Morocco does not try the case: it reviews the legality of the extradition
When another state requests a foreign national, the Moroccan courts do not rule on guilt. The criminal chamber of the Court of Cassation only checks whether the legal conditions for extradition are met. Any trial on the merits takes place in the requesting country. The defence therefore focuses on procedure, deadlines and the statutory grounds for refusal.
Two situations where the person is tried in Morocco first
- If the person is also prosecuted or convicted in Morocco for other acts, extradition only takes place once those proceedings end or the sentence has been served (article 725 of the Code of Criminal Procedure).
- If the acts were committed in Morocco, extradition is refused and the case falls to the Moroccan courts (article 721).
Steps and deadlines
- Provisional arrest. The public prosecutor may order the arrest on a simple notice from Interpol or the requesting state. He may also leave the person free under judicial supervision during the proceedings.
- Within 24 hours: questioning by the prosecutor on identity and the arrest warrant. If the person consents to surrender, extradition can happen very quickly and that consent cannot be withdrawn. Nothing should be signed without a lawyer.
- Transfer to the prison at the seat of the Court of Cassation in Rabat.
- Review by the Court of Cassation: the criminal chamber rules within a short time after hearing the person, assisted by a lawyer. It may order further inquiries.
- Deadline for the requesting state: if the formal request and required documents do not arrive within the time set by law or by the applicable treaty, release can be requested.
- The Court's opinion: an unfavourable opinion is final and leads to release. A favourable opinion opens the way to an extradition decree; the requesting state must then collect the person within a limited time, failing which the person is released.
How we defend
- Review of the file sent: judgment or warrant, statement of facts, applicable law, identity
- Dual criminality and the minimum penalty required by Moroccan law
- Time limitation under Moroccan law or the law of the requesting state
- Political offence, discriminatory prosecution, risk of torture or enforced disappearance
- Applications for release at any stage, with judicial supervision
- Challenging the Red Notice before the Commission for the Control of Interpol's Files (CCF)
- Coordination with lawyers in the requesting country and with the arrested person's consulate
What the family can send us now
Full name, nationality, date and place of arrest, the country requesting the person and, if possible, a copy of the passport. Message us on WhatsApp or through the form: we reply quickly in English, French, Spanish or Arabic.