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Council of Ministers: The national prosecutor’s office before October 2017

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Justice is engaged in a race against time. The reform of the national prosecutor’s office must be implemented before October 2017. These are the instructions given by the Sovereign at the Council of Ministers held on June 25 in Casablanca. The El Othmani government is required to “draw up a bill on the competences and organization of the Public Prosecutor’s Office”. Parliament must take over this important text of the reform of the judiciary during this legislative session.

In the face of magistrates who judge, there are magistrates who accuse. Public prosecutors or prosecutors play this role under the supervision of their hierarchical authority. The head of the national prosecutor’s office in this case. This high judicial function is exercised by the Attorney General of the King at the Court of Cassation. Hence the scope of the royal instructions that form part of the reform of the judiciary in 2016.

M’hamed Abdennabaoui has been overseeing the national prosecutor’s office since 11 April 2017 in Rabat. Date of the solemn ceremony of his installation at the Court of Cassation (see L’Economiste n ° 4999 of April 13, 2017). The senior magistrate began his career as a public prosecutor before taking the reins in March 2007 of the Directorate of Criminal Affairs and Parole at the Ministry of Justice. A career crowned by the royal dahir n ° 1-17-10 who appointed him head of the national prosecution.

Adopted barely a year ago, the law governing the new statute of the judiciary provides for a transitional period. This will end on 6 October 2017. The reason why the Sovereign ordered that the transfer of power between the Minister of Justice, Mohamed Aujjar, and the head of the national prosecutor’s office, M’hamed Abdennabaoui, dated. The ceremony will thus seal the beginning of a great chapter of our judicial history.

The high magistrate will direct 1,000 prosecutors of the King. The latter “must comply with written instructions in accordance with the law” emanating from “their hierarchical authority”, specifies the 2011 Constitution. A true army of magistrates with its own headquarters, as demanded by the Sovereign. Its headquarters will certainly be based at the Court of Cassation, which for at least a year has launched its extension works in the Ryad district of Rabat.

The evaluation of the standing judges (prosecutors) is also the responsibility of the head of the national prosecutor’s office. Its evaluation report is taken into account by the Supreme Council of the Judiciary which deals with the career of judges: promotion, sanction …

M’hamed Abdenabaoui sits there in his capacity as Attorney General of the King at the Court of Cassation. In turn, the Council faces a busy agenda: “Its new Rules of Procedure were tabled in Parliament for adoption. It must then be subject to the visa of the Constitutional Court, “said a parliamentary source. There is therefore a good chance that the future bill fixing the powers of the public prosecutor’s office will be adopted at the same time as the rules of procedure of the Conseil de la magistrature.

As for the head of the national prosecutor’s office, he committed himself, at his inauguration two months ago, to establish the organization chart of his institution, to determine his material and human resources … And above all to trace and apply the main axes of The criminal policy.

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