فاس نيوز ميديا جريدة الكترونية جهوية تعنى بشؤون و أخبار جهة فاس مكناس – متجددة على مدار الساعة
Fez: A recently published book addresses a current issue at the intersection of human rights, legislation, and the judiciary (both trial courts and public prosecution), namely “The Extent of Alignment of Public Prosecution Policy in its Accusatorial Dimension with the Human Rights and Institutional Controls in Moroccan Criminal Legislation.” The book, according to its introduction, aims to analyze this alignment in light of the new vision that seeks to give accusatorial policy its deserved place within the axes of national criminal policy.
The book points out that the Moroccan legislator’s recognition of human rights controls to rationalize accusatorial policy, and its pursuit of compatibility with relevant international standards, clearly indicates, based on the statistical data and academic analyses contained therein, optimism regarding Morocco’s institutional progress towards activating the principle of linking responsibility with accountability in the context of guaranteeing rights and safeguarding freedoms. It emphasizes the increasing priority that Moroccan legislation gives to the principles of fair trial guarantees.
The author reviews, in the work which is the first part of a doctoral thesis in private law defended at the Faculty of Law, Economics and Social Sciences at Sidi Mohamed Ben Abdellah University in Fez on July 17, 2021, under the title “Modern Trends in the Implementation of Criminal Policy in Light of the Independence of the Public Prosecution,” the growing dynamic in Moroccan criminal legislation towards guaranteeing rights and safeguarding freedoms. This is particularly evident since the constitutional recognition of the judiciary’s independence and the legislative recognition of the public prosecution’s independence from the executive authority, an independence considered a fundamental pillar for activating the principles of fair trial.
The book asserts that studying the public prosecution’s trends in implementing criminal policy from an accusatorial standpoint has become a research necessity that requires defining the scope of the accusatorial authority and the features of its practice in line with the requirements of implementing criminal policy as a whole and safeguarding fair trial guarantees.
The author believes that this poses a significant challenge to researchers regarding the criteria for studying the controls for rationalizing this policy and the scientific means for evaluating the work of the public prosecution at various legislative and human rights milestones, especially with the impending adoption of the draft Code of Criminal Procedure 03.23. The book stresses that the future of national criminal policy depends on the leading role that the judiciary in general, and the public prosecution in particular, must play in the Moroccan judicial system.
In conclusion, the author highlights the relationship between human rights and institutional controls and their role in rationalizing the exercise of accusatorial policy as a reflection of public prosecution policy within the framework of national criminal policy.
