Morocco’s penal code reform gains majority backing in House of Councillors

The House of Councillors approved, by majority vote on Tuesday, Draft Law No. 02.23 on the penal code during a legislative session held immediately after the monthly plenary dedicated to the Head of government’s responses to general policy questions.

The bill received 34 votes in favor, with three councillors abstaining. In line with the legislative process, the text will now return to the House of Representatives for further review following completion of all prior stages.

The bill’s progress through the upper chamber comes after Minister of Justice Abdellatif Ouahbi had previously paused it, citing the ongoing drafting of the Family Code. 

He explained that certain provisions require harmonization between these two significant legal texts, making the bill a prelude to the expected overhaul of family law.

In presenting the bill, Ouahbi expressed gratitude for the spirit of “constructive cooperation and deep consensus” shown by parliamentary groups, noting that over 549 amendments were submitted.

 These included: 170 from the majority coalition, 245 from the Haraki group, 34 from the Socialist group, 59 from the Moroccan Labor Union, 20 from the Democratic Confederation of Labor, and 21 from representatives of the National Union of Labor in Morocco. 

Approximately 181 were accepted to enrich the text and enhance legal certainty.

 Framing it as “the backbone of criminal justice in Morocco,” the minister has firmly rejected accusations of political motivation, stressing that both reforms aim to align with constitutional principles and international commitments.

Among the most significant updates in the criminal code are protections for victims of human trafficking, guarantees for fair trial rights, including ensuring that silence is not construed as guilt, and restrictions on prosecutorial presence during court deliberations.

 It also expands the use of digital tools and strengthens defense rights.