Civil groups criticize adoption of criminal code amendments without constitutional review

Civil groups criticize adoption of criminal code amendments without constitutional review
Tuesday 16 September 2025 - 09:32

Moroccan associations have denounced the publication in the Official Gazette of Law No. 03.23 amending the Code of Criminal Procedure without prior referral to the Constitutional Court, warning that the move undermines civil society’s role in combating corruption and reflects, in their view, an absence of genuine political will. 

Speaking to Hespress, the groups said the new provisions restrict the capacity of organizations dedicated to protecting public funds, curtailing their ability to file complaints against corruption cases, which they described as a serious setback for constitutional and legal gains allowing citizen participation in public accountability.

Abdelghani Raki, a member of the Moroccan Association for the Protection of Public Funds, argued that the adoption of the text without constitutional review symbolizes institutional corruption and a deliberate sidelining of civil society.

 He stressed that articles 3 and 7, which limit complaints initiated by civic groups, weaken the principle of accountability by constraining prosecutors from acting on whistleblowing, leaks, or investigative reporting.

 Raki criticized parliament for failing to defend society’s interest, adding that those blocking constitutional oversight are protecting their own interests under the shield of parliamentary majority.

Ilham Belafhaili, secretary-general of the Moroccan Network for the Civil Youth Alliance, said the legislative process suffered from a lack of constitutional conformity and risks encouraging corruption by preventing civic monitoring. 

She noted that bypassing the Constitutional Court demonstrates a clear lack of political will, compounded by the absence of implementing legislation for constitutional motions to challenge the validity of laws. 

According to her, the majority used its numerical dominance to impose disputed provisions and simulate a false societal consensus, echoing controversies previously seen with civil procedure reforms.

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