Law of Evidence at Morocco
In Morocco, the law of evidence is primarily governed by the Civil Procedure Code (CPC) and the Criminal Procedure Code, with additional provisions in the Criminal Code. These codes establish the framework for presenting and evaluating evidence in civil and criminal proceedings.
Civil Law Evidence
Burden of Proof
Under Article 337 of the Civil Code, the burden of proof generally lies with the party asserting a claim. However, this burden may shift in certain circumstances, such as when there is a legal presumption, waiver, or valid agreement to the contrary. Additionally, if a party intentionally renders proof impossible, the burden may shift to that party.
Types of Evidence
The CPC recognizes several forms of evidence:
Documents: Written records, including public and private documents.
Witness Testimony: Statements made by individuals under oath.
Expert Evidence: Opinions provided by qualified professionals.
Confessions: Admissions made by a party regarding facts in dispute.
Inspection: Direct examination of objects or places by the court.
Admissibility of Evidence
Evidence obtained unlawfully, such as through physical or moral coercion, or by infringing upon privacy, domicile, correspondence, or other forms of communication, is inadmissible in court.
Pre-Trial Evidence Gathering
Moroccan law does not provide for a general discovery procedure. However, parties may request specific measures, such as the production of documents or expert reports, which the court may grant if deemed appropriate. Refusal to comply with such orders may result in sanctions, including fines.
Criminal Law Evidence
Burden of Proof
In criminal proceedings, the prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt. The defendant is presumed innocent until proven guilty.
Types of Evidence
Similar to civil cases, criminal evidence includes physical evidence, witness testimony, expert opinions, and confessions. However, the admissibility and weight of evidence are subject to stricter scrutiny due to the potential consequences for the defendant.
Witnesses and Expert Witnesses
Witnesses and expert witnesses are required to take an oath to tell the truth. Providing false testimony or submitting false reports is a criminal offense and may result in imprisonment or fines.
Procedural Safeguards
The Public Prosecutions Office directs criminal investigations and ensures that criminal proceedings are conducted in accordance with the law. It has the authority to initiate prosecutions, supervise investigations, and appeal decisions in criminal cases.
Recent Reforms
In 2021, Morocco implemented significant amendments to the Civil Procedure Code to enhance the efficiency and speed of civil and commercial proceedings. Notable changes include:
Increased Jurisdictional Limit: The jurisdictional limit of the magistrate's court was raised from €10,000 to €15,000, allowing more cases to be handled without mandatory legal representation.
Simplified Procedures: A simplified procedure was introduced for less complex cases involving no more than two parties and a dispute value not exceeding €100,000.
Mandatory Summary Submissions: Lawyers are now required to prepare summary submissions before the end of the pre-trial phase, streamlining the judicial process.
Conclusion
Morocco's legal system emphasizes a structured approach to evidence, with clear distinctions between civil and criminal procedures. While the burden of proof generally lies with the party asserting a claim, judges have significant discretion to gather and assess evidence to ensure a fair trial. Recent reforms aim to enhance the efficiency and transparency of the judicial system, reflecting Morocco's commitment to strengthening its legal framework.
RELATED Blog
0 comments