Morocco

The below report presents a comprehensive overview of the juvenile justice system in Morocco, focusing on its legal framework, international commitments, operational mechanisms, challenges, and statistical data. It draws on national legislation, institutional reports, and international instruments to provide a detailed analysis of the protection and treatment of minors in conflict with the law.

1. Legal Framework Governing Juvenile Justice

Morocco’s juvenile justice system is primarily governed by the Moroccan Penal Code and the Code of Criminal Procedure. The system defines a juvenile as any person under the age of 18 (Article 458, Code of Criminal Procedure). Children under 12 are considered not criminally responsible. For children aged 12 to 18, the law encourages rehabilitative rather than punitive responses. Article 139 of the Penal Code mandates a reduction in penalties for juveniles, while Article 140 specifies that criminal penalties cannot be applied to children under 16 unless there are exceptional circumstances. [Moroccan Penal Code, Articles 139-140; Code of Criminal Procedure, Article 458]

2. Judicial Process and Educational Measures

The Code of Criminal Procedure outlines several steps specific to juveniles. Article 473 prioritizes educational measures over detention. These include supervised liberty, reintegration into the family, placement in educational or rehabilitation institutions, and professional training. Article 482 mandates the preparation of a social inquiry before any judgment is passed. Furthermore, Article 461 promotes non-judicial alternatives such as mediation, warnings, and community referrals. These measures aim to avoid the stigmatization of children and encourage reintegration. [Code of Criminal Procedure, Articles 461, 473, 482]

3. Institutional Framework and Stakeholders

The implementation of juvenile justice involves multiple institutions: the Ministry of Justice, the Public Prosecution Office, the Ministry of Youth, Culture, and Communication, and civil society organizations. Child Protection Centers, regulated by Decree No. 2.02.192, serve as rehabilitation spaces where minors receive education, vocational training, and psychological support. However, institutional coordination among ministries remains limited, often resulting in overlapping or delayed interventions. [Decree No. 2.02.192 on the organization of child protection institutions]

4. International Legal Commitments

Morocco has ratified key international treaties and guidelines relating to juvenile justice: the Convention on the Rights of the Child (CRC, 1989), the Beijing Rules (1985), and the Tokyo Rules (1990). These instruments stress the importance of non-custodial measures, dignity of treatment, and the prioritization of reintegration. The CRC Committee has previously urged Morocco to strengthen its juvenile protection mechanisms and ensure their alignment with international standards. [CRC, 1989; Beijing Rules, 1985; Tokyo Rules, 1990]

5. Statistics and Trends

According to the 2022 report of the Public Prosecution Office, 13,645 children were referred to public prosecutors. Among them, 9,422 were held in pre-trial detention—indicating a persistent reliance on custodial measures. 2,207 minors were placed in protective institutions instead of detention. Notably, 21.8% of offenses were violent crimes. The report also highlighted that urban regions such as Casablanca, Rabat, and Marrakech had the highest concentration of juvenile cases. [Public Prosecution Office Report, 2022, pp. 165–172]

6. Challenges and Institutional Realities

Despite progress, Moroccan institutions face major structural and operational obstacles. The 2022 Prosecution Office Report notes a critical lack of dedicated juvenile institutions in several regions, which often forces judges to place children in general prisons. The 2019 CESE report emphasized insufficient numbers of qualified educators, psychologists, and social workers in Child Protection Centers. The 2022 report by the Inter-ministerial Delegation for Human Rights pointed out weak cross-ministerial coordination and called for an integrated national policy. [Public Prosecution Office, 2022; CESE, 2019; MVDH Report, 2022]

7. Recommendations for Improvement

To enhance the juvenile justice system in Morocco, several steps are recommended: • Expand specialized juvenile facilities across all regions. • Train more specialized professionals in child psychology, social work, and legal defense. • Strengthen collaboration among ministries and with civil society. • Ensure full implementation of international standards related to child-friendly justice. • Increase the use of diversionary measures and alternative sentencing.

Conclusion

While Morocco has established a solid legal foundation for juvenile justice, challenges related to implementation and coordination remain significant. Reinforcing institutional capacities and aligning practices with international standards will be crucial in ensuring justice that is truly rehabilitative and centered on the child’s best interest.

References

·       Moroccan Code of Criminal Procedure, Articles 458, 461, 473, 482.

·       Moroccan Penal Code, Articles 139–140.

·       Public Prosecution Office Report, 2022. Available at: www.pmp.ma.

·       Decree No. 2.02.192 on the organization of child protection institutions.

·       Ministry of Justice, Judicial Practice Guide on Juvenile Justice, 2021.

·       Convention on the Rights of the Child, 1989.

·       United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), 1985.

·       United Nations Standard Minimum Rules for Non-custodial Measures (Tokyo Rules), 1990.

·       Economic, Social and Environmental Council (CESE) Report on Childhood in Morocco, 2019.

·       Inter-ministerial Delegation for Human Rights (MVDH), Parallel Report to the CRC Committee, 2022.

·       UNICEF and National Human Rights Council Report on Juvenile Justice in Morocco, 2018.

Rate of children in detention per 100,000: 31 (2022) https://data.unicef.org/resources/dataset/children-in-detention/