence action?

Moroccan law is not straightforward in this respect.

5.4.4 What is the impact of domestic violence on witnesses who are children?

They have legal protection for juveniles and are only required to testify before the juvenile judge in appropriate circumstances.

5.4.5 Can children be called upon to testify?

Yes, before the juvenile judge in particular conditions.

5.4.6 What is the effect of a child victim on the charges against the offender?

Moroccan law and practice is unclear in this respect.

5.5.1 What are the penalties and sentencing laws for first-time domestic violence offenses?

N/A

5.5.2 Are there criminal penalties?

Yes.

5.5.3 What is the result of a violation of an existing order for protection?

Article 323-1 of the law stipulates: "Is punished by imprisonment from six months to two years and a fine from 2,000 to 20,000 dirhams or by one of these two penalties, any violation of the prohibition measure or of the right to contact the victim, to approach her or to communicate with her, by any means whatsoever."

5.5.4 What fines and other penalties are imposed besides incarceration and liberty restriction?

The fines imposed in the frame of the Law No. 103-13 on combating violence against women vary from MAD 2,000 to MAD 120,000

5.6.1 Does the law notify the victim of the offender's release from custody?

Each court decision is in general notified to the parties.

Fighting Domestic Violence

Morocco

Select a Topic

Quick Links

Quick Links