Arrested in Casablanca: garde à vue and the Moroccan clock
Moroccan police custody is called garde à vue and runs for 48 hours, extendable once by 24 more on the written and reasoned decision of the Procureur du Roi, after the person has been physically presented to him. Since the 2011 reform a lawyer may attend from the first hour.
The Moroccan clock
| Step | Rule | Source |
|---|---|---|
| Ordinary custody | 48 hours | Art. 66 Code of Criminal Procedure |
| Extension | 24 hours more, by written reasoned decision | Procureur du Roi, after physical presentation |
| Drug and terrorism offences | Substantially longer periods | Special provisions |
| Lawyer | From the first hour, confidentially | Art. 68, since the 2011 reform |
| Restriction of that right | Only in state security matters, on reasoned decision | |
| After custody | Release, or presentation to the prosecutor | Pre-trial detention is a separate judicial measure |
| Release pending trial | Applied for to the investigating judge or the appeal chamber | Can be made immediately |
The distinction between garde à vue and pre-trial detention is the one that matters most. The first is limited to hours and controlled by the prosecutor; the second is ordered by a judge and can last months. An application for provisional release can be made as soon as the detention order is issued.
What actually happens here
- The airport and the port. Customs, currency and luggage cases, and arrests on international alerts — Morocco acts on them.
- Currency. Moroccan exchange rules restrict taking dirhams out and require declaration of foreign currency above a threshold; breaches are treated seriously.
- Business and contract disputes that become criminal complaints, particularly allegations of fraud or issuing a cheque without provision.
- Drugs, where penalties are severe and possession is not treated as it is in Europe.
- Conduct offences. The Moroccan code punishes conduct that is not criminal in Europe, including relations outside marriage. Visitors are prosecuted under these provisions.
- Public order and images, including photographing certain sites and people without consent.
The conduct offences are the ones that catch European visitors entirely unprepared, because nothing in the situation signals a criminal risk. They are also the ones most often resolved quickly where a lawyer is instructed at the outset.
There is no European warrant here
Between Morocco and European states there is no European Arrest Warrant and no European Investigation Order. Everything proceeds by extradition and by mutual legal assistance, under the applicable bilateral or multilateral instruments, on far longer timescales.
One feature matters more than any other for anyone with dual nationality: like most states in the region, Morocco does not extradite its own nationals. A dual national is treated as a national here, which means a European request will not result in surrender — but it may result in prosecution locally instead. The framework from the Italian side is in the guide on extradition and, where an alert is circulating, in the guide on Red Notices.
Frequently asked questions
How long can Moroccan police hold me?
Forty-eight hours, extendable once by twenty-four more on the written reasoned decision of the Procureur du Roi, with longer periods for drug and terrorism offences.
Can I have a lawyer during questioning?
Yes, from the first hour and confidentially, since the 2011 reform. It can be restricted only in state security matters on a reasoned decision.
I have dual nationality.
Morocco does not extradite its own nationals, and a dual national is treated as a national here. That protects against surrender but not against local prosecution.
Is the European Arrest Warrant relevant?
No. Between Morocco and European states everything proceeds by extradition and mutual legal assistance, on much longer timescales.
If this is happening now
The right to a lawyer from the first hour exists and is not always offered: it has to be asked for. First contact is free and covered by professional privilege, at any hour.