Morocco's Public Prosecution has issued a circular calling for more discernment in appeals against criminal decisions. The circular, signed by Hicham Balaoui, Prosecutor General of the King near the Court of Cassation and President of the Public Prosecution, aims to reduce the number of systematic appeals. Balaoui emphasized that appeals should only be filed in cases with serious legal or factual grounds. This move is part of the Public Prosecution's strategic plan to improve the efficiency of the judicial system.
According to the Public Prosecution, there was a notable increase in appeals in 2026. The number of appeals filed represented 12.07% of judgments rendered in first instance, while cassation appeals concerned 1.14% of decisions pronounced on appeal. Balaoui stressed that these numbers require analysis to understand the reasons behind this trend and the legal grounds invoked to justify the appeals. He recalled that the possibility of appealing a judicial decision is a fundamental guarantee of a fair trial.
The Public Prosecution has the prerogative to appeal judgments and file cassation appeals, as it is a main party to the public action. However, the circular warns that excessive appeals can prolong proceedings and impact the rights of litigants. Balaoui urged prosecutors to conduct a thorough analysis of decisions before considering an appeal. For judgments rendered in criminal matters by first-instance courts, this evaluation should take into account established facts, presented evidence, and the legal qualification retained.
The objective is to avoid making appeals a systematic approach, regardless of the specifics of each case. The circular emphasizes the need to verify the existence of solid elements to justify a new examination of the case by a higher jurisdiction. Balaoui's directive aims to ensure that appeals are only filed in cases with strong legal or factual grounds. This approach is expected to improve the efficiency of the judicial system and reduce the backlog of cases.
The circular also pays particular attention to appeals against investigative judges' ordinances. Balaoui called for more restraint in appealing decisions related to pre-trial detention. Prosecutors are urged to carefully evaluate the grounds for appeal and avoid systematic challenges. By doing so, the Public Prosecution aims to ensure that appeals are filed only in cases where there are serious grounds to challenge the decision.
The strategic plan of the Public Prosecution's Presidency aims to improve the functioning of the judicial system. The plan includes measures to reduce the number of appeals and improve the quality of investigations. By exercising more discernment in appeals, prosecutors can help reduce the backlog of cases and ensure that justice is served more efficiently. The Public Prosecution's efforts are expected to have a positive impact on the Moroccan judicial system.
The Moroccan judicial system has been working to improve its efficiency and effectiveness. The Public Prosecution's initiative is part of a broader effort to enhance the country's judicial system. By implementing these measures, Morocco aims to provide a fairer and more efficient justice system for its citizens. The success of this initiative will depend on its implementation and the commitment of prosecutors to exercise more discernment in appeals.
Key points
- Moroccan Public Prosecution is urging prosecutors to exercise more discretion when appealing criminal decisions.
