Criminal law — Law 22-01
Police custody, hearing, appearance, investigation, criminal hearing, appeal: Moroccan criminal procedure requires speed and precision. Chourok Zerdaoui defends accused persons and supports victims before Marrakech jurisdictions.
Criminal defense attorney
Determined and attentive, Chourok Zerdaoui assists accused persons from police custody and supports victims in their civil party constitution. She pleads before the Court of First Instance, the criminal chamber of the Marrakech Court of Appeal and intervenes in emergency procedures.
Police custody is when the criminal case is built. The first statements engage everything that follows. The Code of Criminal Procedure (Law 22-01) recognizes several fundamental rights to any person placed in custody. Knowing them — and ensuring they are respected — changes the trajectory of a case.
From the first hour of police custody under Article 66 of the Code of Criminal Procedure. The lawyer can meet with the client and attend subsequent hearings.
Notification of charges, of the right to remain silent, of the right to a medical examination and to notify a relative. Any irregularity may invalidate the procedure.
No obligation to speak with investigators. Silence cannot be used as proof of guilt. The response strategy is prepared with your lawyer.
At any time during custody, at the request of the person concerned, their lawyer or family. Important to document any potential violence.
The Moroccan Penal Code classifies offenses by their gravity. This classification determines the competent jurisdiction, applicable procedure, sentences and remedies.
À l'initiative de : General prosecutor or investigating judge
Most serious offense (homicide, rape, aggravated fraud…) judged by the Criminal Chamber of the Marrakech Court of Appeal. Preparatory investigation is mandatory and lawyer defense is required.
À l'initiative de : Crown Prosecutor, civil party or direct citation
Simple theft, intentional bodily harm, fraud, breach of trust, defamation, bodily accidents, drunk driving… Jurisdiction: Court of First Instance (correctional chamber) in Marrakech.
À l'initiative de : Crown Prosecutor
Minor offenses (speeding, light public order disturbance, parking violations…). Judged by the Court of First Instance (contravention chamber) of Marrakech.
Understanding the course of the procedure allows acting at the right time with the right documents. Each step has its deadlines and strategic opportunities that the lawyer exploits to build the defense or the civil party's position.
Measure taken by the judicial police for investigation purposes. Duration is 48 hours, extendable once with prosecutor authorization (24 additional hours). The person in custody must be informed of the facts, of the right to remain silent and of the right to a lawyer from the first hour.
At the end of police custody, the person is presented to the prosecution which decides: dismissal, direct citation to hearing, opening of judicial information or detention warrant request. A decisive moment where lawyer assistance often makes the difference.
The investigating judge investigates both for and against the accused: hearings, confrontations, expertise, on-site visits, warrants. For crimes, investigation is mandatory. Pre-trial detention is limited and must be reasoned.
Before the competent jurisdiction: Court of First Instance for misdemeanors, Court of Appeal (criminal chamber) for crimes. The defense pleads after witness testimony and prosecution's requisitions. Civil party constitution allows victims to obtain reparation.
Appeal deadline of 10 days for misdemeanors and contraventions, from notification. The case is retried on facts and law by the Court of Appeal. A cassation appeal remains possible within 30 days following the appeal decision for procedural defect or legal error.
Defense of the perpetrator or support for the victim, medical certificates, qualification of facts (intentional, unintentional, aggravated).
Articles 540 and following of the Penal Code. Reconstruction of the fraudulent scheme and assessment of damages.
Press and Publishing Code (Law 88-13), public/private distinction, short prescription (3 months).
Articles 505 and following. Assessment of aggravating circumstances (forced entry, climbing, in group).
Articles 432-433. Links with insurance and victim compensation procedure.
Law 09-08 on personal data, Law 07-03 on cybercrime, social network offenses.
The earlier you call, the better the case is prepared. The firm intervenes urgently for police custody and immediate appearances.
