Title VII. Of the Judicial Power
Of the Independence of Justice
Article 107
The judicial power is independent of the legislative power and of the executive power.
The King is the guarantor of the independence of the judicial power.
Article 108
The presiding magistrates [du siege] are irremovable.
Article 109
Any intervention in the matters submitted to justice is forbidden. In his judicial function, the judge may not receive injunction or instruction, nor be submitted to any pressure whatever.
Each time that he considers that his independence is threatened, the judge must refer [the matter] to the Superior Council of the Judicial Power [Conseil Superieur du pouvoir judiciare].
Any breach [manquement] on the part of the judge of his duties of independence and of impartiality, constitutes a grave professional fault, without prejudice to eventual judicial consequences.
The law sanctions any person who attempts to influence the judge in an illicit manner.
Article 110
The presiding magistrates are only subject to the application of the law alone. The decisions of justice are rendered on the sole foundation of the impartial application of the law alone.
The prosecuting magistrates [du parquet] are held to the application of the law and must conform to written instructions, conforming to the law, emanating from the hierarchic authority.
Article 111
The magistrates enjoy the freedom of expression, in compatibility with their right of reserve and the judicial ethic.
They may belong [adherer] to associations or create professional associations, within respect for the duties of impartiality and of independence of justice and within the conditions provided for by the law.
They may not belong to political parties or to trade-union organizations.
Article 112
The statute of the magistrates is established by an organic law.
Of the Superior Council of the Judicial Power
Article 113
The Superior Council of the Judicial Power sees to the application of the guarantees accorded to the magistrates, notably concerning their independence, their appointment, their advancement, their retirement and their discipline.
On its initiative, it drafts the reports on the state of justice and of the judicial system, and presents appropriate recommendations in the matter.
At the demand of the King, of the government or of the Parliament, the Council emits its substantiated [circonstancies] opinion on any question relating to justice, under reserve of the principle of the separation of powers.
Article 114
The individual decisions of the Superior Council of the Judicial Power are susceptible to recourse for excess of power before the highest administrative jurisdiction of the Kingdom.
Article 115
The Superior Council of the Judicial Power is presided over by the King. It is composed:
- of the First-President of the Court of Cassation in the status of President-Delegate [President-delegue];
of the Procurator General of the King before the Court of Cassation; of the President of the First Chamber of the Court of Cassation; of 4 representatives elected, from among them, by the magistrates of the courts of appeal; of 6 representatives elected, from among them, by the magistrates of the jurisdictions of first instance [degre]; a representation of [women] magistrates must be assured, from among the ten members elected, in proportion to their presence in the corps of the magistrature; of the Mediator; of the President of the National Council of the Rights of Man [Conseil national des droits de l’Homme]; of 5 notable persons [personnalites] appointed by the King, recognized for their competence, their impartiality and their probity, as well as for their distinguished contribution [apport] in favor of the independence of justice and of the primacy of the law, of which one member is proposed by the Secretary General of the Superior Council of the Ulema.
Article 116
The Superior Council of the Judicial Power holds at least two sessions per year.
It is provided with [dispose] administrative and financial autonomy.
In disciplinary matters, the Superior Council of the Judicial Power is assisted by the experienced magistrate-inspectors [magistrats-inspecteurs].
The election, the organization and the functioning of the Superior Council of the Judicial Power, as well as the criteria relative to the management of the career of the magistrates and the rules of the disciplinary procedure are established by an organic law.
In the matters concerning the prosecuting magistrates, the Superior Council of the Judicial Power takes into consideration the reports of evaluation established by the hierarchic authority to which they relate.
Of the Rights of the Persons amenable to Justice and of the Rules of Functioning of Justice
Article 117
The judge is in charge of the protection of the rights and freedoms and of the judicial security of the persons and of the groups, as well as of the application of the law.
Article 118
Access to justice is guaranteed to every person for the defense of their rights and of their interests protected by the law.
Any act of regulatory or individual nature, taken in administrative matters, may be made the object of recourse before the competent administrative jurisdiction.
Article 119
Any defendant or accused is presumed innocent until his condemnation by decision of justice having acquired the force of res judicata [force de chose jugee].
Article 120
Every person has the right to an equitable process and to a judgment rendered in a reasonable time.
The rights to defense are guaranteed before all the jurisdictions.
Article 121
In the case where the law provides for it, justice is gratuitous for those who cannot dispose of resources sufficient to plead [ester] in justice.
Article 122
The damages caused by a judicial error create [ouvrent] right to a reparation at the expense [charge] of the State.
Article 123
The hearings are public, except when the law provides otherwise.
Article 124
The judgments are rendered and executed in the name of the King and by virtue of the law.
Article 125
Each judgment is substantiated [motive] and pronounced in public hearing within the conditions provided for by the law.
Article 126
The definitive judgments are imposed on all.
The public authorities must give [apporter] the necessary assistance when this is required during the process. They are equally held to give [preter] their assistance to the execution of the judgments.
Article 127
The ordinary or specialized jurisdictions are created by the law.
Jurisdictions of exception may not be created.
Article 128
The judicial police act under the authority of the public ministry and of the examining judges [juges d’instruction] in all which concerns the inquiries and the investigations necessary to research the infractions, to the arrest of the delinquents and for the establishment of the truth.
