Moroccan Prosecutor General Urges Caution in Appeals of Judicial Decisions

Morocco's National Prosecutor General has issued a circular to prosecutors, urging them to exercise caution when appealing judicial decisions. The circular, dated November 15, 2026, emphasizes the need for prosecutors to carefully evaluate the grounds for appeal and to avoid automatic appeals. This move comes after a significant increase in appeals was recorded in 2026.

According to the circular, the number of appeals filed against initial court decisions reached 12.07% in 2026, while appeals filed against decisions issued by appeal courts stood at 1.14%. The National Prosecutor General has described these figures as warranting attention and examination of the reasons behind the increase. The circular stresses that prosecutors must carefully assess the legal grounds for appeal and avoid unnecessary appeals that may delay the judicial process.

The National Prosecutor General has outlined six guidelines for prosecutors to follow when considering appeals. These guidelines include carefully evaluating the content and grounds of the judicial decision, assessing the availability of serious legal or factual grounds for appeal, and considering the proportionality of the sentence. Prosecutors are also urged to prioritize the efficient administration of justice and to avoid appeals that may undermine the rights of litigants.

In the case of appeals against decisions issued by investigating judges, the circular emphasizes the need for caution, given the exceptional nature of pre-trial detention. When appealing final decisions, prosecutors are required to base their appeals on serious legal grounds, as specified in Article 534 of the Code of Penal Procedure. The circular also calls for regular monitoring of the outcome of appeals and examination of the decisions issued in response.

The National Prosecutor General has emphasized that this approach is part of the strategic plan of the Prosecutor General's Office, specifically aimed at rationalizing the use of appeals in judicial decisions. The guidelines are intended to promote a more judicious approach to appeals and to ensure that prosecutors exercise their right to appeal in a responsible and efficient manner.

The circular has been sent to prosecutors across the country, including the First Attorney General at the Court of Cassation, the King's Attorneys at the Courts of Appeal, and the King's Attorneys at the Trial Courts. Prosecutors are expected to adhere to these guidelines and to report on their implementation. Regular meetings are also planned to discuss the application of these guidelines and to provide training to prosecutors.

The Prosecutor General's Office has highlighted the importance of balancing the need to ensure the integrity of the judicial process with the need to avoid unnecessary delays and to protect the rights of litigants. By exercising caution in appeals, prosecutors can help to promote a more efficient and effective justice system in Morocco.

Key points

• The Moroccan National Prosecutor General has urged prosecutors to exercise caution when appealing judicial decisions.