A minor criminal offense (contravention) in Morocco is generally sanctioned by a simple fine or, rarely, by a short prison sentence (less than 1 month). The Moroccan Penal Code distinguishes three categories of offenses (crimes, misdemeanors, petty offenses/contraventions). For petty offenses, Article 18 of the Penal Code states that the main penalty is a fine of 30 to 1,200 dirhams or detention for less than one month. In practice, most minor infractions (e.g., traffic violations, disturbing the peace, minor insults) simply result in a police report (PV) and a fine to pay.
Key Points for Handling a Minor Offense in Casablanca
Here are the key points for managing such a situation in Casablanca:
- Identify the offense: Make sure you understand the exact nature of the offense. The report drawn up by the police (or a gendarmerie report) must mention the incriminating article. For traffic violations, it's a violation of the traffic code. Verify that the report contains your correct details (identity, date, facts).
- Pay the fine or contest it: Generally, a fixed fine is indicated on the report. You can pay it within the prescribed period (often 30 days) to close the matter. If you contest the offense (for example, you believe the facts are incorrect), you can refuse to pay, and the case will then be sent to the justice of the peace or the competent court of first instance. In this case, you will be summoned to a hearing to defend yourself. It's possible at this stage to reach a plea bargain with the prosecutor: since Law No. 22-01, the Moroccan Code of Criminal Procedure provides for a criminal transaction for minor offenses, allowing the accused to avoid a trial by paying a sum (sometimes higher than the initial fixed amount) or by accepting certain conditions (reparations to victims, community service). This option is not automatic, but the prosecutor may propose it to quickly resolve the case.
- Assistance and defense rights: Even for a petty offense, you can be assisted by a lawyer. If arrested, remember you have the right to a lawyer and an interpreter if you do not speak Arabic or French. Moroccan courts apply the principle of equality of arms: the prosecutor must clearly notify you of the accusation, and you have the right to present evidence (testimonies, documents, etc.) in your defense. If you disagree with the criminal decision (fine or conviction), you can appeal within 30 days to the Casablanca Court of Appeal. A foreign national, in particular, can also request assistance from their consulate.
- Execution of the sanction: If the fine is paid or confirmed, you must obtain a receipt. Failure to pay a fine can lead to more serious consequences (increased fine, or even an arrest warrant). If the judge imposes a prison sentence (rare for a petty offense), it will generally be less than one month. Sentences often include suspended sentences and compensation for the civil party (if there is a victim).
In short, when faced with a minor offense in Casablanca, the recommended approach is to handle the situation promptly and formally: contest if necessary, cooperate with the justice system, and respect deadlines for payment or appeal. Knowing your rights (legal aid, appeals, plea bargains) will help you manage the matter calmly. If in doubt, do not hesitate to contact a local lawyer to prevent a small dispute from turning into a major problem.
Facing an offense, even a minor one, can be stressful. For a comprehensive understanding of your rights and personal legal procedures in Morocco, refer to our pillar article on Navigating Personal Legal Matters in Morocco: A Guide.