STUDY ON THE HARMONIZATION OF DRAFT PENAL CODE WITH INTERNATIONAL HUMAN RIGHTS STANDARDS
Following-up the preparation of the draft penal code and the implementation of the Equity and Reconciliation Commission’s recommendations on the upgrade of the penal policy and the criminalization of serious violations of human rights in accordance with international standards, the Advisory Council on Human Rights (CCDH) worked, from October 2008 to March 2009, on a study on the harmonization of the draft Penal Code with the international human rights standards.
The study is based on the three pillars of the criminal law, namely, criminalization, penalties, and liability. It sheds light on the application of the following principles: no crimes in the absence of legal texts, non-retroactivity of laws, equality, legitimacy, fairness and personal liability in the penal field.
The study reviews the draft Penal Code in the light of these principles in the following areas:
- concept of public order;
- humanization of sentences;
- personal nature of sentences;
- adequacy of legal management and degree of liability;
- The balance between punishment and crime;
- Personalization of responsibility;
- Harmonization with international conventions and the introduction of new crimes including genocide, enforced disappearances, ethnic and racial cleansing.
Following its 22nd session in 2004, the Council submitted to His Majesty King Mohammed VI an advisory opinion on the adaptation of the Moroccan Penal Code to the fight against hatred, racism and violence.
The advisory opinion in question included several proposals aiming to strengthen and modernize the Moroccan Penal Code and immunize the country against all aspects of racism, discrimination and violence.
The Council also noted that the government has been committed to developing a criminal policy. For example, it organized a national symposium on this theme to draw conclusions from the application of the Moroccan Penal Code for more than 42 years, with the aim of developing an integrated criminal policy that meets the expectations of the country.