إعداد تنظيم المحكمة العسكرية و الإجراءات المتبعة أمامها

Abstract EN

The Moroccan legislator has abandoned all exceptional courts, including the Military Court.

Under a different set of requirements, not only for Morocco but for many countries, the military court has been converted into a special court as required by the new law of military justice No.

108.13; following massive criticism, it suggests that it removed the exceptional characteristics of this court—this is what the legislator tried to enshrine in this new law, especially since the military court no longer has the jurisdiction to deal with crimes charged to civilian persons.

Besides, the decisions of the military court have become subject to appeal before the Court of Cassation.

All this to promote the principles of justice and fairness.

Therefore, Military Court rulings have become subjective under the new law.

Depending on the circumstances, the latter cannot be deviated from whether that ruling was passed in the defendant’s presence or absentia, which can only be issued after a long rule has passed, gives it a kind of objectivity, and thus its conformity with the constitutional requirements.

To summarize, the military judiciary consists of civilian judges, military judges or military advisers, prosecution service, investigating judges, and a registry with no president, unlike the regular courts.

All these amendments to the organization and procedures of the Military Court contributed significantly to the achievement of justice even relatively.