Open-access Public prosecutor’s independence in Morocco: in a difficult search for a judicial authority

Independência do Ministério Público no Marrocos: na difícil busca de uma autoridade judicial

Over the last decade, the Kingdom of Morocco has opted for the independence of the Public Prosecutor’s Office from the executive, severing any link that might have existed between it and the Ministry of Justice. This choice was not straightforward to make. Today, while the change is a step in the right direction and may dispel the suspicions that some people like to harbour about the links between the public prosecutor and executive institution, the new status is nonetheless the subject of several controversies and concerns. In this article, the author highlights the experience of the independence of the Public Prosecutor’s Office in Morocco and the efforts to intensify the independence of the judicial institution. By studying the challenges and opportunities raised by the new status of the Public Prosecutor’s Office, the author tries to prove that the choice based on the limitation of independence to the absolute separation of the Public Prosecutor’s Office from the Ministry of Justice remains a narrow approach to independence and pleads for a general renewal of the status and missions of the Public Prosecutor’s Office.

Keywords
independence; impartiality; public prosecutor; judicial authority; judicial police

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Instituto Brasileiro de Direito Processual Penal Av. Praia de Belas, 1212 - conj 1022 - Praia de Belas, Porto Alegre - RS / Brasil. CEP 90110-000., +55 (51) 3406-1478 - Porto Alegre - RS - Brazil
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