Moroccan prosecution issues new directives to rationalize the use of criminal law appeals

The Presidency of the Public Prosecution has issued a circular to judicial officials across Morocco aimed at rationalizing the practice of appealing criminal judgments. The directive, addressed to the First Advocate General at the Court of Cassation, Advocates General at the Courts of Appeal, and Prosecutors at the Courts of First Instance, seeks to ensure that appeals are filed based on substantive legal or factual grounds rather than being processed automatically.

New guidelines for judicial appeals

The decision follows a recorded increase in the rate of appeals filed by public prosecutions throughout 2026. According to data, the rate of appeals to the Court of Appeal stood at 12.07% of the total number of first-instance judgments in 2026. Additionally, appeals by cassation accounted for 1.14% of the total decisions issued by the Courts of Appeal during the same period.

Under the new instructions, prosecutors are required to study the feasibility of appealing misdemeanor judgments by examining evidence, the legal classification of the offense, and the proportionality of the assigned sentence. Furthermore, judicial officials are urged to rationalize appeals made against orders from investigative judges regarding judicial supervision, temporary release, and non-custodial measures. For appeals by cassation against final rulings, officials must strictly adhere to the legal grounds specified in Article 534 of the Criminal Procedure Code.

Strategic goals and judicial oversight

Moroccan media reported that these directives are part of a strategic plan by the Presidency of the Public Prosecution to improve the overall efficiency of the judicial system. To ensure these guidelines are followed, the Presidency has called for the regular monitoring of appeal outcomes to evaluate whether the justifications used for filing them are valid.

The Presidency also encouraged the organization of framing meetings with judicial deputies. These meetings are intended to facilitate discussions regarding appeal results and professional practices within the courts. While the new measures focus on restriction, the Presidency of the Public Prosecution emphasized that appeals remain a fundamental guarantee of a fair trial. The agency noted that the practice must balance legal interests with the necessity of resolving cases within a reasonable timeframe.

The Presidency of the Public Prosecution holds the authority to appeal first-instance judgments and cassation decisions under specific legal conditions and deadlines, acting as a key party in the public prosecution process.

Glossary

• Presidency of the Public Prosecution — The Presidency of the Public Prosecution is an agency that holds the authority to appeal first-instance judgments and cassation decisions under specific legal conditions and deadlines. It acts as a key party in the public prosecution process.
• temporary release — Temporary release is a measure related to orders from investigative judges. It falls under the category of judicial supervision and non-custodial measures.