La présomption d'innocence et la problématique des libertés individuelles en droit pénal Marocain

Abstract

The right to a fair trial is a fundamental principle of Moroccan criminal law, based on the protection of individual freedoms and human rights. Legal protections for the right to a fair trial in Morocco are enshrined in the country's constitution, which guarantees the presumption of innocence until proven guilty. Despite these challenges, the principles of criminal law expressly enshrined in Moroccan constitutions and the code of criminal procedure help to strengthen the conditions for a fair trial.The principle of presumption of innocence until proven guilty is a universally recognized concept in international law and serves as a fundamental principle in criminal justice systems around the world. Under this principle, those accused of a crime are presumed innocent until proven guilty. The burden of proof is an essential aspect of criminal law, and the evidence presented in a criminal case can have far-reaching consequences for the accused.Proof of the moral element is the issue that seems to raise the fewest difficulties. In the case of offences against physical integrity or committed through recklessness, victims must establish, depending on the case, the harmful result and the causal link with the offence. The judge plays an essential role in assessing the evidence presented by both parties, and in determining whether the prosecution has met its burden of proof. In common law, the burden of proof is generally based on two interrelated principles. The first, octri incumbit probatio, means that the burden of proof lies with the plaintiff; the second, reus in excipendo fit octori, means that the defendant, when he alleges a plea, becomes the plaintiff. Reciprocally, a person claiming to be released must justify the payment or the fact that extinguished his obligation. The Criminal Chamber of the French Court of Cassation has affirmed that a single positive fact is sufficient to constitute an offence. One of the main challenges is political interference in the judicial system, which can undermine the independence of judges and compromise their ability to apply the presumption of innocence impartially. Such interference can lead to unfair trials and convictions, undermining the individual freedoms of the accused. The prosecution or the victim must demonstrate the materiality of the facts. In addition to the constituent elements of the offence, the public prosecutor must also prove the circumstances surrounding the offence. While some of these facts do not seem to raise any difficulties, the doctrine and case law agree that it is up to the public prosecutor to prove, in the case of an attempt, the beginning of execution, which are characterized by the current state of case law.