Penal Code

LEGISLATION SERIES
IN ENGLISH
Penal Code
ISBN
978-9948-492-70-2
First Edition 2011

All Rights Reserved at Judicial Department – Abu Dhabi
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Preface
Since the establishment of Abu Dhabi Judicial Department

(ADJD) pursuant to Law no. 23 of 2006, ADJD has promptly
sought the independence of an excellent and effective system
that provides world class judicial and legal services. To “safeguard
the rule of law by ensuring justice, freedom and peace in society”
has been adopted as the governing framework of this system.
Realizing its virtuous vision and mission statements,

ADJD decided to print all the legislations which may be required
during the life cycle of litigation before the Department courts.
Derived by the fact that ADJD is a local government department,
it is comprehendible that the focus would be primarily projected
on the local laws issued by the local legislator of Abu Dhabi. In
addition, as per Article 121 of the Constitution which empowers
the federal legislator with the legislative authority pertaining
to certain issues in a way that commits both federal and local
judicial authorities to apply the local laws issued in accordance
with this article, it was found necessary to print these legislations.
Moreover, since international agreements, when adopted, are
apprehended as regional governing laws for all competent
authorities, it was found appropriate to print the international
agreements and conventions signed or approved by the State.
Accordingly, ADJD commenced the publication of a set

of federal and local legislations and international agreements
which are considered indispensable in the adjudication process
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before the Department courts. Nevertheless, the Department
is keen on facilitating and expediting the delivery of publication
to the target audience, the printouts will be published in three
different series with different designs and branding colors.
Finally, we hope that our efforts meet the expectations

of the readers and satisfy the needs of judges, litigants and all
concerned parties.
Abu Dhabi Judicial Department
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Introduction
Penal Code is a set of legal provisions that determine the

actions which are recognized as crimes and explain the penalties
incurred upon them. The Code includes two types of rules: (First)
general provisions which apply to all/most crimes and all/most
penalties such as provisions related to the effectiveness of the
Penal Code in terms of time duration, location, legitimization,
responsibility or penalty preventatives and types of crimes and
penalties. (Second), provisions of each individual crime which
explain its facts and determine the appropriate penalty.
According to Article 121 of the UAE Constitution of 1971,

the federation is authorized to pass laws in regards with “major
legislations related to penalty laws”. The phrase “penalty laws”
means – apparently – the Penal Code and special criminal laws.
Based on this constitutional text, the Federal Legislator of UAE
passed the Penal Code pursuant to Federal Law No. 3 of 1987
(the code was passed on December 8th 1987, published in the
official gazette on December 20th 1987, and became effective
after three months from the date of publication). The Penal
Code comprised 434 articles distributed between two books.
The first book includes the general provisions and is divided into
nine chapters; first: preamble provisions, second: Penal Code
application scope, third: crime, fourth: criminal responsibility and
preventatives, fifth: penalty, sixth: pleas, stringent and relieved
discretional circumstances, seventh: criminal plotting, eighth:
social defense and ninth: comprehensive, criminal and judicial
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amnesty. The second book, on the other hand, includes crimes
and penalties. It is divided into eight chapters; first: national
security crimes and their interests, second: public office crimes,
third: rule-of-justice violation crimes, fourth: public danger crimes,
fifth: religious or ritual crimes, sixth: family crimes, seventh:
individually incurred crimes and eighth: financial crimes.
According to the first article of the Federal Penal Code,

“Islamic Sharia provisions shall apply to punishment, retribution
and blood money crimes. Reprehension penalties and crimes
shall be determined in accordance with the provisions of this
Code and the other penal laws”. Thus, the Federal Legislator
referred to the Islamic Sharia provisions in matters related to
punishment, retribution and blood money crimes. Accordingly,
the Federal Penal Code was set to be confined to determine
crimes and reprehension penalties, and this conforms with the
Islamic Sharia approach in criminalization and punishment. As
Ibn ul Qayyim Al Jawziyyah stated “It is of Allah’s wisdom to
legislate the penalties of crimes committed by people against
each other whether in soul, body, honor or money such as
murder, injury, defamation and robbery. The All Mighty masterfully
perfected the restraints and penalties for these crimes and
legislated them thoroughly to include all aspects of punishment
and prevention notwithstanding the punishment incurred upon
the perpetrator”. People should abide to the provisions of these
boundaries. While in other aspect, the ruler is empowered to
legislate and criminalize the acts which prejudice the social and
individual interests. This type of crimes is conjunctly referred to
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with “reprehension”. Reprehension also includes a set of actions
and behavior prohibited, yet not penalized, by Islamic Sharia.
Consequently, the context and meaning of UAE Federal

Penal Code was set in conformity with Islamic Sharia provisions
pertaining to matters of criminalization and punishment.
In the light of the perennial social development, and in

order to avoid any legislative inconsistency as such, the Federal
Penal Code was subjected to some amendments. Federal Law
No 34 of 2005 amended some Federal Penal Code provisions.
(This law was passed on December 24th 2005 corresponding to
Zu Al Qaeda 22nd 1426H and published in the Official Gazette
on December 31st 2005 corresponding to Zu Al Qaeda 29th
1426H. It became effective on the same day of publication).
More provisions of the Code were further amended pursuant
to Federal Law No 52 of 2006. (This law was passed on
December 14th 2006 corresponding to Zu Al Qaeda 25th 1427H
and published in the Official Gazette on December 28th 2006
corresponding to Zu Al Hijjah 8th 1427H. It became effective on
the same day of publication).
This book contains the UAE Penal Code as per the latest
amendments. We hope it becomes beneficial to all personnel
concerned with law.
Abu Dhabi Judicial Department
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FEDERAL LAW NO. 3 / 1987
THE PENAL CODE
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Federal Law No (3) of 1987
Concerning Promulgating Penal Code
We, Zayed Bin Sultan Al Nahyan, President of the

United Arab Emirates,
Having perused the provisional Constitution(1).
And Federal Law No. (1) of 1972, concerning jurisdictions

of the Ministries and powers of the Ministers and the amending
laws thereof;
And Federal Law No. (9) of 1976, concerning juvenile de-

linquents and the homeless;
And in accordance with the proposal of the Minister of

Justice, approved by the Council of Ministers and ratified by the
Supreme Council of the Union;
Promulgated the following law:
Article 1
The attached law shall apply to all crimes and penalties,

and any other text conflicting with its provisions shall be abro-
gated.
Article 2
Ministers and the concerned authorities in the UAE, each

in its jurisdiction, must enforce this law.
(1) The word "provisional" has been deleted from the constitution of the United
Arab Emirates by virtue of Article (one) of the constitutional amendment
no.11996/ dated 2 December 1996.
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Article 3
This law shall be published in the Official Gazette and

shall come into force three months after its date of publication.
Zayed Bin Sultan Al Nahyan

President of the United Arab Emirates State
Promulgated by us at the Presidential Palace Abu Dhabi

On 17/4/1408 Hijri
8/12/1987 Gregorian
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BOOK ONE
GENERAL PROVISIONS
TITLE ONE
INTRODUCTORY PROVISIONS
Article 1
The provisions of the Islamic Shari’a shall apply to the

crime of doctrinal punishment, punitive sanctions and blood
money. Crimes and reprehensive sanctions shall be specified in
accordance with the provisions of this code and the other penal
laws.
Article 2
No one shall be answerable for a crime committed by an-

other and the accused shall be presumed innocent until proved
guilty.
Article 3
Unless otherwise provided, the provisions of book one of

this Law shall apply to crimes provided for in other penal laws.
Article 4
No punitive measure shall be imposed except in cases

and under the conditions provided for the law. Provisions rela-
tive to punishments shall, unless otherwise provided, apply to
punitive measures.
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Article 5(1)
The following shall be considered a public servant:
1. Those entrusted with the public authority’s charges and

those working in ministries and government departments.
2. Affiliates to the armed forces.
3. Chairmen and members of the legislative, consultative and

municipal councils.
4. Whoever is empowered by any of the public authorities to

perform a specific assignment, within the limits of the work
entrusted thereto.
5. Chairmen, members of boards of directors, managers and

all other employees working in public organizations and in-
stitution.
(1) “This article was amended pursuant to Federal Law No.34 of 2005. The
text prior to the amendment stated the following: “The following shall be
considered a public servant:
1. Those entrusted with the public authority›s charges and those working in
ministries and government departments.
2. Members of the armed forces.
3. Chairmen and members of the legislative, consultative and municipal
councils.
4. Whoever is empowered by any of the public authorities to perform a specific
assignment, within the limits of the work entrusted to him.
5. Chairmen and members of boards of directors, managers and all other
employees working in public organizations and institution.
6. Chairmen and members of boards of directors and all other employees
working in public utility associations and institutions.
Shall be considered, under this law, as entrusted with public service,
whoever is not included in one of the categories mentioned in the preceding
clauses and performs a work related to public service upon an assignment
duly issued to him by a public servant having this power under the laws or
established rules in relation to the work assigned to him”
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6. Chairmen, members of boards of directors and all other em-
ployees working in public utility associations and institutions.
Shall be considered, under this law, as entrusted with

public service, whoever is not included in one of the categories
mentioned hereinabove and performs a work related to public
service upon an assignment duly issued thereto by a public ser-
vant having this power under the laws or established rules in
relation to the work assigned thereto.”
Article 6
In applying the provisions of the preceding Article (it is

immaterial whether the job, work or service is permanent or
temporary, with or without pay, voluntary or compulsory.
Termination of a job, work or service shall not bar the

application of the provisions of the preceding Article (if the crime
is perpetrated within the course of employment.
Article 7
Unless the context of this law otherwise requires, "gov-

ernment" shall include the federal government and the govern-
ments of the Emirates members of the Union.
Article 8(1)
Provisions contained in this law concerning crimes against

the President of the State shall also apply to the crimes perpe-
(1) This article was amended pursuant to Federal Law No.34 of 2005. The text
prior to the amendment stated the following:” Provisions contained in this
law concerning crimes against the President of the State shall also apply to
the crimes perpetrated against the Vice-President of the State and Federal
Supreme Council members.
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trated against the Vice-President of the State, Federal Supreme
Council members, heirs and deputies thereof.
Article 9
Under this law, the following shall be considered means

of publicity;
1- Speaking or shouting publicly through any mechanical

means in a public gathering, in a public road or in a licensed
or frequented place or if it is diffused by any other means.
2- Actions, signals or gestures if they take pace I any of the

aforementioned places or if they are transmitted to any per-
son in such places by any mechanical or other means.
3- Writings, drawings, pictures, films, symbols and other

means of expression exhibited in any of the aforementioned
places or distributed indifferently to people, sold or offered
to them for sale in any place.
Article 10
Unless otherwise provided in the law, periods and delays in

this law shall be computed according to the Gregorian calendar.
Article 11
The provisions of this law shall in no case prejudice the

rights of the litigants or others in being reimbursed, obtain dam-
ages or recover expenses or any other rights.
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TITLE TWO
SCOPE OF APPLICATION OF THE PENAL CODE
CHAPTER ONE
TRANSITORY APPLICATION OF THE LAW
Article 12
A crime shall be sanctioned according to the law in force

at the time of its perpetration. This law shall be determined at
the time at which the acts of execution have been completed
regardless of the time at which the result has been realized.
Article 13
If a law more favorable to the accused is enacted after the

perpetration of a crime and before rendering a final judgment, it
shall exclusive be applied.
If he law is enacted after rendering a final judgment, that

makes an act or omission committed by a convict non punish-
able, the judgment shall not be implemented and its penal effects
shall cease to exist, unless the new law provides otherwise.
Should the new law provide only for extenuation of a

penalty, the court that rendered the final judgment may, at the
request of the public prosecution or the convict, review the sen-
tence in the light of the provisions of the new law.
Article 14
Excepting the provisions of the preceding article, if any

law has been enacted rendering an act or omission a criminal
offense or aggravating the prescribed penalty thereto, and pro-
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vided that such law has been enacted temporarily for a short
period or under fortuitous events, the expiration of the period
specified for its effectiveness or the disappearance of the fortu-
itous events shall neither debar the prosecution of crimes perpe-
trated during such a period nor shall it preclude the enforcement
of a penalty which had been imposed under such law.
Article 15
The new law shall apply to any continuous or successive

crimes perpetrated prior to its coming into effect or crimes which
repeatedly reoccur during the effective period of this law.
Where the new law amends the provisions concerning re-

cidivism or plurality of crimes or penalties, it shall apply to any
crime that subjects the accused to provisions of plurality or ac-
cording to which he becomes a recidivist even if the other crimes
have been perpetrated prior to its application.
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CHAPTER TWO
APPLICATION OF LAW AS TO PLACE AND PERSONS
Article 16
The provisions of this law shall apply to any one who per-
petrates a crime within the territory of the State which shall con-
sist of the lands and any place under its sovereignty, including
territorial waters and air space there above.
A crime shall be considered perpetrated in the territory

of the State if any of its constituent acts occurs therein, or if the
result has been, or is intended to be, realized therein.
Article 17(1)
The provisions of this law shall apply to crimes that are

perpetrated onboard warships and military aircrafts bearing the
flag of the State wherever they are.
The abovementioned provisions shall apply to non mili-

tary governmental vessels owned or operated by the State for
non-commercial purposes and as such commercial aircrafts and
vessels bearing the flag of the State.
prior to the amendment stated the following:” The provisions of this law shall
apply to crimes that are perpetrated onboard warships and military aircrafts
bearing the flag of the State wherever they are. The abovementioned
provisions shall apply to non military governmental vessels owned or
operated by the State for government non-commercial purposes.
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Article 18(1)
Without prejudice to the agreements and treaties to which

the State is a party, provisions of this law shall not apply to
crimes perpetrated on board a foreign ship in any of the Stat’s
ports or in its territorial waters, except in the following instances:
1- In case the effects of the crime extend to the State.

2- If the crime by nature disturbs the peace or violates public
morals or good order in its ports or territorial waters.
3- If the shipmaster or consul of the State whose flag is hoisted
seeks assistance from the local authorities.
4- Should the offender or victim be a citizen of the State.
5- if the vessel carries materials or objects internationally
banned from negotiation, possession or commercialization.
This law, however, shall not apply to crimes perpetrated

on board foreign aircrafts in the State air space unless the air-
plane lands in any of the airports after perpetration of the crime,
or if the crime by nature disturbs the peace in the State or vio-
lates its public policy, or if the crime violates the State navigation
(1) This article was amended pursuant to Federal Law No.34 of 2005. The
text prior to the amendment stated the following: “Without prejudice to the
agreements and treaties to which the State is a party, provisions of this law
shall not apply to crimes perpetrated on board a foreign ship in any of the
Stat›s ports or in its territorial waters, except in the following instances:
1- In case the effects of the crime extend to the State.
2- If the crime by nature disturbs the peace or violates public morals or good
order in its ports or territorial waters.
3- If the ship master or consul of the State whose flag is hoisted seeks
assistance from the local authorities.
4- Should the offender or victim be a citizen of the State.
5- if the vessel carries materials or objects internationally banned from
negotiation, possession or commercialization.
This law, however, shall not apply to crimes perpetrated on board foreign
aircrafts in the state air space unless the airplane lands in any of the airports
after perpetration of the crime, if the crime by nature disturbs the peace in
the State or violates its public policy, if the airplane pilot seeks the assistance
of the local authorities, or if the offender or victim is a state citizen.
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rules and regulations, or if the aircraft pilot seeks the assistance
of the local authorities, or if the offender or victim is a State citi-
zen.
Article 19
The present law shall be applied to whomever perpe-

trates an action outside the state rendering him a perpetrator
or an accomplice in a crime occurring entirely or partially inside
the state.
Article 20
This law applies to any one who commits an act outside

the state making him a principal or an accessory to any of the
following crimes:
1. A crime that violates the external or internal security of the

state, its constitutional system or its legally issued financial
securities or stamps or that involves forgery or counterfeit-
ing of state›s instruments or official seals.
2. Forgery, falsification or counterfeiting of the state›s curren-

cy, circulating or possessing same for the purpose of circu-
lation, whether such acts are carried out within or outside
the state.
3. Forgery. Falsification or counterfeiting of paper notes or

minted coins awful circulated in the state, promoting such
currencies and coins therein, or possessing same for the
purpose of circulation.
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Article 21(1)
This law shall apply to whoever is present in the state

after being involved aboard as a principal offender or an acces-
sory in an act of sabotage or impairment of international com-
munication systems or in crimes of trafficking drugs or women
or children or slavery or acts of piracy or international terrorism
or money laundry.
Article 22
A citizen, while in a foreign country, becomes involved in

act which is considered a crime under the provisions of this law,
whether as a principal or accessory, shall be sanctioned accord-
ing to its provisions when he returns to the country, provided
that such an act is punishable in accordance with the law of the
country in which it is prepetrated.
This provision shall apply to whoever acquires the nation-

ality of the state after he perpetrates the act. For the purpose
of applying this article, a stateless person shall be treated as a
habitual resident in the country.
Article 23
No criminal action shall be instituted against a person

who perpetrates a crime in foreign country except by the public
prosecutor. It may not be instituted against any person in whose
favor a final acquittal or conviction has been passed by foreign
text prior to the amendment stated the following: “This law shall apply to
whoever is present in the state after being involved aboard as a principal
offender or an accessory in an act of sabotage or impairment of international
communication systems or in crimes of trafficking drugs or women or
children or slavery or acts of piracy or international terrorism.”
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courts and it is proved that he has served the sentence, if a
criminal action or penalty against him has duly been forfeited
or the competent authorities in such country have docketed the
investigations.
In determining whether a judgment is final or whether a

legal action, penalty or an investigation is foreclosed, reference
shall be made to the law of the country in which the judgment
has been rendered.
In case a sentence has not been fully served, its period

should be completed.
However, if a verdict of innocence has been rendered in

a crime provided for in articles 20 and 21 and the said verdict is
based on the fact that the crime is not punishable by the law of
the said country, a criminal action may be brought against him
before the courts of the state where the courts of the capital of
the federation shall have jurisdiction to examine the case.
Article 24
In executing a sentence against a convict, the period, that

he has served in custody, in detention under remand or in ex-
ecution of the penalty in a foreign country for the crime for which
he was convicted, shall be taken into account.
Article 25
Without prejudice to the provision of the 1er paragraph of

Article (1, this law shall not apply to persons who enjoy immunity
under international agreements, international or domestic laws,
within the territory of the United Arab Emirates State.
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TITLE THREE
THE CRIME
CHAPTER ONE
CLASSIFICATION OF CRIMES
Article 26
Crimes shall be divided into:

1. Dogmatic crimes.
2. Punitive and blood-money crimes.
3. Reprehensive crimes.
Crimes are of three kinds: felonies, misdemeanors and

contraventions.
The kind of a crime shall be determined with regard to the

penalty provided for it in the law. Where the crime is sanctioned
by a penalty of fine or blood)money in conjunction with another
penalty, it shall be classified according to this other penalty.
Article 27
The kind of crime shall not change in case the court decides
to replace the penalty appertaining thereto with a more mitigated ne
whether on grounds of legal excuses or because of discretionary
extenuating circumstances, unless otherwise provided by law.
Article 28
A felony is a crime sanctioned by any of the following pen-

alties:
1. Any of the dogmatic sanctions or punitive punishments ex-
cept drunkenness and slander.
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2. Capital punishment.
3. Life imprisonment.
4. Temporary incarceration.
Article 29(1)
A misdemeanor is a crime sanctioned by one or more of

the following penalties:
1. Imprisonment.
2. A fine in exceeding a thousand dirham.
3. Blood-money.
Article 30
A contravention is every act or omission sanctioned in the

laws or regulations by one or both of the two following penalties:
1. Detention for a period not less than twenty four hours and
not more than ten days by putting the convicted in special
places reserved for this purpose.
2. A fine not exceeding a thousand dirham.
(1) This article was amended twice: (first) pursuant to Federal Law No.34 of
2005 which stipulated a lashing penalty to the misdemeanor penalties, and
(second) pursuant to Federal Law No.52 of 2006 which wrote off the lashing
penalty thus returning the Law to the original form prior to the issuance of
Federal Law No.34 of 2005.
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CHAPTER TWO
BASIC ELEMENTS OF A CRIME
SECTION ONE
MATERIAL ELEMENT
1. CONSUMMATED CRIMES
Article 31
The material element of a crime consists of a criminal ac-

tivity of performing an act or forbearance there from when such
performance or forbearance is criminal according to the law.
Article 32
A person shall not be answerable for a crime that is not

the result of his criminal activity. He may however answer for the
crime if his criminal activity contributed with another cause, pre-
vious or contemporary or subsequent, in its occurrence when-
ever this cause is expected or likely to occur in the ordinary se-
quence of events.
Where this cause alone is in itself sufficient to produce the

result of the crime, the person shall not in this case be answer-
able except for the act he perpetrated.
Article 33
A crime limited in time is when the punishable act occurs

and ends by its very nature as soon as it is perpetrated.
A crime shall be considered transient when all the consec-

utive acts perpetrated in execution of a single criminal scheme
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are focused on one right without being separated by a period of
time serving their link with each other.
If, however, the act is a continuous process that requires

a renewed intervention of the perpetrator for a period of time,
the crime is then continuous regardless of whether the crime
effects have persisted after the perpetration of the crime as long
as the effects remained present without the intervention of the
perpetrator.
2. Attempt
Article 34
An attempt is the commencement of the execution of an

act with the intent of perpetrating a crime whenever its effect is
stopped or fails of consummation for reasons beyond the will of
the perpetrator.
Shall be considered a commencement of execution, the

perpetration of an act which is considered per se one of the con-
stituent parts of the material element of the crime or immediate
and directly leading to it.
Unless otherwise provided for in the law, shall not be con-

sidered an attempt to perpetrate a crime, neither the mere inten-
tion to commit it nor the preparatory acts thereto.
Article 35
Unless otherwise provided in the law, attempt to perpe-

trate a felony shall be sanctioned by the following penalties:
1. Life imprisonment, should the penalty prescribed for the
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crime be the capital sentence.
2. Temporary imprisonment, should the penalty prescribed for

the crime be life imprisonment.
3. Imprisonment for a period not exceeding half the maximal

level of the penalty prescribed for the crime or incarceration
if the penalty is temporary imprisonment.
Article 36
The law shall determine the misdemeanors in which the

attempt is sanctioned by law as well as the penalty for such at-
tempt.
Article 37
The special provisions governing accessory penalties

and the criminal measures prescribed for consummated crimes
shall apply to the attempt.
SECTION TWO
MORAL ELEMENT
Article 38
The moral element of a crime consists of an intent or mis-

take the intent is present when the will of the perpetrator is di-
rected towards the perpetration of the act or forbearance there-
of, whenever this perpetration or forbearance is considered by
law a crime, with the intent to produce a direct result or any other
result penalized by law and which the perpetrator expected.
There is a mistake whenever the criminal result is
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achieved because of the mistake of the doer whether this mis-
take is due to negligence, carelessness, non precaution, reck-
lessness, imprudence or non observance of the law, regulations,
rules or orders.
Article 39
If an act is committed under the influence of mistake in

facts, the liability of the perpetrator shall be determined on basis
of the facts he misconceived its presence should these facts
deny or extenuate his liability, provided his belief is based on
reasonable grounds and on basis of research and investigation.
In case the mistake that made the perpetrator believe that

he is not responsible is due to negligence or non precaution, he
shall be answerable for a non premeditated crime should the law
penalize the act as being such.
Article 40
The motive of perpetrating the crime shall not be taken

into consideration unless the law otherwise provides.
Article 41
Should the perpetrator ignore the presence of an aggra-

vating circumstance that may change the characterization of the
crime, he is not liable therefore but shall benefit of his excuse
even if he ignores its existence.
Article 42
Ignorance of the provisions of this law is not an excuse.
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Article 43
The perpetrator is answerable for the crime whether it

was committed deliberately or by mistake, unless the law ex-
pressly provides for premeditation.
CHAPTER THREE
CRIMINAL COMPLICITY
Article 44
Whoever perpetrates alone a crime or acts as a direct

accomplice shall be considered a perpetrator of the crime. An
accomplice is a direct one in the following instances:
First: if he perpetrates the crime with another person.
Second: if he participates in its perpetration when it con-

sists of several acts and he deliberately commits one of its con-
stituent acts.
Third: if he sub-serves another person by any means to

execute the criminal act and the latter is not criminally respon-
sible for this act for any reason whatsoever.
Article 45
A person shall be considered an accomplice by causation:
First: if he instigates to commit a crime that was perpe-

trated as a result of this instigation.
Second: if he conspires with others to perpetrate a crime

that occurred as a result of this conspiracy.
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Third: if he gives the doer a weapon, tools or anything
else used in the perpetration of the crime of which he had knowl-
edge; or if he willfully assist the perpetrator, by any other means,
in the preparatory acts or those facilitating or completing the per-
petration of the crime.
The accomplice shall be equally held liable whether he

was in direct contact with the perpetrator or through an interme-
diary.
Article 46
An accomplice by causation who was found at the scene

of the crime whit the intent to perpetrate it shall be considered as
a direct accomplice in case the crime is not committed by other
than him.
Article 47
Whoever participates in a crime as a direct or causative

accomplice shall be sanctioned by its penalty, unless otherwise
provided by the law.
Article 48
Where an accomplice is not subject to the penalty on

grounds of one of the causes of legitimacy or for the lake of
criminal intent or for other particular reasons concerning him,
the other accomplices shall not benefit there from.
Article 49
Where the material circumstances are inherent to a crime

or constituent of one of its acts that will aggravate or extenuate
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the penalty, the effects thereof shall apply to any one directly or
causatively participating in its perpetration regardless of wheth-
er he had, or not, knowledge thereof.
However, existing personal aggravating circumstances

that may facilitate the perpetration of the crime shall not apply
to other than its author unless the other person had knowledge
of it.
As to the other circumstances, whether aggravating or

extenuating, the effects thereof shall apply only to the person
concerned these circumstances.
Article 50
In the presence of personal excuses exempting from, or

extenuating the penalty as concerns one of the accomplices,
whether he be direct or by causation, their effects shall only ap-
ply to the one concerned by such excuse.
Material excuses exempting from or extenuating the pen-

alty shall produce their effects on whoever participated directly
or by causation in the perpetration of the crime.
Article 51
The accomplice in a crime, whether direct or by causa-

tion, shall be sanctioned by the penalty appertaining to the crime
perpetrated even of it is not the one he intended to perpetrate as
long as the committed crime is a probable consequence of the
occurring complicity.
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Article 52
Should the characterization of a crime or a penalty change

according to the intent of the author of the crime or his knowl-
edge of its circumstances, the accomplices in the crime, direct
or by causation, shall be penalized in accordance with their in-
tent or knowledge.
CHAPTER FOUR
CAUSES OF LEGITIMACY
SECTION ONE
REASONS OF LEGITIMACY
1. USE OF A RIGHT
Article 53
There is no crime if the act takes place in good faith in the

use of a right provided for in the law and within the limits set for
such right.
The following shall be considered as a use of right:
1. Chastisement by a husband to his wife and chastisement

of the parents, or whoever acts in their stead, to the minor
children within the limits prescribed by Shari’a or by law.
2. Medical surgery and acts of medical attendance, in accor-

dance with scientific principles recognized by the licensed
medical profession when done with the explicit or implic-
it consent of the patient, or his legal representative, or in
cases where the medical intervention is necessary in emer-
gency cases that require.
- 35 -
3. Acts of violence taking place during performance of sport
games within the limits approved for such game and with
observance of the rules of due care and caution.
4. Acts of violence against the author of a crime caught red-

handed, with a view to arresting him, within the limits re-
quired for this purpose.
5. The accusations exchange by the litigating parties during

the verbal or written defense before the investigation au-
thorities and courts, within the limits required by such de-
fense and provided the doer is bona fide believing that the
matters attributed to his opponent are true and that his be-
lief is based on reasonable grounds.
2. PERFORMANCE OF A DUTY
Article 54
There is no crime if the act is done in the performance of

a duty imposed by the Shari’a or the law if the person by whom
the act is done is legally authorized to do it.
Article 55
There is no crime if the act is done by public employee or

a person entrusted with a public service, in any of the following
two circumstances:
First: if the act is perpetrated in execution if an order is-

sued to him from a superior legally authorized to issue such or-
der and who had to obey the order.
Second: if he performs in good faith an act in execution
- 36 -
of a law order.
3. RIGHT OF LAWFUL SELF DEFENSE
Article 56
There is no crime in case the act is performed in the exer-

cise of the right of lawful self-defense.
There shall be a right of lawful self-defense if the following

conditions are met:
First: if the defender faces an immediate danger from a

crime on his person, his property, or the person or property of
another or if he believed in the existence of such danger and his
belief is based on reasonable grounds.
Second: the defender has no possibility to resort to public

authorities to avoid the danger in due course.
Third: the defender has no other means to repel such

danger.
Fourth: the defense is necessary to repel the danger and

commensurate with it.
Article 57
The right of self-defense does not allow premeditated

murder unless it is intended to repel one of the following matters:
1. An act which it is feared would cause death or serious

wounds if such fear is based on reasonable grounds.
2. Forced sexual intercourse with a female or indecent assault
- 37 -
on any person.
3. Kidnapping of a human being.
4. Felony of arson, destruction or theft.
5. Breaking by night into an inhabited dwelling or any of its ap-
purtenances.
Article 58
The right of lawful self-defense does not allow resistance

to one of the members of the public authority during the perfor-
mance of an act in the exercise of his duties within the limits
thereof unless it is feared that such act may cause death or seri-
ous wounds and there is a reasonable ground for such appre-
hension.
Section two
Excess of legitimate limits
Article 59
Exceeding the legitimate limits in good faith shall be con-

sidered an extenuating excuse and, a judgment of acquittal may
be rendered if deemed appropriate by the judge.
- 38 -
TITLE FOUR
CRIMINAL LIABILITY AND ITS IMPEDIMENTS
CHAPTER ONE
CRIMINAL LIABILITY OF PHYSICAL PERSONS
SECTION ONE
LOSS OF CONSCIOUSNESS OR OF PERCEPTION
Article 60
Shall not be criminally responsible whoever was, at the

time of perpetrating the crime, in a state of unconsciousness or
loss of perception due to lunacy, mental handicap or a intoxicat-
ing materials of any kind given to him by force or taken uncon-
sciously by him or for any other reason proved scientifically that
it causes loss of consciousness or perception.
However, if the insanity, mental handicap, drugs, stupefa-

cient or intoxicating materials result only in a diminution or weak-
ness of consciousness or perception at the time of perpetration
of the crime, it shall be considered an extenuating excuse.
Article 61
Should the loss of consciousness or perception be the

result of drugs, stupefacient or intoxicating materials voluntarily
and knowingly taken by the perpetrator, he shall be penalized
for the perpetrated crime even if it requires a special criminal
intent; i.e. if it was perpetrated without being in a stupefacient or
intoxicated state.
Of the perpetrator has taken with premeditation the drugs,

stupefacient or intoxicating materials for the purpose of perpe-
- 39 -
trating the crime committed by him, this shall be considered an
aggravating circumstance of the penalty.
SECTION TWO
LOSS OF DISCERNMENT
Article 62
Criminal action shall not be brought against whoever did

not, at the time of perpetration of the crime, complete his seven
years of age. Age shall be established by an official deed and,
in case it is not available, the investigation or trial authority shall
delegate a specialized physician to assess the age by technical
means.
Nevertheless, the investigation authority and the juvenile

courts may, if it deems necessary, order taking the educational
and therapeutic measure appropriate for the case at hand.
SECTION THREE
MINORITY
Article 63
However has completed seven, but under eighteen, years

of age shall be governed by the provisions stipulated in the law
on delinquent and homeless juveniles(1).
- 40 -
SECTION FOUR
NECESSITY AND COERCION
Article 64
Criminal liability shall not be held against whoever per-

petrates a crime under necessary of protecting, his person or
property or the person or property of others, from a serious and
imminent danger which occurrence is beyond his own volition.
Likewise, shall not be criminally liable who perpetrates a

crime under physical or moral duress.
In the two instances mentioned in the two preceding para-

graph, the perpetrator of a crime must be in the impossibility of
avoiding the danger by other means and provided the crime is
proportionate and to the extent necessary to repel it.
CHAPTER TWO
LIABILITY OF JURISTIC PERSONS
Article 65
Juristic persons) other than government services and its

official departments, public organizations and institutions) shall
be held criminally liable for the crimes perpetrated by their rep-
resentatives, directors and agents for their account or in their
name.
These persons may not be condemned to penalties other

than fines, confiscation and the criminal measures provided by
law for a principal penalty other than fin, the penalty shall be lim-
ited to fine which maximum level shall not exceed fifty thousand
dirham. This however shall not prevent condemning the author
- 41 -
of the crime personally to the penalties prescribed by law for the
crime.
TITLE FIVE
PENALTY
CHAPTER ONE
PRINCIPAL PENALTIES
Article 66(1)
As amended by federal law no. 34 dated 24/12/2005 and

federal law no. 5 dated 14/12/2006:
Principal penalties are:

a. Dogmatic and chastisement penalties and blood-money.
b. Repressive penalties which are:
1. Capital punishment.
2. Life imprisonment.
3. Term imprisonment.
4. Incarceration.
5. Detention.
6. Fine.
Courts must sentence to the repressive penalties pre-

scribed in this law in case the conditions set forth in the Shari’a
for the application of the dogmatic and chastisement penalties
as well as blood-money are not met.
(1) This article was amended twice: (first) pursuant to Federal Law No.34
of 2005 which stipulated a lashing penalty to the original penalties, and
(second) pursuant to Federal Law No.52 of 2006 which wrote off the lashing
penalty thus returning the Law to the original form prior to the issuance of
Federal Law No.34 of 2005.
- 42 -
Article 67
A death sentence rendered by a federal court may not be

executed except after ratification by the state president.
Article 68
Imprisonment is the incarceration of convict in one of the

penitentiaries legally allocated for this purpose, for life if the sen-
tence is life imprisonment, or for the period specified in the sen-
tence in case of a temporary imprisonment.
Unless the law provides otherwise, the term of the tem-

porary imprisonment may not be less than three years and not
more than fifteen years.
Article 69
Detention is to place the convict in one of the penitentia-

ries legally allocated for this purpose for the term to which he
was sentenced.
Unless the law provides otherwise, the minimum period

of detention is one month and the maximum may not exceed
three years.
Article 70
Whoever is sentenced to a penalty restricting freedom

shall be charged of performing the work assigned to peniten-
tiaries taking into consideration his circumstances with a view
to reforming and habilitating him and in consideration of an
appropriate salary. Periodical reports shall be made to observe
his conduct and behavior and all these subject to the law regu-
- 43 -
lating penitentiaries.
Article 70 bis(1)
This article is cancelled pursuant to Federal Law

No.52 of 2006.
Article 71
The penalty imposing a fine is to compel the convict to pay

to the treasury the adjudicated amount and the fine should not
be less than one hundred dirham and not more than a maximum
of one hundred thousand dirham, un felonies, thirty thousands in
misdemeanors, unless otherwise provided for in the law.
Article 72
Should several convicts in a crime, whether as principal

authors or accomplices, be sentenced in a single judgment to a
fine, the court shall impose the fine on each severally, unless it is
proportional then the convict shall be jointly liable to pa it, unless
otherwise provided in the law.
(1) It is worth mentioning that Article (70) (bis) was appended to the Penal Code
pursuant to Federal Law No.34 of 2005. It stated the following: (Lashing is
hitting the convict with a lash. Lashing penalty may not become less than ten
lashes and shall not rise above forty lashes unless otherwise specified by
the law. The court, when adjudicating a crime with imprisonment for a period
of not more than three months or with a fine not exceeding ten thousand
dirhams, may replace the penalty as such with lashing)
- 44 -
CHAPTER TWO
ANCILLARY PENALTIES
SECTION ONE
ACCESSORY PENALTIES
Article 73
Accessory penalties are:
1. Deprivation of some rights and privileges.

2. Police surveillance.
These penalties shall be enforced against the convict ipso

jure in the manner specified in this section, without need to men-
tion it in the judgment.
Article 74
Each death sentence shall entail, ipso jure and from the
date it is rendered and until it is executed, depriving the convict
of all rights and privileges provided for in the following article,
as well as voidance of all acts of disposition and administration
made by him excluding the testament.
The competent court shall appoint an administrator on the

convict›s properties and shall follow in his appointment and de-
termining his powers, the procedures applied as concerns cura-
torship on the interdicted.
Article 75
Each sentence of life or temporary imprisonment shall

entail, ipso jure as of the date it is rendered, deprivation of the
- 45 -
convict of the following rights and privileges:
1. To be an elector or member of the legislative or consultative
boards;
2. To be member of municipality boards or in the board of di-
rectors of public organizations or institutions, public service
associations or institutions and joint stock companies, or
manager thereof;
3. To be guardian, curator or proxy;
4. To wear national or foreign distinction medals;
5. To bear arms.
The period of deprivation may not exceed three years

from the date of completing the execution of the penalty.
Article 76
A convict who has been sentenced to life or temporary im-

prisonment may not dispose of this properties during the term of
his imprisonment except with the authorization of the competent
civil or Shari’a court of which the convict›s residence depends.
Any act of disposition made by the convict in violation of

the preceding paragraph shall be void.
Article 77
The convict shall choose an administrator, approved by

the competent civil or Shari’a court of his residence, to adminis-
ter his properties during the period of his imprisonment. Where
such choice is not made within one month from the commence-
ment of execution of the imprisonment penalty, the court shall
appoint an administrator upon request of the public prosecution
or any interested party.
- 46 -
The court may ask from the administrator appointed by it
to provide a guarantee. The administrator shall, in any case, be
subordinated to the court in all matters related to his administra-
tion. The court shall restore to the convict his properties after
lapse of the penalty period or his release and the administrator
shall account to him for his administration.
Article 78
Should the convict sentenced to the penalty of life or tem-

porary imprisonment be a public servant or a person to whom is
assigned a public service, the sentence shall entail his removal
from his office.
Article 79
Whoever is condemned to life or temporary imprisonment

for a crime affecting the external or internal state security, for a
crime of money forgery, falsification or counterfeiting, falsifica-
tion or counterfeiting, falsification of stamps, government finan-
cial documents or official instruments, or in a crime of bribery,
embezzlement theft, and premeditated murder coupled with ag-
gravated circumstances, shall ipso jure after completion of the
penalty period be put under police surveillance according to the
rules established by the minister of interior for a period equal to
that of the penalty provided it does not exceed five years.
The court may, nevertheless, reduce in its judgment the

period of surveillance, exempt the convict there from or reduce
its restrictions.
The convict who violates the surveillance conditions shall

be sentenced to detention for period not exceeding one year
and/or a fine not exceeding five thousand Dirham.
- 47 -
SECTION TWO
COMPLEMENTARY PENALTIES
Article 80
The court may upon rendering a sentence of imprison-

ment in a felon, order the deprivation of the convict of one or
more of the rights or privileges stipulated in Article (75 for a mini-
mum period of one year and a maximum of three running from
completion of execution of the penalty or its lapse for any other
reason.
Article 81
Upon rendering a sentence of imprisonment against a

public servant in one of the crimes in which it is conditioned that
the perpetrator be a public servant, he may be condemned to
dismissal from office for a minimum period of one year and not
exceeding three years.
Article 82
When the court passes judgment in criminal or tort cases,

it has also to pass judgment for confiscation of items/proceeds
resulting from the crime without prejudicing the rights of the
bonafide persons whether these items/proceeds are used or to
be used in the crime.
If the said items which are used or in possession or sold

or offered for sale constitute a crime then confiscation has to
take place under any circumstances even if these items do not
belong to the accused.
- 48 -
CHAPTER THREE
STAY OF EXECUTION OF THE PENALTY
Article 83(1)
The court may, upon rendering in a crime a judgment

condemning to a non-proportional fine or to imprisonment for a
period not exceeding one year, order in the judgment a stay of
execution of the penalty if it finds in the character of the convict,
his past history, his age or from the circumstances in which the
crime was perpetrated, reason to believe that he will not perpe-
trate a crime anew.
The court may include in the stay of execution order any

ancillary penalty except confiscation.
In the misdemeanors provided for in articles 328, 329,

330, 339, 372, 373, 374, 394, 395, 403, 404, 405 and in cases of
theft, fraudulent misrepresentation, embezzlement and conceal-
ing the objects deriving there from; if the victim is the spouse,
one of the ascendants or descendants of the convict, the public
prosecution shall stay the execution of the penalty restricting
freedom whenever the victim forfeits his right or reaches a set-
tlement with the convict.
Article 84
Stay of execution of a penalty shall be for three years as

of the day on which the judgment becomes final.
2005 and(second) pursuant to Federal Law No.52 of 2006
- 49 -
Article 85(1)
The stay of execution of a judgment may be cancelled in

any of the following instances:
First: if, within the period specified in the preceding article,

the convict has deliberately perpetrated a crime for which he
was sentenced in a decisive judgment to a sanction restricting
freedom for more than two months, whether the sentence has
been rendered during or after expiry of the said period provided
that a criminal action has been instituted during such period.
Second: if, during the period stated in the preceding ar-

ticle, the convict had been condemned, prior to the writ of stay
of execution, by a judgment provided for in the preceding para-
graph and the court had no knowledge of it when it ordered the
stay of execution.
prior to the amendment stated the following: “The stay of execution of a
judgment may be cancelled in any of the following instances:
First: if, within the period specified in the preceding article, the convict has
deliberately perpetrated a crime for which he was sentenced in a decisive
judgment to a sanction restricting freedom for more than three months,
whether the sentence has been rendered during or after expiry of the said
period provided that a criminal action has been instituted during such period.
Second: if, during the period stated in the preceding article, the convict
had been condemned, prior to the writ of stay of execution, by a judgment
provided for in the preceding paragraph and the court had no knowledge of
it when it ordered the stay of execution.
The cancellation judgment shall be rendered by the court that issued the writ
of stay of execution, upon request of the public prosecution after summoning
the convict to appear.
Where the penalty on which was based the cancellation has been adjudicated
subsequent to the writ of stay of execution, the cancellation judgment may
be rendered by the same court that imposed this penalty, whether on its own
motion or upon request of the public prosecution, without prejudice to the
degrees of trial before the courts.
The cancellation judgment shall entail the execution of the penalty object of
the stay of execution
- 50 -
The cancellation judgment shall be rendered by the court
that issued the writ of stay of execution, upon request of the pub-
lic prosecution after summoning the convict to appear.
Where the penalty on which was based the cancellation

has been adjudicated subsequent to the writ of stay of execu-
tion, the cancellation judgment may be rendered by the same
court that imposed this penalty, whether on its own motion or
upon request of the public prosecution, without prejudice to the
degrees of trial before the courts.
The cancellation judgment shall entail the execution of

the penalty object of the stay of execution.
Article 86
Should the period specified in Article (84 expire without

the availability of any cause of cancellation of the stay of execu-
tion, the judgment shall be considered as non-existent.
Chapter four
Plurality of crimes and penalties
Article 87
If single act constitutes several crimes, shall be taken into

consideration the crime which penalty is more severe and this
penalty shall imposed to the exclusion of all others.
Article 88
In case several crimes occur having a single purpose and all

are linked to each other inseparably, they must all be considered
a single crime and the most severe penalty shall be adjudicated.
- 51 -
Article 89
The adjudication of the penalty prescribed for the most

severe crime, in the two preceding articles, shall be without prej-
udice to the imposition of the ancillary penalties prescribed by
law with regard to the other cries.
Article 90
In case provided for in Article (88, should the criminal be

condemned for the crime with the slightest penalty, he should
afterwards be put into trial for the crime with the most severe
penalty and, in this case, the court shall order the execution of
the penalty adjudicated in the latter judgment after deducting the
period severed from the former judgment.
Article 91(1)
Should a person perpetrate several crimes before being

sentenced to one of these and the conditions specified in the
two articles 87 and 88 are not met, he shall be sentenced to the
penalty prescribed for each and all penalties adjudicated shall
be successively executed provided the total periods of imprison-
ment alone, or the total periods of imprisonment and detention
do not exceed twenty years for both and ten years for detention
alone.
If the penalties are of different kinds, imprisonment shall

be executed first then detention.
- 52 -
Article 92
The death penalty shall override all other repressive pen-

alties with the exception of proportionate fines and confiscation.
The penalty of imprisonment shall, to the extent of its period,
override the detention penalty for a crime perpetrated prior to
the mentioned sentence of imprisonment.
Article 93(1)
The following penalties shall be executed regardless of

their number:
1. Fine and ancillary penalties.
2. Criminal measures taken provided the total periods of po-
lice surveillance do not exceed five years.
- 53 -
TITLE SIX
LEGAL EXCUSE AND DISCRETIONARY EXTENUAT-
ING AND AGGRAVATING CIRCUMSTANCES
CHAPTER ONE
LEGAL EXCUSES AND DISCRETIONARY EXTENUAT-
ING CIRCUMSTANCES
Article 94
Excuses are either exempting or extenuating from pen-

alty.
Excuses are only those specified by law.
Article 95
Exempting excuses shall prevent adjudication of any pen-

alty or measure except confiscation.
Article 96
The juvenile age of the criminal, the perpetration of a

crime for non-malicious motives or upon a serious and undue
provocation on the part of the victim, shall be considered among
the extenuating excuses.
Article 97
Should there be an extenuating excuse in a crime sanc-

tioned by death penalty, the penalty shall be commuted to life or
temporary imprisonment or to detention for a minimum period of
one year. In case the penalty is life or temporary imprisonment,
it shall be commuted to detention for a minimum period of three
- 54 -
months, unless otherwise provided by law.
Article 98
If the court deems in a felony that the circumstances of

the crime or of the criminal call for the extenuation of the penalty,
it may commute the penalty prescribed for the felony in the fol-
lowing manner.
a- Where the penalty prescribed for the felony is death sen-

tence, it may be commuted to life or temporary imprison-
ment.
b- Where the penalty prescribed for the felony is life imprison-

ment, it may be commuted to temporary imprisonment for a
minimum period of six months.
c- Where the penalty prescribed for the felony is temporary

imprisonment, it may be commuted to detention for a mini-
mum period of three months.
Article 99
If there is, in a misdemeanor, an extenuating excuse, the

commutation shall be as follows:
a. In case the penalty has a specific minimum level, the court
shall not be bound by it in considering the penalty.
b. If the penalty is imprisonment and a fine, court shall adjudi-

cate one of these two penalties only.
c. Where the penalty is imprisonment not tied up with a spe-

cific minimum, the court may instead pass judgment for a
fine.
- 55 -
Articles 100
If the court deems, in a misdemeanor that the circum-

stances of the crime or of the criminal call for clemency, it may
commute the penalty in the manner specified in the preceding
article.
Article 101
If there is in a misdemeanor both an extenuating circum-

stance and an extenuating excuse, the court shall grant the ac-
cused a judicial pardon.
CHAPTER TWO
AGGRAVATING CIRCUMSTANCES
Article 102
Taking into consideration the cases in which the law spec-

ifies special reasons for aggravation, the following shall be con-
sidered aggravating circumstances:
a. Perpetrating a crime for a vile motive.
b. Perpetrating a crime by taking advantage of the weak state

of mind of the victim, his inability to resist or in circumstanc-
es that does not allow for someone else to defend him.
c. Perpetration of a crime by using savage means or by muti-

lation of the victim.
d. Perpetration of a crime by a public servant through exploit-

ing the authority of his position or of his capacity, unless the
law provides for a special sanction in consideration of this
capacity.
- 56 -
Article 103(1)
Where there is on the crime an aggravating circumstance,

the court may impose the penalty in the following manner:
a. If the penalty original prescribed for the crime is a fine, its
maximum limit may be doubled or a judgment of detention
may be given.
b. If the penalty originally prescribed for the crime is detention,

its maximum limit may be doubled.
c. If the penalty originally prescribed for the crime is temporary

imprisonment which upper limit is less than fifteen years,
the penalty may reach the upper limit.
d. If the penalty originally prescribed for the crime is temporary

imprisonment that reached the maximum limit, the penalty
may be exchanged for life imprisonment.
Article 104
Unless otherwise provided by law, if a crime, not penal-

ized by a fine, is perpetrated with a movie of profit, the perpetra-
tor may be penalized, in addition to the penalty originally pre-
scribed for the crime, to a fine not exceeding the profit realized.
In case aggravating circumstances are present, in a sin-

gle crime, with extenuating circumstances, the court shall first
apply the aggravated circumstances, then the extenuating ex-
cuses followed by the extenuating circumstances.
Should the aggravating circumstances vary in their effect
- 57 -
with those of the excuses, the court may, however, give prepon-
derance to the stronger of the two.
CHAPTER THREE
RECIDIVISM
Article 106(1)
Shall be considered a recidivist:
First: whoever is condemned by a decisive judgment to a

criminal penalty and then a crime thereafter.
Second: whoever has been condemned by a decisive

judgment to detention for a period of six months or more and
then perpetrates misdemeanor before the lapse of five years
from the date of complete execution of this penalty.
Recidivism is not available except in crime united in pre-

meditation and mistake.
The court may, in these cases, refuse to consider recidi-

vism an aggravating circumstance.
(1) his article was amended pursuant to Federal Law No.34 of 2005. The
text prior to the amendment stated the following: “Shall be considered a
recidivist:
First: whoever is condemned by a decisive judgment to a criminal penalty
and then a crime thereafter.
Second: whoever has been condemned by a decisive judgment to detention
for a period of six months or more and then perpetrates misdemeanor before
the lapse of three years from the date of complete execution of this penalty.
Recidivism is not available except in crime united in premeditation and
mistake.
The court may, in these cases, refuse to consider recidivism an aggravating
circumstance.
- 58 -
Article 107
If a recidivist has previously been sentenced to two pen-

alties restricting freedom, both of them for one year at most, or
three penalties restricting freedom, one of which is for one year
at least, because of theft, swindling, breach of trust, hiding ob-
jects obtained there from or attempt to perpetrate such crimes,
and then he commits or attempts to commit a misdemeanor,
in one of the mentioned publishable crimes, after he has been
sentenced to the last of these penalties, the court shall condemn
him to temporary incarceration for a period not exceeding five
years in lieu of applying the provisions of the preceding article.
Article 108
The court shall, in accordance with the provision of the

preceding article, sentence the perpetrator of a misdemeanor
mentioned therein, after he has been sentenced in one of the
crimes mentioned in articles 305, 424, 426 and 428 to two pen-
alties restricting freedom, both for one year at least, or to three
penalties restricting freedom, one of them at least is for a period
of one year.
- 59 -
TITLE SEVEN
CRIMINAL MEASURES
CHAPTER ONE
KINDS OF CRIMINAL MEASURES
Article 109
Criminal measures are either restricting freedom, depriv-

ing of right or material punishments.
SECTION ONE
MEASURES RESTRICTING FREEDOM
Article 110
Measures restricting freedom are:

1. Prohibition of frequenting certain public places.
2. Prohibition of residing in a specific place.
3. Surveillance.
4. Obligation to work.
5. Deportation from the state.
Article 111
The court shall prohibit the condemned from frequenting

the public places specified by it should the crime be perpetrated
under influence of intoxication or narcotics as well as the other
instances provided for in the law. Prohibitions shall be for a mini-
mum period of one year and a maximum of five.
Article 112
Prohibition of residence in a specific place is depriving
- 60 -
the convict to reside or frequent, subsequent to his release, this
place or the places specified in the judgment for a minimum pe-
riod of one year and a maximum of five.
Article 113
If a person has been sentenced to a death penalty or life

or life imprisonment and a special pardon has been granted for-
feiting whole or part of this penalty or exchanging it for a milder
penalty, the public prosecution must submit his case to the court
that rendered the judgment in order to decide whether to prohibit
him from residing in the place or places it specifies for a period
of five years; unless the pardon decision stipulates otherwise.
In case of rendering a temporary imprisonment, the court

may order prohibiting the convict from residing in specific place
or places for the period of the sentence provided it does not
exceed five years. Should the judgment rendered in the felony
sentence the convict to detention, the court may decide to pro-
hibit residence for a period not exceeding two years.
Article 114
The court that has rendered the judgment may, upon re-
quest of the public prosecution or the convict, shorten the period
of the sentence decided under the preceding articles, exempt
the convict from the remaining period or modify the places in
which the criminal measures are to be executed.
Article 115
Surveillance is obliging the convict to comply with all or

part of the restrictions, as specified in the judgment:
- 61 -
1. Keep the place of residence unchanged unless the change
is approved by the competent administrative body and, in
case he has no place of residence, the said body shall de-
termine such place to him.
2. Present himself to the competent administrative body at pe-

riodic interval as fixed by the said body.
3. Abstain from frequenting the places specified in the judg-

ment.
4. Abstain from leaving his dwelling at night time except by

permission of the competent administrative body.
Article 116
If a person has been sentenced to a death penalty or life

imprisonment and a special pardon has been granted forfeiting
whole or part to this penalty or exchanging it for a milder penalty
the convict shall ipso jure be subject to the surveillance restric-
tions provided for in paragraphs 1, 2 and 4 of the preceding
Article (for a period of five years, unless otherwise provided in
the pardon order.
Article 117
If a person has been sentenced to life or term imprison-

ment for a felony violating the state internal or external security,
he must be put under surveillance for a period not exceeding
five years, where the court renders a judgment in a felony im-
posing a penalty restricting freedom for a period exceeding one
year, it may put the convict under surveillance for a period not
exceeding five years and not beyond the period of the penalty.
- 62 -
Article 118
The surveillance period shall start from the date fixed in

the judgment for its execution but the date fixed for its expiry
shall not be extended should the execution thereof become im-
possible.
Article 119
The court shall supervise the execution of the surveil-

lance through periodic reports, submitted to it by the competent
administrative body, every three months at least, on the behav-
ior of the convict. The court may amend the surveillance restric-
tions or allow total or partial exemption there from.
Article 120
Obligation to work is ask the convict to perform an ap-

propriate work in one of the government institutions or estab-
lishments, as determined by a decision issued by the minister
of justice in agreement with the ministers of interior and labor
and social affairs, provided he is given one fourth of the salary
prescribed.
Obligation to work shall only apply to misdemeanors and

in lieu of the penalty of detention or fine and provided that the
obligation to work is not for less than ten days and not more than
one year.
- 63 -
Article 121(1)
In case a foreigner is sentenced to a penalty restricting

freedom in a felony or a misdemeanor, the court may order its
deportation out of the state and deportation becomes a must in
crimes against honor.
In misdemeanors, the court may order deportation in lieu

of sentencing the convict to the penalty restricting freedom ap-
plicable on misdemeanors.
SECTION TWO
MEASURES DEPRIVING FROM RIGHTS AND MATE-
RIAL MEASURES
Article 122
The measures of deprivation of rights and material mea-

sures are:
1. Forfeiture of tutorship, trusteeship, curatorship or proxy on

the absentee.
2. Prohibition to practice a specific work.
3. Withdrawal of the driving license.
4. Closing the premises.
Article 123
Forfeiture of tutorship, trusteeship, curatorship or proxy

text prior to the amendment stated the following: “In case a foreigner is
sentenced to a penalty restricting freedom in a felony or a misdemeanor, the
court may order its deportation out of the state and deportation becomes a
must in felonies committed against honor.
In misdemeanors, the court may order deportation in lieu of sentencing the
convict to the penalty restricting freedom applicable on misdemeanors.
- 64 -
on the absentee is depriving the convict from exercising such
authority whether it concerns the person or the property.
Forfeiture shall be for the period fixed by the court.
The court may restrict forfeiture to some of the authorities

resulting from tutorship, trusteeship, curatorship or proxy on the
absentee.
Article 124
In case the tutor, trustee, curator or proxy on the absentee

is condemned for a crime perpetrated in breach of the duties of
his authority, the court may order the forfeiture of his tutorship,
trusteeship, curatorship or proxy on the absentee.
The order of forfeiture becomes mandatory if he perpe-

trates a crime disqualifying him of becoming a tutor, trustee, cu-
rator or proxy on the absentee.
Article 125
Prohibiting the practice of a work is the deprivation of the

right of practicing a profession, craft, an industrial or a commer-
cial activity which practice require a license from the public au-
thority.
Article 126
If a person perpetrates a crime in violation of his profes-

sion, craft, industrial or commercial activity for which he was
sentenced to a penalty restricting his freedom for a minimum
period of six months, the court may upon conviction prohibit him
from practicing his work for a maximum period of two years. In
- 65 -
case of recidivism of such crime during the five years follow-
ing the issuance of a decisive judgment of prohibition, the court
must order the prohibition for a minimum period of one year but
not exceeding five.
The period of prohibition shall commence the date on

which the execution of the penalty has been completed or ex-
pired for any reason.
Such a measure may suffice in lieu of the principal pen-

alty prescribed for the crime.
Article 127
Withdrawal of the convict›s driving license may result in

suspending its effects for the period fixed by the court which
should not be less than three months and not more than two
years.
Such a measure may be ordered upon sentencing the

convict to a penalty restricting freedom for a crime perpetrated
through a transport mechanical device in violation to the obliga-
tions imposed by law.
Article 128
Excluding the special instances where the law provides

for the closing of the premises, the court, in prohibiting a per-
son from practicing his business in accordance with Article (126,
may order the closure of the premises where he practices this
business for a minimum period of one month and a maximum of
one year.
The closure shall entail the prohibition of carrying on the
- 66 -
same business, trade or industry in the same place whether di-
rectly by the convict or through a member of his family or any other
person to whom the convict has leased or assigned the premises
subsequent to the perpetration of the crime. This prohibition does
not apply to the owner of the premises or any person having a real
right there on, if he has no relation with the crime.
CHAPTER TWO
GENERAL PROVISIONS
Article 129
Measures provided for in this title may not be taken

against a person without establishing that he has perpetrated
an act that the law considers a crime and his condition requires
taking such measure for the safety of the society.
The condition of the convict is considered dangerous to

society if his circumstances, past, behavior, the crime›s, circum-
stances or motives show a serious probability that he is going to
perpetrate another crime.
Article 130
Any violation to the provisions of the adjudicated criminal

measure shall be sanctioned by detention for a period not ex-
ceeding one year or a maximum fine of five thousands dirham.
In lieu of applying the penalty prescribed in the preceding

paragraph, the court may order to extend the period of the mea-
sure by a maximum of one half of the sentence period, provided
it does not in any case exceed three years, or substitute this
measure by any other provided for in the preceding chapter.
- 67 -
Article 131
Measures provided for in this title may not be subject to a

stay of execution.
Article 132
The court may, upon request of the concerned person or

the public prosecution, order the termination of the amendment
in scope of any of the inflicted measures from among those pro-
vided for in the preceding articles, deportation excepted, as it
may upon the public prosecution›s request cancel at any time
the measure.
Should the request, referred to in the preceding para-

graph, be rejected, it may not be submitted again except after
three months at least from the date of its rejection.
- 68 -
TITLE EIGHT
COLLECTIVE DEFENSE
CHAPTER ONE
CASES OF SOCIAL DEFENSE
SECTION ONE
MENTAL OR PSYCHIC DISEASE
Article 133
Should the act constituting the crime be perpetrated by

a person under the influence of lunacy, mental handicap or a
psychic illness that made him lose absolute control of his acts,
the court shall order his reclusion in a treatment house, in ac-
cordance with a decision taken by the minister of justice in con-
sultation with the minister of health.
The same measure shall be adopted with regard to who-

ever is, subsequent to the judgment, in one of these conditions.
SECTION TWO
REGULAR CRIMINALS
Article 134
Should recidivism occur in accordance with the two ar-

ticles 107 and 108, the court may, in lieu of inflicting the penalty
prescribed therein, decide to consider the recidivist regular crim-
inal and shall in this case order to detain him in one of the labor
institutions to be formed and organized by a regulation, issued
by the minister of labor and social affairs, in which the manner of
treating the detainees in it shall be determined.
- 69 -
Where the recidivist has previously been sentenced to the
penalty prescribed in articles 107 and 108 and then perpetrates
a felony, the court may, instead of inflicting the penalty which the
perpetrator deserves, consider him a regular criminal and order
his detention in one of the labor institutions.
Section three
Social danger
Article 135
A person may constitute a social danger if he is lunatic,

mentally disabled or afflicted by a psychic disease disabling him
from controlling his acts so as his personal safety of others are
endangered, he shall in this case be detained in a treatment
asylum by order of the competent court upon request of the pub-
lic prosecution.
CHAPTER TWO
SOCIAL DEFENSE MEASURES
Article 136
Social defense measures are the following:
1. Detention in a treatment asylum.

2. Detention in one of the labor institutions.
3. Surveillance.
4. Obligating him to reside in his domicile of origin.
Article 137
Whoever is sentenced to be detained in a therapeutic

asylum shall be sent to a health institution specialized for the
- 70 -
purpose where he shall receive the care that his condition re-
quires.
Health institutions shall be determined by a regulation to

be issued by the minister of health in agreement with the minis-
ter of justice.
Should he be sentenced to detention in a therapeutic asy-

lum, the competent court shall examine the medical reports on
the condition of the convict at periodic intervals not to exceed six
months each. The court may, after consulting the public pros-
ecution, may order the release of the convict if it appears that
his condition so permits.
Article 138
In instances where the law provides for the detention in

one of the labor institutions, the court shall order such measure
without fixing the detention period.
Persons in charge of the administration of the institution

have to submit to the competent tribunal through the public pros-
ecution periodical reports on the condition of the convict with-
in periods not exceeding six months each the court may after
seeking the opinion of the public prosecution order his release if
it finds that his condition has improved.
The period of detention for the regular criminals may not

exceed five years in misdemeanors and ten in felonies.
Article 139
The provisions of Article (115 of this title shall apply to

surveillance which period may not exceed three years.
- 71 -
Article 140
The obligation to reside in the domicile of origin consists

in having the person return to this domicile where he was resid-
ing prior to his move to the place where it is established that he
became a social danger. This obligation may not last for less
than six months and not more than three years.
Article 141
Upon violation of the measures taken according to this

title, the court may extend the period of the measure for a term
not exceeding half of the sentence period.
Article 142
The execution of the social defense measures may not

be stayed.
- 72 -
TITLE NINE
GENERAL AMNESTY, REMISSION
FROM PENALTY AND
JUDICIAL PARDON
Article 143
General amnesty for a specific crime or crimes shall be

granted by a law and result in the extinction of the criminal action
or deletion of the judgment of conviction rendered in it, consid-
ering these crimes or this crime as non existing and forfeiture
of all principal and accessory penalties and criminal measures,
without having any effect on all penalties and criminal measures
that have been previously executed.
Article 144
If a general amnesty law has been enacted for part of the

penalties adjudged, it shall be considered as a special pardon
and its provisions shall apply thereto.
Article 145
Special pardon shall be granted by decree that includes

forfeiture of the adjudged penalty, from the federal judiciary point
of view, totally or partially or replace it by a milder penalty pre-
scribed by law.
A special pardon does neither entail forfeiture of the ac-

cessory penalties nor the other criminal effects or criminal mea-
sures unless provided otherwise in the decree.
The special pardon shall be of no effect on the penalties

previously executed.
- 73 -
Article 146
Forfeiture of the penalty or criminal measure by special

pardon shall be considered as if executed.
Article 147(1)
In addition to the instances for which a special provision

is prescribed, the judge may pardon the convict for a misde-
meanor in one of the following cases:
a. If the convict did not reach twenty one years of age when
perpetrating the crime and he has not been condemned for
another crime.
b. Where the misdemeanor is one of insult or battery, and the
assault was reciprocated, or the assault was minor and the
victim desisted himself of his personal right to sue.
In case of pardon, the judge shall address the perpetrator
whatever advice and guidance he deems appropriate and warn
him that he will not benefit in future of a pardon anew:
Article 148
Pardon of any kind a not prejudice whatever rights the

litigants or third parties may have.
prior to the amendment stated the following: “In addition to the instances for
which a special provision is prescribed, the judge may pardon the convict for
a misdemeanor in one of the following cases:
a If the convict did not reach twenty one years of age when perpetrating the
crime and he has not been condemned for another crime.
b Where the misdemeanor is one of insult or battery, and the assault was
reciprocated.
In case of pardon, the judge shall address the perpetrator whatever advice
and guidance he deems appropriate and warn him that he will not benefit in
future of a pardon anew.
- 74 -
BOOK TWO
CRIMES AND THEIR PENALTIES
TITLE ONE
CRIMES AGAINST STATE SECURITY AND INTER-
ESTS
CHAPTER ONE
CRIMES AGAINST STATE EXTERNAL SECURITY
Article 149
Every citizen joining, in any manner, the armed forces of

a county in a state of war with the state or the armed forces of a
group hostile to the state shall be sentenced to capital punish-
ment.
Article 149/1(1)
Whoever commits an action that causes damage to the

sovereignty, independence or unity of the State or the safety of
its territories.
Article 149/2(2)
Whoever bears an arm against the state, attempts or in-

stigate to the so shall be sentenced to life or term imprisonmen
(1) This article was appended to the Penal Code pursuant to Federal Law No.34
of 2005
of 2005.”
- 75 -
Article 150
Shall be sentenced to death:
a. Whoever interferes in favor of the enemy in scheme to

shake the loyalty of the armed forces, to weaken its moral
spirit or its resistance force.
b. Whoever, in time of war, instigates soldiers to enroll in the

service of any alien country or facilitates such enrollment.
c. Whoever interferes, in any manner whatsoever, in gathering

soldiers, men, funds, supplies, ammunitions, or arrange for
any of these for the benefit of a country in state of war with
the state or of a group hostile with it.
Article 151(1)
Shall be sanctioned to death or life imprisonment whoever

facilitates to the enemy entry to the state’s territory or surrenders
to them parts of its lands, cities, ports or a fortress, a facility,
a location, a warehouse, a factory, a vessel, an airplane, any
transportation means, a weapon, an ammunition, explosives, a
war equipment or materials destined for defense or used for the
same purpose.
The penalty shall be term imprisonment, should he deliver

to the enemy supplies or food or the like prepared for defense or
used for the same purpose.
prior to the amendment stated the following: “Shall be sanctioned to death
or life imprisonment whoever facilitates to the enemy entry to the state›s
territory or surrenders to them parts of its lands, cities, ports, fortress,
position, warehouse, factory, vessel, airplane, any transportation means,
weapon, ammunition, explosive, war equipment, materials, supplies, food or
the like destined for defense or used for the same purpose.
- 76 -
Article 152(1)
Shall be sentenced to life or term imprisonment, whoever

assists the enemy purposefully by disclosing information or act
as a guide thereof.
Shall be sentenced to term imprisonment, whoever ex-

tends to the enemy forces a service in order to obtain a benefit
or interest or promise thereto for himself or to person named by
him for this end, whether this be on direct or indirect basis and
regardless of whether the benefit or interest be material or not.
The sentence, under any circumstances, shall be a mini-

mum fine of one hundred thousand dirhams and maximum of
double the benefit or interest.
Article 153(2)
Shall be sentenced to term imprisonment, whoever know-

ingly aids or assists a prisoner of war or a detained enemy soldier,
citizen, agent, or any of them or provides them with shelter, food,
clothes, transportation means or through any other form of assis-
tance or if he hides any of them after their escape from internment.
prior to the amendment stated the following: “Shall be sentenced to life or
term imprisonment, whoever assists the enemy purposefully by disclosing
information or act as a guide thereof. Shall be sentenced to a maximum
imprisonment of ten years, whoever extends to the enemy forces a service
in order to obtain a benefit or interest or promise thereto for himself or to
person named by him for this end, whether this be on direct or indirect basis
and regardless of whether the benefit or interest be material or not.
text prior to the amendment stated the following: “Shall be sentenced to
a maximum imprisonment of ten years, whoever knowingly aids or assists
a prisoner of war or a detained citizen of the enemy agent, and shall be
sentenced to a maximum imprisonment of five years, whoever provides
them with shelter, food, clothes or any other form of assistance to a soldier or
an agent of the enemy or knowingly assist them to escape from internment.
- 77 -
The penalty shall be life imprisonment if the person of-
fering assistance resists the authorities in order not to re-arrest
any of the aforementioned. The penalty shall be death sentence
should the resistance result in the death of a person.
Article 153/1(1)
Shall be sentenced to life imprisonment every public ser-

vant in charge of guarding a war prisoner, or one of the incarcer-
ated enemy citizens or agents, who willfully facilitates his es-
cape from the place of incarceration.
The penalty shall be prison for a period not exceeding

five years in case the act resulted from negligence or failure of
proper watching.
Article 154
Shall be sentenced to capital punishment, whoever seeks

with a foreign enemy country, or with any one serving its inter-
ests or communicates with any of these, to assist the said county
in its war operations or to jeopardize the state›s war operations.
Shall be sentenced to life imprisonment, whoever seeks

with a foreign enemy country or with any one serving its inter-
ests or communicates with any of these, to perpetrate hostile
acts against the state.
of 2005
- 78 -
Article 155(1)
Should any of the following acts occur during peace time,

the sanction is imprisonment for a period not exceeding ten
years and, if in war time, ten years shall be the minimum sanc-
tion:
1. Whoever works with a foreign enemy country or with any

one serving its interests or communicates with any of these
and as a result thereof the military, political or economic
position of the State is jeopardized.
2. Whoever deliberately destroys, conceals, embezzles or

counterfeits papers or documents knowing that they relate
to the State security or any other national interest.
Should the crime occur for the purpose of prejudicing the

military, political or economic position of the State, jeopardizing
a national interest or be perpetrated by a public servant or a
person in charge of a public service, this shall be considered an
aggravating circumstance.
prior to the amendment stated the following: “Should any of the following
acts occur during peace time, the sanction is imprisonment for a period not
exceeding five years and, if in war time, five years shall be the minimum
sanction:
Whoever works with a foreign enemy country or with any one serving its
interests or communicates with any of these and as a result thereof the
military, political or economic position of the State is jeopardized.
Whoever deliberately destroys, conceals, embezzles or counterfeits papers
or documents knowing that they relate to the State security or any other
national interest.
Should the crime occur for the purpose of prejudicing the military, political
or economic position of the State, jeopardizing a national interest or be
perpetrated by a public servant or a person in charge of a public service, this
shall be considered an aggravating circumstance.”
- 79 -
Article 156
Shall be sentenced to life imprisonment, whoever is in

charge of negotiating with an alien government or an interna-
tional organization in one of the state affairs and deliberately
conducts such negotiations against the state interests.
Article 157(1)
Whoever asks, accepts or takes for himself or for others,

even through intermediation, from an foreign country or any one
working for its benefit, a gift or an advantage of any kind, or
has been promised any of these, for the purpose of perpetrating
an act jeopardizing a State interest, shall be sentenced to term
imprisonment and a minimum fine of one hundred thousand dir-
hams but not exceeding double the value of what was asked,
accepted, taken or promised. The penalty shall be life imprison-
ment and the mentioned fine if the perpetrator is a public ser-
prior to the amendment stated the following: “Whoever asks, accepts or
takes for himself or for others, even through intermediation, from an foreign
country or any one working for its benefit, a gift or an advantage of any
kind, or has been promised any of these, for the purpose of perpetrating an
act jeopardizing a State interest, shall be sentenced to term imprisonment
and a minimum fine of ten thousand dirhams but not exceeding the value
of what was asked, accepted, taken or promised. The penalty shall be life
imprisonment and the mentioned fine if the perpetrator is a public servant,
a person commissioned of a public service or if any of the said crimes have
been perpetrated in war time.
Shall be sentenced to term imprisonment and a minimum fine of one
hundred thousand dirhams but not exceeding double the value of what
was asked, accepted, taken or promised, whoever has given, promised or
offered something mentioned hereinabove for the purpose of perpetrating
an act prejudicial to a national interest, even if the item given, promised or
offered was not accepted.
Shall equally be sentenced to the same penalty whoever acts as an
intermediary in the perpetration of one of the crimes mentioned in the
present article.
In case the request, acceptance, promise or offer is made in writing, the
crime shall be complete as soon as the writing is emitted.
- 80 -
vant, a person commissioned of a public service or if any of the
said crimes have been perpetrated in war time.
Shall be sentenced to term imprisonment and a minimum

fine of one hundred thousand dirhams but not exceeding dou-
ble the value of what was asked, accepted, taken or promised,
whoever has given, promised or offered something mentioned
hereinabove for the purpose of perpetrating an act prejudicial to
a national interest, even if the item given, promised or offered
was not accepted.
Shall equally be sentenced to the same penalty whoever

acts as an intermediary in the perpetration of one of the crimes
mentioned in the present article.
In case the request, acceptance, promise or offer is made

in writing, the crime shall be complete as soon as the writing is
emitted or dispatched by any other means.
Article 158
Shall be sentenced to death or life imprisonment, whoev-

er delivers or discloses in whatever manner and by any means
to an alien county, or to one of those serving its interests, any
state defense secrets or has by any means obtained such secret
for the purpose of delivering or disclosing it to an alien country or
to whoever is serving its interests the same penalty shall apply
to whoever destroys, for the benefit of an alien country any of
these defense secrets or made it unfit for use.
- 81 -
Article 159(1)
Shall be sentenced to term imprisonment, every public

servant, or a person commissioned with a public service, who
discloses a secret entrusted to him concerning state defense.
The penalty shall be life imprisonment if the crime is per-

petrated during war time.
Article 160(2)
Shall be sentenced to term imprisonment:
1- Whoever endeavors to obtain by any illicit means a state

defense secret without the intention of delivering or disclos-
ing it to a foreign country or to one serving its benefits.
2- Whoever propagates by any means a state defense secret
3- Whoever devises or uses a communication means or infor-

mation technology to attain, deliver or disseminate a State
(1) his article was amended pursuant to Federal Law No.34 of 2005. The
imprisonment of a maximum five years , every public servant, or a person
commissioned with a public service, who discloses a secret entrusted to him
concerning state defense.
The penalty shall be imprisonment of a minimum five years if the crime is
perpetrated during war time.
prior to the amendment stated the following: “Shall be sentenced to term
imprisonment:
1. Whoever endeavors to obtain by any illicit means a state defense secret
without the intention of delivering or disclosing it to a foreign country or to
one serving its benefits
2. Whoever propagates by any means a state defense secret
3. Whoever devises or uses a communication means or information technology
to attain, deliver or disseminate a State defense secrets
The penalty shall be imprisonment for a period not exceeding ten years if the
crime occurs during war time.
- 82 -
defense secrets
The penalty shall be life imprisonment if the crime occurs

during war time.
Article 161

deliberately destroys, impairs or disrupts a weapon, a vessel. A
airplane, equipment, establishment, means of transport, public
utility, ammunition, supplies, drugs or other things that are set up
for the state defense or used for this purpose.
The same penalty shall apply to whomever deliberately

manufactures or repairs anything mentioned in the preceding
paragraph, as well as whoever deliberately performs an act that
renders it unfit, even temporarily, to be used for its intended use
or makes it prejudicial.
The penalty shall be the death sentence or life imprison-

ment in case the crime occurs in time of war.
Article 162(1)
Whoever, during war, by himself or through an interme-

diary and whether directly or through another country, exports
text prior to the amendment stated the following: “Whoever, during war, by
himself or through an intermediary and whether directly or through another
country, exports goods or products or other materials from the State to a
hostile country, or imports any of these objects from such a country, shall be
sentenced to term imprisonment and a fine not exceeding double the value
of the exported or imported objects and provided the fine is not less than ten
thousand dirhams.
The corpus delicti shall by judgment be confiscated and, if not seized,
the convict shall be condemned to a fine equal to the value of the items
constituting the corpus delicti.
- 83 -
goods or products or other materials from the State to a hostile
country, or imports any of these objects from such a country,
shall be sentenced to term imprisonment and a fine not exceed-
ing double the value of the exported or imported objects and pro-
vided the fine is not less than one hundred thousand dirhams.
The corpus delicti shall by judgment be confiscated and, if

not seized, the convict shall be condemned to a fine equal to the
value of the items constituting the corpus delicti.
Article 163(1)
Shall be sentenced to term imprisonment and a fine equals

double the value of the item constituting the corpus delicti, but
not less than one hundred thousand dirhams, whoever in war
time, by himself or through an intermediary, directly or indirectly,
performs an act of trade, not stipulated under Article 162 hereof,
with the citizens of a hostile country. The items constituting the
corpus delicti shall be confiscated and, if not seized, the convict
shall be condemned to a fine equal in value with these items..
imprisonment for a period not exceeding ten years and a fine not less than
ten thousand dirhams but not more than one hundred thousand dirhams,
whoever in war time, by himself or through an intermediary, directly or
indirectly, performs an act of trade, not stipulated under Article 162 hereof,
with the citizens of a hostile country. The items constituting the corpus delicti
shall be confiscated and, if not seized, the convict shall be condemned to a
fine equal in value with these items.
- 84 -
Article 164(1)
Shall be sentenced to term imprisonment whoever in

time of war fails to perform all or part of the obligations imposed
thereupon by an agreement of contract, transportation, supply,
undertaking, public works or any other contract binding him with
the government for the requirements of the armed forces or for
the protection of, or supplies to, the civilians or committed fraud
in performance thereof.
Should the crime be perpetrated for the purpose of jeop-

ardizing State defense or military operations, the penalty shall
be the death sentence or life imprisonment.
The provisions of the two preceding paragraphs shall ap-

ply on sub-contractors, agents and intermediaries in case the
breach of performance or fraud in the execution thereof is due
to their act.
The convict shall, under all circumstances, be condemned

to a fine equal to the value of the prejudice caused to the State
property or interests provided the fine does not fall below double
the value of the profit derived from such breach or fraud.
term imprisonment whoever in time of war fails to perform all or part of the
obligations imposed thereupon by an agreement of contract, transportation,
supply, undertaking, public works or any other contract binding him with the
government for the requirements of the armed forces or for the protection of,
or supplies to, the civilians or committed fraud in performance thereof.
Should the crime be perpetrated for the purpose of jeopardizing State
defense or military operations, the penalty shall be the death sentence or life
imprisonment.
The provisions of the two preceding paragraphs shall apply on sub-
contractors, agents and intermediaries in case the breach of performance or
fraud in the execution thereof is due to their act.
- 85 -
Article 165(1)
“In case any act stipulated under articles 161 and 164
of this chapter has occurred due to negligence or dereliction,
the penalty shall be imprisonment and a minimum fine of one
hundred thousand dirhams but not to exceed the value of the
prejudice to the State property or interests caused by such neg-
ligence or dereliction”.
Article 166(2)
Shall be sentenced to term imprisonment whoever, with-

out permission from the government, mobilizes soldiers or per-
form any hostility act against a foreign country jeopardizing the
political relations or exposing, the citizens, employees, property
or interests of the State to retaliatory measures.
Where the act results in the perpetration of anything men-

tioned in this article, this shall be considered an aggravating cir-
cumstance.
prior to the amendment stated the following: “In case any act stipulated under
article 164 of this chapter has occurred due to negligence or dereliction, the
penalty shall be imprisonment and a maximum fine of one hundred thousand
dirhams or any of them.
imprisonment for a maximum period of ten years whoever, without permission
from the government, mobilizes soldiers or perform any hostility act against
a foreign country jeopardizing the political relations or exposing, the citizens,
employees, property or interests of the State to retaliatory measures.
Where the act results in the perpetration of anything mentioned in this article,
this shall be considered an aggravating circumstance.
- 86 -
Article 167(1)
Shall be sentenced to term imprisonment whoever delib-

erately propagates in time of war false or tendentious news or
rumors or make inflammatory propaganda, thus causing dam-
ages to the military defense perpetrations made by the armed
forces in defense of the State or creating a state of panic be-
tween people or weakening the state morale.
The penalty shall be imprisonment for a minimum period

of five years in case the crime is perpetrated as a result of en-
deavors or communication with a foreign country; and life im-
prisonment should these endeavors and communication be with
an enemy country.
imprisonment for a maximum period of ten years whoever deliberately
propagates in time of war false or tendentious news or rumors or make
inflammatory propaganda, thus causing damages to the military defense
perpetrations made by the armed forces in defense of the State or creating
a state of panic between people or weakening the state morale.
The penalty shall be imprisonment in case the crime is perpetrated as a result
of endeavors or communication with a foreign country; and life imprisonment
should these endeavors and communication be with an enemy country
- 87 -
Article 168(1)
Shall be sentenced to imprisonment and/or fine, whoever:
1. Flies over any area of the state territory in breach of the

prohibition imposed by the competent authorities.
2. Takes photographs, designs, maps or coordinates of sites

or locations in breach of the prohibition imposed by the
competent authorities.
3. Enters, without license from the competent authority, a fort,

one of the defense installations, a camp, a petroleum facil-
ity, or a location where armed forces or a war or commercial
vessel or aircraft or military vehicle has resided or camped,
military premises, a shop or factory carrying out a work for
the benefit of national defense where the public is prohib-
ited to enter.
imprisonment and/or fine, whoever:
1. Flies over any area of the state territory in breach of the prohibition imposed
by the competent authorities
2. Takes photographs, designs or maps of sites or locations in breach of the
prohibition imposed by the competent authorities
3. Enters, without license from the competent authority, a fort, one of the
defense installations, a camp, a petroleum facility, or a location where
armed forces or a war or commercial vessel or aircraft or military vehicle has
resided or camped, war premises, a shop or factory carrying out a work for
the benefit of national defense where the public is prohibited to enter
4. If present in a place where the military authorities prohibit residence or mere
presence
Should the crime be perpetrated in time of war of by using any means
of deceit, fraud, concealment, or non disclosure of identity, nationality,
profession or capacity, the penalty shall be imprisonment for a period
not exceeding five years and, in case the two circumstances are present
together, the penalty shall be term imprisonment.
Attempt to perpetrate the misdemeanors stated herein, shall be sanctioned
by incarceration or fine.
- 88 -
4. If present in a place where the military authorities prohibit
residence or mere presence.
Should the crime be perpetrated in time of war of by using

any means of deceit, fraud, concealment, or non disclosure of
identity, nationality, profession or capacity, the penalty shall be
imprisonment for a period not exceeding five years and, in case
the two circumstances are present together, the penalty shall be
term imprisonment.
Attempt to perpetrate the misdemeanors stated herein,

shall be sanctioned by incarceration or fine.
Article 169(1)
Shall be sentenced to term imprisonment, whoever pub-

lishes, diffuses or delivers to a foreign county or to a person
serving its interests, in any manner whatsoever, news, informa-
tion, objects, correspondence, documents, maps, designs, pho-
tographs, coordinates or other items concerning government
departments or one of the bodies stipulated under Article (5)
of hereof and which publication or diffusion is prohibited by the
competent authority.
imprisonment and/or a fine whoever publishes, diffuses or delivers to a
foreign county or to a person serving its interests, in any manner whatsoever,
news, information, objects, correspondence, documents, maps, designs,
photographs or other items concerning government departments or one of
the bodies stipulated under Article (5) of hereof and which publication or
diffusion is prohibited by the competent authority.
- 89 -
Article 170(1)
The following shall be considered a State defense secret:

1. Military, political, economic, industrial, scientific and securi-
ty information which are by nature known exclusively to per-
sons having capacity thereto and the State interest requires
that such information have to remain secret for others.
2. Correspondence, written instruments, documents, draw-

ings, maps, designs, pictures, coordinates and other items,
which disclosure shall reveal the information referred to in
the preceding paragraph and for which the State interest
requires that they be kept secret from others than those in
charge of their preservation or use.
3. News and information concerning the armed forces, the

ministry of Interior, the security forces, and their forma-
tion, maneuvers, equipment, supplies, staff and other items
which may affect military affairs, war and security plans,
text prior to the amendment stated the following: “The following shall be
considered a State defense secret:
1. Military, political and economic information which are by nature known
exclusively to persons having capacity thereto and the State interest requires
that such information have to remain secret for others
2. Correspondence, written instruments, documents, drawings, maps, designs,
pictures and other items, which disclosure shall reveal the information
referred to in the preceding paragraph and for which the State interest
requires that they be kept secret from others than those in charge of their
preservation or use
3. News and information concerning the armed forces, the ministry of Interior,
the security forces, and their formation, maneuvers, equipment, supplies,
staff and other items which may affect military affairs, war and security
plans, unless a written authorization has been given by the authority in
charge of their publication and diffusion.
4. News and information relating to measures and procedures that are
adopted to detect the crimes provided for in the present Chapter and arrest
the perpetrators; as well as news and information relating to the conduct of
investigation and trial in case the competent investigation authority or the
court prohibits their diffusion
- 90 -
unless a written authorization has been given by the author-
ity in charge of their publication and diffusion.
4. News and information relating to measures and proce-

dures that are adopted to detect the crimes provided for in
the present Chapter and arrest the perpetrators; as well as
news and information relating to the conduct of investiga-
tion and trial in case the competent investigation authority
or the court prohibits their diffusion.
Article 170/1(1)
In case the convict perpetrates one of the crimes, provid-

ed for in Articles (154), (155 clause 1 item 1 and clause 2), (157),
(158), (167) and (169) of this Chapter, with a foreign group or
organization or other regardless of its denomination, or with one
of those serving its interest, shall be sentenced to the penalty
prescribed for this crime.
Article 171(2)
Shall be sanctioned in the capacity of accomplice by as-
of 2005
prior to the amendment stated the following: “Shall be sanctioned in the
capacity of accomplice by assistance to the crimes provided for in Chapters
I and II of this Title:
1. Whoever is aware of the intentions of the culprit and provides him with
assistance, means of subsistence, dwelling, shelter, a place to meet or any
other facility; as well as whoever carries his messages, facilitates to him
the search for the object of the crime, hide it, move it or supplies information
thereof
2. Whoever knowingly conceals objects used or prepared to be used in the
perpetration of a crime or resulted there from
3. Whoever destroys, embezzles, conceals or deliberately alters a document
that facilitates the detection of the crime or of its evidences or punishment
of its perpetrator
- 91 -
sistance to the crimes provided for in Chapters I and II of this Title:
1. Whoever is aware of the intentions of the culprit and pro-

vides him with assistance, means of subsistence, dwell-
ing, shelter, a place to meet or any other facility; as well as
whoever carries his messages, facilitates to him the search
for the object of the crime, hide it, move it or supplies infor-
mation thereof.
2. Whoever knowingly conceals objects used or prepared to

be used in the perpetration of a crime or resulted there from.
3. Whoever destroys, embezzles, conceals or deliberately al-

ters a document that facilitates the detection of the crime or
of its evidences or punishment of its perpetrator.
The court may, in the above instances, exempt relatives

and in-laws of the perpetrator up to the fourth degree in case
they are not sanctioned by another law provision.
Article 172
Shall be sentenced to term imprisonment or detention

whoever participates in a criminal scheme whether for the pur-
pose of perpetrating crimes provided for in this chapter or use it
as a means to reach the objective of the criminal scheme.
Shall be sentenced to term imprisonment, whoever insti-

gates reaching an agreement on such scheme or is instrumental
in managing it. Nevertheless, if the objective of the agreement is
to perpetrate a specific single crime or use it to reach the intend-
ed objective, the penalty shall be that prescribed for this crime.
Shall be sentenced to detention, whoever invites another
- 92 -
person to join such an agreement and his invitation was turned
down.
Article 173
Shall be exempted from the penalties prescribed in this

chapter, an criminal who promptly reports to the judicial or ad-
ministrative authorities any information known to him prior to the
perpetration of the crime and prior to commencement of inves-
tigation.
The court may exempt from the penalty in case the re-
porting takes place after the perpetration of the crime but before
the commencement of investigation, the court may as well com-
mute the penalty in case the offender facilitates to the competent
authorities, during investigation or trial the arrest of one of the
perpetrators of the crime.
CHAPTER Two
CRIMES IN VIOLATION OF THE STATE INTERNAL
SECURITY
Article 174(1)
Shall be sentenced to death, whoever attempts, or starts

to execute, overthrowing or taking over the State’s system of
government by use of force.
prior to the amendment stated the following: “Shall be sentenced to death
whoever starts to execute overthrowing or taking over the State›s system of
government by use of force.
- 93 -
Article 175(1)
Shall be sentenced to life imprisonment, whoever at-

tempts to commit an aggression against the safety of the State
President, his freedom or deliberately exposes his life or free-
dom to danger. The sentence shall be the death penalty if the
crime is consummated or its perpetration has commenced.
Article 176(2)
Shall be sentenced to imprisonment for a maximum pe-

riod of five years whoever deliberately and publicly insults the
State President, flag or national emblem.
Article 177
Shall be sentenced to term or life imprisonment, whoever

resorts to violence, threat or any other illicit means to force the
president of the state to do or abstain from doing an act legally
failing within his jurisdiction.
Article 178
Shall be sentenced to imprisonment for a term of ten years,

whoever resorts to violence or threat or any other illicit means to
force the prime minister, his deputy, one of the ministers, the pres-
death, whoever assaults the safety of the State President, his freedom or
deliberately exposes his life or freedom to danger. The sentence shall apply
to the crimes of the same type perpetrated against the Vice President or
members of the Federal Supreme Council.
imprisonment whoever deliberately and publicly insults the State President,
flag or national emblem
- 94 -
ident of the national federal council or any of its members to do
or abstain from doing an act legally failing within his jurisdiction.
Article 179(1)
Shall be sentenced to life imprisonment, whoever at-

tempts to commit an aggression against the security or freedom
of the president of a foreign country. The sentence shall be the
death penalty in case the crime is consummated or its perpetra-
tion has commenced. The lawsuit in any of the crimes provided
for herein shall only be filed by the Attorney General.
Article 180(2)
Shall be sentenced to term imprisonment, whoever estab-

lishes, founds, organizes or administers an association, organiza-
tion, formation, group, gang or branch to one of these regardless
of its denomination or from, that aims at calling to overthrow or
take over the system of government, disrupting the application of
the constitution or law provisions, fighting the fundamental princi-
(1) This article was amended pursuant to Federal Law No.34 of 2005. The text prior
to the amendment stated the following: “Shall be sentenced to death, whoever
attempts to commit an aggression against the security or freedom of the president
of a foreign country. The sentence shall be the death penalty in case the crime
is consummated or its perpetration has commenced. The lawsuit in any of the
crimes provided for herein shall only be filed by the Attorney General.
imprisonment whoever establishes, founds, organizes or administers an
association, organization, formation or branch to one of these regardless
of its denomination or from, that promotes or aims at calling to overthrow
or take over the system of government whenever the use of force has been
noticeable in doing so. Shall be sentenced to imprisonment for a maximum
period of five years whoever joins or participates in one of the associations,
organizations, formations or branches thereof provided for herein being
aware of its objectives. Shall be sentenced to imprisonment and/or a fine
whoever, directly or through an intermediary by any means whatsoever,
attains amounts of any kind whatsoever from foreign persons or entities for
the purpose of promoting any of the actions provided for herein.
- 95 -
ples on which is based the governing system in the state, prevent-
ing one of the state organizations or one of the public authorities
to perform their duties, violating personal freedom of citizens or
any other public liberties or rights protected by the constitution or
the laws, or jeopardizing national unity or social peace.
Shall be sentenced to imprisonment for a maximum period

of ten years, whoever joins one of the associations, organizations
or formations provided for in the first paragraph hereof or cooper-
ates or participates with it in any manner whatsoever, or provides it
with financial or material assistance, being aware of its objectives.
Article 180/1(1)

riod of ten years, whoever propagates orally, in writing or by any
other means any of the acts or objectives stipulated under Ar-
ticle (180) of this Chapter.
Shall be sentenced to the same penalty, whoever pos-

sesses in person or through an intermediary or acquires any
writing, printed materials or recordings including promotion or
encouragement of anything provided for in the first paragraph if
is ready for distribution or perusal by others, as well as whoever
possesses or acquires any means of printing, recording or pub-
licity used or prepared to be used, even temporarily, for printing,
recording or diffusing any of the abovementioned matters.
Article 181
Shall be sentenced to detention for a term not exceed-

ing six months and a fine not exceeding three thousand dirham.
of 2005
- 96 -
Whoever establishes, founds, organizes or administers in the
state, and without license from the government, an association,
organization or formation of any kind, having an international
character, or a branch of any of these.
The maximum level of the penalty shall be doubled should

the license be obtained by fraudulent misrepresentations.
Shall be sentenced to detention for a term not exceeding

three months or a fine not exceeding two thousand dirham, who-
ever joins an association, organization, formation or a branch of
what is mentioned in the first paragraph.
Article 181/1(1)
Shall be sentenced to detention and/or a fine, whoever

establishes, founds, organizes or administers in the state and
without a license from the competent authorities, a worship
place or a pace for religious teaching.
Article 182(2)
In the instances stated under Articles 180, 180/1, 181 and

of 2005.
prior to the amendment stated the following: “In the instances stated under
Articles 180 & 181 hereof, the court shall rule the dissolution of the said
associations, organizations, formations or the branches thereof and order
the closing of their premises.
The court shall, under all circumstances, order the confiscation of cash
money, personal belongings, papers, materials and other items used for the
perpetration of the crime or are found in the places reserved for the meetings
of the said associations, organizations, formations or branches.
The court shall likewise order the confiscation of each property that is apparently
included in the property of the condemned party should there be sufficient
presumptions or proof that this property is a source of income allocated to be
spent on the said associations, organizations, formations or branches.
- 97 -
181/1 hereof, the court shall rule the dissolution of the said asso-
ciations, organizations, formations or the branches thereof and
order the closing of their premises.
The court shall, under all circumstances, order the con-

fiscation of cash money, personal belongings, papers, materials
and other items used for the perpetration of the crime or are
found in the places reserved for the meetings of the said asso-
ciations, organizations, formations or branches.
The court shall likewise order the confiscation of each

property that is apparently included in the property of the con-
demned party should there be sufficient presumptions or proof
that this property is a source of income allocated to be spent
on the said associations, organizations, formations or branches.
Article 182/1(1)

riod of ten years, whoever exploits religion to propagate verbally,
by writing or by any other means, ideas that may give rise to
commotion or prejudice national unity or social peace.
Article 182/2(2)
Shall be sentenced to detention whoever had knowledge

of the perpetration of the crimes provided for in Chapter I and II
of this Title and did not promptly inform the competent authori-
ties. The court may exempt from this penalty the relatives and
in-laws of the culprit up to the fourth degree.
of 2005
of 2005
- 98 -
Article 183
Shall be sentenced to life imprisonment whoever, for a

criminal purpose, assumes the command of a unit or division
of an army, part of the fleet, a warship, military aircraft, military
post, port or city without assignment from the government or
without licit cause.
Shall be sentenced to the same penalty, whoever despite

the order issued to him by the government, remains in any mili-
tary command and every commander of a military force that he
maintains despite a government order to discharge it.
Article 184
Shall be sentenced to term imprisonment, whoever is en-

titled to issue orders in the armed forces, the ministry of interior
or security forces and asks or commission them to disrupt gov-
ernment orders, if this is done for criminal purpose.
If the crime results in obstructing the execution of the gov-

ernment orders, the penalty shall be death or life imprisonment.
As for this subordinates, warrant officers or troop commanders,
who obeyed him while being aware of his criminal intention, they
shall be sentenced to imprisonment for a minimum term of ten
years.
Article 185
Shall be sentenced for a term not exceeding ten years,

whoever incites the soldiers to disobey or to deviate from dis-
charging their military duties.
- 99 -
Article 186
Shall be sentenced to death or life imprisonment, who-

ever forms a gang that assaulted a group of inhabitants or of-
fered armed resistance to the public authority officers in order
to prevent the implementation of laws, as well as whoever was
a leader of such a gang or has occupied a leading position in it.
As for who joined the gang but did not participate in its
formation and did not occupy any leading position in it, he shall
be sentenced to life or term imprisonment.
Article 187
Shall be sentenced to death or life imprisonment, who-

ever appoints himself leader of an armed gang or occupied in it
any commanding position, managed its operations or organized
it, for the purpose of usurping or plundering lands or property
owned by the government or by a group of people, offer resis-
tance to the military force in charge of pursuing the perpetrators
of these crimes. Other members of the gang shall be sentenced
to term imprisonment.
Article 188
Shall be sentenced to life or term imprisonment whoever

knowingly provides or gives the gang referred to in the preced-
ing Article (weapons, equipment or tools that it can use to reach
its purpose; provides supplies or raise funds to the said gang
or enters into criminal communication of all sort with its leaders
or directors; as well as provides dwellings or shelters to take
refuge or hold their meetings, with knowledge of their purposes
and identity.
- 100 -
Article 189
Shall be sentenced to life or term imprisonment, whoev-

er attempts by force to occupy one of the public buildings or a
building reserved for the use of the government or one of the
entities mentioned in Article (5).
Should the crime be perpetrated by an armed gang, shall

be sentenced to death or life imprisonment whoever formed the
gang as well as its leader or one who occupies any commanding
position in it.
Article 190
Shall be sentenced to detention, whoever purposely dam-

ages public buildings or property reserved for the use of the gov-
ernment or one of the entities mentioned in Article (5.
The penalty shall be imprisonment for a term not exceed-

ing five years if the crime results in paralyzing a public utility or
public benefit works, or in endangering the life health or security
of the people.
The penalty shall be life or term imprisonment in case the

crime is perpetrated in time of turmoil, conspiracy or for the pur-
pose of provoking panic or spread anarchy among the people.
The provision of this Article (shall apply to the destruction

or damaging of mobile sanitary installations or units, the material
and instruments included, or disrupt any object contained there-
in or render it unfit for use. Under all circumstances the perpetra-
tor shall be condemned to pay the value of the damaged item.
- 101 -
Article 191(1)
Every instigator to the perpetration of one of the crimes

provided for in articles 174, 175, 177, 178, 183, 184, 186, 187,
188, 189, paragraph three of Articles 190, 193, 194, 195 and
196, shall be sentenced to imprisonment for a maximum period
of five years should this instigation be without effect.
Article 192(2)
Shall be sentenced to imprisonment for a maximum peri-

od of five years, whoever is party to an agreement aiming at the
perpetration of one of the crimes referred to under Article 191
hereof, or using it as a means to reach the intended purpose.
Shall be sentenced to term imprisonment, whoever in-

cites to reach such agreement or is in a position to manage its
execution.
text prior to the amendment stated the following: “Every instigator to the
perpetration of one of the crimes provided for in articles 174, 175, 177, 178,
183, 184, 186, 187 and paragraph three of Article 190, shall be sentenced to
imprisonment for a maximum period of five years should this instigation be
without effect.
imprisonment for a maximum period of five years, whoever is party to an
agreement aiming at the perpetration of one of the crimes referred to under
the previous article hereof, or using it as a means to reach the intended
purpose.
Shall be sentenced to term imprisonment, whoever incites to reach such
agreement or is in a position to manage its execution.
Nevertheless, if the purpose of the agreement is the perpetration of a specific
crime or the use thereof as a means to realize its intended purpose, and if
its penalty is less than that provided for in the two preceding paragraphs, the
penalty shall be limited to the one prescribed for such crime.
Shall be exempted from the penalties prescribed in the first three paragraphs
hereof, any of the culprits who takes the initiative to inform the judicial and
administrative authorities of the existence of such an agreement and the
participants thereto prior to the perpetration of any of the stated crimes
- 102 -
Nevertheless, if the purpose of the agreement is the per-
petration of a specific crime or the use thereof as a means to
realize its intended purpose, and if its penalty is less than that
provided for in the two preceding paragraphs, the penalty shall
be limited to the one prescribed for such crime.
Shall be exempted from the penalties prescribed in the

first three paragraphs hereof, any of the culprits who takes the
initiative to inform the competent authorities of the existence of
such an agreement and the participants thereto prior to the per-
petration of any of the stated crimes.
Article 193

manufactures or imports explosives without obtaining a license
therefore.
Shall be sentenced to term imprisonment, whoever pos-

sesses or obtains explosives without license.
Shall be considered as explosive, any of its components,

as determined by regulation issued by the competent minister,
as well as all apparatus, machinery and material used in the
manufacture or explosion thereof.
Article 194
Shall be sentenced to death, whoever uses explosives in

the perpetration of one of the crimes provided for in articles 189
and 190.
- 103 -
Article 195
Shall be sentenced to term imprisonment, whoever delib-

erately uses or is about to use explosives that endangers the life
of the people.
Article 196
Shall be sentenced to imprisonment for a term not ex-

ceeding ten years, whoever deliberately uses or starts to use
explosives, where the effect of such use is to expose the prop-
erty of others to danger.
In case the explosion causes a serious prejudice in these

properties, the penalty shall be term imprisonment.
Article 196/1(1)
Shall be sentenced to detention whoever calls for adher-

ing to an agreement the purpose of which is to perpetrate one
of the crimes provided for in the articles referred to under Article
(191) hereof should his invitation be turned down.
Article 196/2(2)
Shall be sentenced to detention whoever discovers a plan

to perpetrate one of the crimes provided for in the articles re-
ferred to under Article (191) hereof and does not report the same
to the competent authorities.
of 2005
of 2005
- 104 -
Shall be exempted from the penalty imposed for not re-
porting the said plan a spouse, an in-law, or a relative thereof
until the fourth degree.
Article 197
Shall be sentenced to detention whoever instigates the

other through any means of publicity to disregard the laws or
commended a matter that is considered a crime.
Article 197/1(1)
Shall be sentenced to detention or a fine, whoever partici-

pates in a gathering in order to prevent or obstruct implementa-
tion of the laws or statues, should this endanger public peace,
despite the fact that the members of this gathering have been
ordered by the police to disperse but they refused to obey or to
follow the order.
The penalty shall be imprisonment for a maximum period

of five years if the purpose of the gathering is to perpetrate a
crime.

of five years if one or more of the individuals constituting the
gathering are in possession of arms, apparent or hidden, even
if they are licensed.
Shall be sentenced to the same penalty, whoever insti-

gates to perpetrate one of the crimes provided for in this article.
of 2005
- 105 -
Article 197/2(1)
Shall be sentenced to imprisonment and fine, whoever

makes use of any means of communication or information tech-
nology or any other means, to diffuse information or news or
to instigate to do acts that lead to expose the State security to
danger or are incompatible with public policy.
Article 198
Whoever incites by any means of publicity to hate or dis-

dain any class of persons, in case this incitement leads to dis-
turbance of public security, shall be sentenced to detention for
a period not exceeding one year and/or a maximum fine of five
thousands dirham.
Article 198/1(2)
Shall be sentenced to detention, whoever deliberately

diffuses false or tendentious news, information or rumors, or
spreads provocative propaganda should it lead to disturbance
of public security, cause panic among people or be prejudicial to
the public interest.
The same penalty shall apply to whoever possesses in

person or through others or acquire writings, printings or record-
ings, of any type, that include any of the items mentioned in
the first paragraph hereof if it is ready for distribution or perusal
by others. The same also applies to whoever possesses or ac-
quires any printing, recording or publicizing media used or us-
of 2005
of 2005
- 106 -
able, even temporarily, for printing, recording or diffusing any of
the above mentioned.
The penalty shall be term imprisonment should the cul-

prit be a member of the armed forces, the ministry of interior or
security forces or if the acts provided for in the two preceding
paragraph have been performed in worship places or in places
reserved for the armed forces, the ministry of interior or security
forces.
Article 199
The court shall render a death sentence in any felony pro-

vided for in this chapter should it be perpetrated in time of war
with a view to assisting the enemy or prejudicing war operations
of the armed forces should it attain its pursued objective.
Article 200
No penalty shall be inflicted on whoever forms part of the

gangs, associations, organizations or formation provided for in
this chapter but has no leading or commanding positions in it
and has left upon first warning from the civil or military authori-
ties or after warning should he have been arrested far from the
meeting places and without resistance. In these two instances,
ha shall not be penalizes for the crimes he personally perpe-
trated.
Article 201
Any of the offenders, in one of the crimes stated in this

chapter, who takes the initiative to inform the judicial or admin-
istrative authorities of the perpetration of such crimes prior to its
detection, shall be exempted from penalty. In case the reporting
- 107 -
takes place subsequent to the detection of the crime, the court
may exempt him from the penalty if the reporting leads to the
arrest of the remaining culprits.
CHAPTER THREE
CRIMES AFFECTING THE NATIONAL ECONOMY
Article 202
Shall be sentenced to term imprisonment, whoever de-

stroys, through any means, a factory, any of its appurtenances
or utilities, raw materials warehouses, consumable products or
goods or any other fixed or movable property made ready for the
execution of the development plan.
Article 203

ceeding one year, whoever instigates, by an means of publicity,
to withdraw funds deposited with banks or public treasury or to
sell government bonds or other public bonds or to refrain from
purchasing same.
CHAPTER FOUR
FORGING CURRENCY OR GOVERNMENT SECURITIES
Article 204
Shall be sentenced to life or term imprisonment and a

fine, whoever counterfeits, falsifies or forges, through an means
whatsoever whether in person or through an intermediary, cur-
rency note or coin in legal circulation in this or in any other state,
or a government bond.
- 108 -
A coin currency shall be considered falsified of any of its
metal is diminished or if it has been coated with paint so as to
make it similar to another more valuable currency.
Article 205
The same penalty mentioned in the preceding Article

(shall apply to whoever, in person or through an intermediary,
brings in the state or takes out from it a currency or a security,
mentioned in the preceding article, whenever it is counterfeited
or forged; as well as whoever promotes, deals or possesses any
of these for the purpose of promotion or dealing, being aware of
the counterfeiting, falsification or forgery.
Article 206
Should the crimes provided for in the two preceding ar-

ticles result in a devaluation in price of the national currency or
the government securities, or in shaking financial confidence in
the local or foreign markets, the penalty shall be life imprison-
ment.
Article 207

one year or a fine not in excess of five thousands dirham, who-
ever promotes a cancelled metal or not currency, brings it back
into circulation or causes its entry in the country, with knowledge
thereof.
Article 208

three months or to a fine not in excess of two thousands dirham,
- 109 -
whoever accepts in good faith a counterfeited or falsified metal
or paper currency then deals with any of it after he had knowl-
edge of the counterfeiting, falsification or forging.
The same penalty shall apply to whoever refuses to ac-

cept a valid national currency at the par value fixed for it by law.
Article 209
Shall be sentenced to detention for term not exceeding

five years, whoever manufactures machines, tools or other ob-
jects affected to be used in counterfeiting, falsification or forgery
any of the things mentioned in Article (204, or obtained same for
the purpose of using it to this end.
Shall be sentenced to detention whoever possesses such

machines, tools or objects with knowledge of their status.
Article 210
Any offender taking the initiative to inform the judicial or

administrative authorities, before utilizing the counterfeited, fal-
sified or forged currency or bond and prior to the detection of the
crime, shall be exempted from the penalty. In case the reporting
takes place subsequent to the detection of the crime, the court
may exempt him from the penalty if the reporting leads to the
arrest of the other culprits.
- 110 -
CHAPTER FIVE
FORGERY
SECTION ONE
FORGERY AND COUNTERFEITING OF SEALS,
MARKS AND STAMPS
Article 211(1)
Shall be sentenced to term imprisonment, whoever forg-

es, in person or through an intermediary, the State’s seal, the
seal or signature of the State President or those of any of the
emirates’ rulers, their regents or deputies; or any of the seals,
postal or fiscal stamps or marks of the government, its depart-
ments, administrations or of the bodies mentioned in Article (5)
hereof; or the seal, signature or mark of any of its employees; or
the government hallmark on gold, silver or other precious metals
or stones.
The same penalty shall be inflicted upon whoever makes

use of any of the abovementioned items or brings the same into
the country despite his knowledge of its counterfeited nature or
forgery.
imprisonment, whoever forges, in person or through an intermediary, the
State›s seal, the seal or signature of the State President or those of any of
the emirates’ rulers; or any of the seals, postal or fiscal stamps or marks of
the government, its departments, administrations or of the bodies mentioned
in Article (5) hereof; or the seal, signature or mark of any of its employees; or
the government hallmark on gold, silver or other precious metals or stones.
The same penalty shall be inflicted upon whoever makes use of any of
the abovementioned items or brings the same into the country despite his
knowledge of its counterfeited nature or forgery
- 111 -
Article 212(1)
In case the seals, postal or fiscal stamps or marks con-

stituting the corpus delicti in the crimes stated in the preceding
article concerns a juristic person, other than those mentioned
therein, the penalty shall be detention.
Article 213(2)
Shall be sentenced to detention, whoever unduly utilizes

the State’s seal or the seal of its President, of one of the emir-
ates’ rulers, their regents or deputies; any of the seals, postal
or fiscal stamps or marks of the government, one of its depart-
ments or administrations or any of the bodies mentioned under
Article (5) hereof; or the seal of any of their employees, should
this prejudice a public or a private interest.
Article 214

one year or to a fine not in excess of five thousands dirham,
whoever counterfeits or forges metal plates or other marks is-
sued by government departments in implementation of the laws,
regulations or rules.
prior to the amendment stated the following: “In case the seals, fiscal stamps
or marks constituting the corpus delicti in the crimes stated in the preceding
article concerns a juristic person, other than those mentioned therein, the
penalty shall be detention.
prior to the amendment stated the following: “Shall be sentenced to detention,
whoever unduly utilizes the State›s seal or the seal of its President, of one of
the emirates’ rulers; any of the seals, postal or fiscal stamps or marks of the
government, one of its departments or administrations or any of the bodies
mentioned under Article (5) hereof; or the seal of any of their employees,
should this prejudice a public or a private interest.
- 112 -
The same penalty shall be inflicted on whoever utilizes
any of these objects with knowledge that they are counterfeited
or forget, as well as whoever utilizes a genuine plate or mark,
mentioned above, without being entitled to do so.
Article 215(1)
Shall be sentenced to detention for a maximum term of

six months or to a fine not in excess of ten thousands dirhams,
whoever manufactures, distributes or offers for sale printed ma-
terials or samples, regardless of their manufacturing mode, that
resembles in appearance the government marks, postal or fiscal
stamps, those concerning wire or wireless communications or
those issued by countries forming part of the international post-
al union. International postal answering coupons shall be con-
sidered of the same nature as the mentioned marks and stamps.
SECTION TWO
FORGERY OF WRITTEN INSTRUMENTS
Article 216
Forging a written instrument is an alternation of its genu-

ineness, through one of the methods stated hereunder, resulting
in sustenance of prejudice, if done with the purpose of using it
as a genuine instrument.
detention for a maximum term of six months or to a fine not in excess of
three thousands dirhams, whoever manufactures, distributes or offers for
sale printed materials or samples, regardless of their manufacturing mode,
that resembles in appearance the government marks, postal or fiscal
stamps, those concerning wire or wireless communications or those issued
by countries forming part of the international postal union. International
postal answering coupons shall be considered of the same nature as the
mentioned marks and stamps.
- 113 -
Forging methods include:
1. Effecting a change in an existing written instrument whether

by way of addition detention or alteration in its words, num-
bers marks or pictures present in it.
2. Putting up a forged signature or seal or change a genuine

signature, seal or thumb print.
3. Obtaining by surprise or fraud the signature, seal or thumb

print of a person without his knowledge of the contents of
the instrument or without his valid consent thereto.
4. Fabricating a written instrument or imitating it and attributing

it to another person.
5. Filling a paper signed, sealed or thumb-printed in bank

without the consent of the author of the signature, seal or
thumb-print.
6. Impersonating or exchanging the identity in a written instru-

ment made to establish such identity.
7. Alternation of the truth in a just-made instrument as con-

cerns matters that this instrument is designed to establish.
Article 217
Unless otherwise provided, forging an official written in-

strument shall be sanctioned by imprisonment for a term not
exceeding ten years and the penalty as concerns forging an in-
formal instrument shall be detention.
- 114 -
Article 217/1(1)

riod of five years, whoever forges a copy of an official written
instrument when used.
The same penalty shall be inflicted upon whoever utilizes

a copy of an official written instrument knowing that it is forged.
Article 218
An official written instrument is the one which is written by

a public official who, by virtue of his position is charged with the
writing thereof or interfering in its writing in any form or to give it
the official character.
Other written instruments are considered informal.
Article 219
Shall be sentenced to imprisonment for a period not ex-

ceeding five years, every physician or midwife knowingly issuing
a forged certificate or statement concerning pregnancy, deliv-
ery, disability, death or other matters related to his profession,
regardless of the fact whether this act is the result of a wish,
recommendation or intermediation.
Article 220

ing two years or to fine not in excess of ten thousands dirham,
whoever reports, during the process of verifying death, inheri-
of 2005
- 115 -
tance, will prescribed by law, to the authority in charge of issuing
notifications, false representations of the facts intended to be
established, ignoring their truth or knowing that they are untrue,
should the notification be recorded on basis of these statements.
Article 221
Shall be sanctioned to detention for a term not exceeding

two years or to a fine not in excess of ten thousands dirham,
whoever makes a false statement as to his place of residence,
as well as who impersonates, in a judicial or administrative in-
vestigation, a name other than his own.
Article 222
Shall be sanctioned to the penalty prescribed for the crime

of forgery, as the case may be, whoever uses a forged written
instrument with knowledge of this fact.
Shall be subject to the same penalty, as the case may

be, whoever uses a genuine instrument written in the name of
another person or unduly benefits from it.
Article 223
The provision of this section shall not apply to the cases

of forgery provided for in special punitive laws.
- 116 -
CHAPTER SIX
EMBEZZLEMENT AND DAMAGE TO PUBLIC PROPERTY
Article 224(1)
Every public servant or person in charge of a public ser-

vice, who embezzles funds in his possession on account of his
position or his assignment, shall be sentenced to term imprison-
ment.

of five years should the crime be connected or related to a crime
of forgery, use of a forged document or a copy of an official writ-
ten instrument provided that this connection or relation is non-
severable.
Article 225
Shall he sentenced to term imprisonment, every public

servant or person charged of a public service, taking advantage
of his position and unduly appropriate State funds or funds of
any of the entities mentioned in Article (5, or facilitates such ap-
propriation to others.
Article 226
Shall be sentenced to imprisonment for a minimum term

of five years, every public servant or person in charge of a pub-
lic service, concerned with the collection of taxes, fees, fines or
other similar dues, and knowingly asks payment of the undue or
text prior to the amendment stated the following: “Every public servant or
person in charge of a public service, who embezzles funds in his possession
on account of his position or his assignment, shall be sentenced to term
imprisonment.
- 117 -
of what is over and above the due sum.
Article 227
Shall be sentenced to term imprisonment every public

servant or person in charge of a public service entrusted to
safeguard the interest of the State, or of any of the entities men-
tioned in Article (5, in a deal, transaction or matter, and deliber-
ately prejudices this interest in order to obtain a profit for himself
or for others.
Article 228
Shall be sentenced to term imprisonment, every public

servant or person in charge of a public service concerned with
the preparation, management or execution of contracting works,
supplies, public works or contracts related to the State or any
of the entities mentioned in Article (5, having drawn benefit,
directly or through an intermediary, from any of the mentioned
works or obtained for himself or for others a commission on any
matter pertaining thereto.
Article 229

ceeding five years, whoever deliberately perpetrates a fraud in
the execution of all or any of the obligations imposed upon him
in a contracting agreement, or contract of supplies or any other
administrative contract with the government or with any of the
entities mentioned in Article (5). The penalty shall be term im-
prisonment should the crime result in a server damage or should
the objective of the contract be the satisfaction of the defense
and security requirements, in case the perpetrator has knowl-
edge of this objective.
- 118 -
Shall be sanctioned to any of the two above penalties, as
the case may be, subcontractors, agents, intermediaries should
the fraud be imputed to their act.
Article 230
In addition to the penalties prescribed for the crimes stat-

ed in this chapter, the offender shall be ordered to restitution
and payment of a fine equal in value to the property object of the
crime or obtained from it.
CHAPTER SEVEN
STRIKE AND OBSTRUCTION OF WORK PROGRESS
Article 231
In case three at least of the public servants leave fulfill-

ing one of the obligations of their employment, being all agreed
thereto or aiming to achieve an illicit objective, each of them
shall be sanctioned to detention for a term not exceeding one
year.
The penalty shall be imprisonment in case such leaving or

abstention endangers the life, health or security of the people,
likely to cause disturbance or turmoil between them, paralyze
another public interest or if the offender is an instigator.
Article 232
Shall be sentenced to detention, whoever violates the

right of public servants to work through use of force, threat or
any illicit means.
- 119 -
Article 233
Shall be sentenced to detention or to fine, whoever, among

the contractors or persons entrusted with the administration of a pub-
lic utility, shall unjustifiably stop working thus causing disruption of
dispensing a public service or its irregular functioning.
- 120 -
TITLE TWO
CRRIMES RELATING TO PUBLIC SERVICE
CHAPTER ONE
BRIBERY
Article 234
Shall be sentenced to term imprisonment, every public ser-

vant or person in charge of a public service who asked or accept-
ed for himself or for others any grant or privilege of any kind or a
promise thereof in return of performing or abstain-
ing from doing an act in breach of the duties of his office.
Should the performance or abstention from doing are act be a duty,
the penalty shall be imprisonment for a term not exceeding ten years.
The provision of this Article (shall apply even if the public servant
or the person in charge of a public service intends not to perform
or abstain from doing this act.
Article 235
every public servant or person in charge of a public service

who asked or accepted for himself or for others a grant or privilege of
any kind pursuant to the completion or abstention from doing an act
in breach of the duties of his office, shall be sentenced to impris-
onment for a tern not exceeding ten years.
Should the performance or abstention from doing are act

be a duty, the penalty shall be detention.
Article 236

ceeding five years, every public servant, or person in charge of a
- 121 -
public service, who asked or accepted for himself, or for others,
a grant or privilege of any kind or a promise thereof in return of
performing or abstaining from doing an act that is not include in
the duties of his office.
Article 236/1(1)

riod of five years, every member of the board of directors of any
private company, institution, cooperative association or public
benefit association, as well as any manager or employee in any
of these, how asks for himself or for others, accepts a promise
or a grant in return of performing or abstaining from doing an
act included in the duties of his office or in breach thereof the
offender shall be considered corrupt even if he did not intend to
perform the act or to breach the duties of his office.
The offender shall be sentenced to the same penalties in

case the request, acceptance or taking is subsequent to the per-
formance of the act, the abstention there from or to the breach of
the duties of his office and is intended as a reward for so doing.
Article 237(2)

riod of five years, whoever offers or promises to a public servant
of 2005
detention, whoever offers or promises to a public servant or person in
charge of a public service, even if he rejects the offer, a grant or privilege of
any kind in return of performing, or abstaining from doing an act in breach of
the duties of his office.
Shall be sentenced to the same penalty, whoever intercedes with the briber
or the bribed person to offer a bribe, ask for, accept, take or promise it.
- 122 -
or person in charge of a public service, even if he rejects the
offer, a grant or privilege of any kind in return of performing, or
abstaining from doing an act in breach of the duties of his office.
Shall be sentenced to the same penalty, whoever inter-

cedes with the briber or the bribed person to offer a bribe, ask
for, accept, take or promise it.
Article 237/1(1)
Shall be sentenced to detention for a minimum period of

one year and to a minimum fine of ten thousands dirhams who-
ever asks or accepts for himself or for others a grant, privilege
or benefit of any kind in return of his intervention or use of his
influence with a public servant to do or abstain from doing an act
in breach of the duties of his office.
Article 238
Under any of the circumstances sated in the preceding ar-

ticles of this chapter articles, the offender shall be sentenced to
pay a fine equal to what he asked or accepted provided it does
not fall below one thousand dirham. The grant accepted by, or
offered to, the public servant or the person in charge of a public
service shall equally be confiscated
of 2005
- 123 -
Article 239(1)
The briber or intermediary taking the initiative to re-

port the crime to the judicial or administrative authorities, be-
fore it is discovered, shall be exempted from the penalty.
CHAPTER TWO
ABUSE OF OFFICAL AND MISUS OF AUTORITY
Article (240)
Shall be sentenced to detention, every public servant or

person in charge of a public service arresting a person, detain-
ing or confining a person in cases other than those provided for
by Law.
Article 241
Shall be sentenced to detention for a minimum term of

one year, every public servant or person in charge of a public
service who has knowingly effected a search on a person or his
house or his work premises in cases other than those provided
for by law or without observing the conditions stated therein.
Article 242
Shall be sentenced to term imprisonment, every pub-

lic servant using, in person or through others, torture, force or
prior to the amendment stated the following: “The briber or intermediary
taking the initiative to report the crime to the judicial or administrative
authorities, or make a confession before setting action in motion, shall
be exempted from the penalty. In the event the confession is made after
the institution of the lawsuit, the same shall be considered for a mitigative
sentence.
- 124 -
threat with the accused, a witness or an expert in order to have
him confess a crime, make a statement or give information con-
cerning it to withhold any relevant matter.
Article 243

ceeding five years, every public servant who sentences the
condemned or orders that he be sentenced to a penalty more
severe that that adjudged or to a penalty to which he has not
been sentenced.
Article 244
Shall be sentenced to detention for a term not less than

one year and not in excess of five years, every public servant
concerned with the administration or superintendence of a peni-
tential establishment or any other establishment or institution
made ready to execute the penal or social defense measures
should he accept to detain a person therein without an order
from the competent authority or to maintain his detention after
the period specified in the order or abstains from implementing
the order by setting him free.
Article 245

one year and/or to a minimum fine of ten thousands dirham, ev-
ery public servant, or person in charge of a public service, using
force on a person, basing himself in the power granted to him by
virtue of his office, dishonoring or causing him bodily pain.
- 125 -
Article 246
Shall be sentenced to detention, every public servant ex-

ploiting the power of his office to stop or delay implementation
of the laws, regulations, rules, decisions or orders issued by the
government or any judgment or decision rendered by a compe-
tent judicial body or delay collecting funds, taxes or dues in favor
of the government.
Article 247
Shall be sanctioned to detention or to a fine, every em-

ployee of the departments of post, telegraph and telephone, as
well as every public servant or person in charge of a public ser-
vice, who opened, destroys or conceals a latter or cable depos-
ited or delivered to the said departments, facilitates the matter
to others or discloses a secret contained in the letter, cable or
telephone conversation.
CHAPTER THREE
AS SULTI ON EMPLOYEES
Article (248)
Shall be sentenced to detention or to a fine, whoever makes

use of force, violence or threat against a public servant or person in
charge of a public service for the purpose of unduly having him do
or abstain from dong any of the acts pertaining to his office without
attaining his objective there from and, if he does reach his objec-
tive, the penalty shall be detention for a minimum term of one year.
Should the crime be premeditated or perpetrated by more than
one person carrying an arm or if the crime is accompanied with
battery, the penalty shall be detention for a minimum period of six
months.
- 126 -
Article 249
Shall be sentenced to detention for a tern not exceeding

two years and to a fine not in excess of twenty thousand dirham,
whoever assaults a public servant or a person in charge of a
public service or resist him by force or violence during, or be-
cause of, discharging the duties of his office. The penalty shall
be detention for a minimum term of six months should the as-
sault be coupled with resistance or battery.
The perpetration of one of the crimes provided for in this

Article (with premeditation by more than one person or by a per-
son conspicuously carrying arm shall be considered an aggra-
vating circumstance.
CHAPTER FOUR
UNDUE ASSUMPTION OF OFFICE AND ATTRIBUTES
Article 250(1)

five years, whoever unduly assumes one of the public functions.
The same penalty shall apply to whoever interferes in a public
function or service, or performs one of its acts or prerequisites,
without being competent or charged to do so, aiming at achiev-
ing an illicit objective or to obtain for himself or for others any
kind of advantage.
term imprisonment or detention, whoever unduly assumes one of the public
functions. The same penalty shall apply to whoever interferes in a public
function or service, or performs one of its acts or prerequisites, without being
competent or charged to do so, aiming at achieving an illicit objective or to
obtain for himself or for others any kind of advantage.
- 127 -
Article 251

ing on year or to a fine not in excess of ten thousand dirham,
whoever publicly and unduly wears an official attire specially re-
served by law to a class of persons or wears a uniform of rank
higher than his, as well as whoever puts on a medal, badge, sign
or mark of an office or unduly assumes any of the officially rec-
ognized scientific or academic titles or any of the military ranks
or public parliamentary attributes. This provision applies also in
case the apparel or medal or others belong to an alien country.
Article 252
In the instances provided for in the two preceding articles,

the court may order the publishing of the judgment, or an ex-
cerpt thereof, in the appropriate manner on the convicted part›s
expense.
- 128 -
TITLE THREE
CRIMES AFFECTING THE JUSTICE PROCESS
CHAPTER ONE
FALSE TESTIMONY, PERJURY, ABSTENTION OF
TESTIFYING
Article 253

three months, whoever gives a false testimony before a judicial
authority or a competent organization having jurisdiction to hear
witnesses after oath, denies the truth, or keeps silent about all or
part of the relevant facts of the case known to him, regardless of
whether the witness is admitted to testify or not, and of whether
his testimony was accepted or not in such proceedings.
Should he perpetrate such act during the investigation of

a felony or trial thereof, he shall be sentenced to term imprison-
ment. In case the false testimony leads to death sentence or
life imprisonment, the author thereof shall be sentenced to the
same penalty.
Article 254
Shall be exempted from penalty:
a. The witness who gives his testimony during a criminal in-

vestigation, if he retracts his false testimony prior to the
closing of the investigation and before he is denounced.
b. The witness who gave his testimony in any trial, should he

retracts his false testimony prior to any decision, even if no
final, in the substance of the case.
- 129 -
Article 255
Shall be exempted from penalty:
- The witness who, if he tells the truth, shall be subject to a

severe prejudice in his freedom, honor or shall expose to
such severe prejudice his spouse, even if divorced, one of
his ascendants, descendants, brothers, sisters, or in-laws
of the same degrees.
- The witness who reveals before the court his name, sur-
name and nickname and who had not to be heard as a wit-
ness or if he has not to be told that he has the right, if he
wishes, to abstain from testifying.
- In the two above instances, if such perjury exposes another

person to legal prosecution or to a judgment, the author
shall be sentenced to detention for a minimum term of six
months.
Article 256
The sanction shall be halved for the person having insti-

gated the false testimony should the witness undoubtedly ex-
pose him or a relative thereof to danger by saying the truth, and
such as clarified in the first paragraph of the preceding article.
Article 257
The expert appointed by a judicial authority in a civil or

criminal lawsuit, who knowingly asserts a matter which is con-
trary to the truth or gives it an untrue meaning, shall be sen-
tenced to detention for a minimum term of one year and shall be
prohibited to practice his profession in future.
- 130 -
In case the assignment of the expert concerns a felony,
he shall be sentenced to term imprisonment.
The provisions of the two preceding paragraphs shall ap-

ply on the translator who deliberately gives a wrong translation
in a civil or criminal case.
The provisions of Article (255) shall apply to the expert

and translator.
Article 258
Shall be sentenced to imprisonment for a not exceed-

ing five years, ever physician or midwife asking or accepting,
for themselves or for others, a grant or privilege of any kind or
a promise thereof in return of giving a false testimony as con-
cerns pregnancy, birth, illness, disability or death or if he gives
such testimony as a result of a request, recommendation or
intercession.
In this case, the provision of paragraph two of Article (253

shall apply.
Article 259
Without prejudice to the provision of Article (243; shall be

sentenced to detention for a term not exceeding one year and
to a fine not in excess of five thousands Dirham, whoever uses
torture, force or threat, or offered a grant or privilege of any kind
or a promise of any such things in
order to have someone else to keep silent about a matter

or to give untrue statements or information before any judicial
body.
- 131 -
Article 260

two years and to a fine not in excess of ten thousands dirham,
any litigant in civil case forced to give oath or, if reverted to him,
has sworn contrary to the truth.
The offender shall be exempted from penalty if he goes

back to truth after he has taken the untrue oath and prior to ren-
dering the judgment the case in which oath was taken.
Article 261

ing one year and/or to a fine not in excess of five thousands
Dirharm, whoever was asked to testify before one of the judicial
bodies and he
refused to take oath or to give his testimony unless his

refusal was Justified.
The offender shall be exempted from the penalty if he re-

tracts his refusal prior to the issue of the judgment on the merits
of the case.
CHAPTER TWO
PREJUDICIAL INFLUENCE ON THE JUDICIARY
Article 262

one year and/or to a fine not in excess of ten thousands dirham,
whoever, by any means of publicity, violate the dignity of a mag-
istrate or member of the public prosecution in any matter or case
- 132 -
or in the course thereof.
Article 263
Shall be sentenced to detention or to fine, whoever pub-

lished by any publicity media matters intended to influence the
judges in charge of deciding a case submitted to them or the
member of the public prosecution or others from among those
in charge of investigation, experts or the witnesses who may
be asked to give their testimony in a case or in an investiga-
tion. Shall be sentenced to the same penalty, whoever publishes
by any means of publicity matters intended to prevent a person
from disclosing information to the competent bodies or to influ-
ence public opinion for the benefit of the litigants in the case, or
the investigation, or organist him.
Should the published material be untrue, the offender

shall be sentenced to detention and fine.
Article 264

one year or a fine not in excess of ten thousands dirham, who-
ever publishes any publicity means:
1. News in respect of a current investigation in a crime or any

of the documents relevant to such investigation should the
investigation authority prohibit diffusion of any of these.
2. News about the investigations or the process in cases of

kinship, marriage, fostering, divorce, alimentary, separa-
tion, adultery, libel or disclosure of secrets.
3. Names or pictures of the juvenile delinquents.
- 133 -
4. names or pictures of the victims in crimes of aggression
against honor.
5. Names or pictures of the persons convicted with stay of

execution of the penalty.
6. Court deliberations.
7. News concerning lawsuits under examination in a closed

session or those whim the court prohibited their publica-
tion.
Article 265
Shall be sentenced to the aforementioned penalty, who-

ever publishes through one of the publicity means, without pro-
bity and in bad faith, that which occurred in public trial sessions.
- 134 -
CHAPTER THREE
DELAYING LEGAL PROCESS
Article 266
Shall be sentenced to detention, whoever, with the inten-

tion of misleading justice, changes the condition of persons,
places or things, conceals evidence of the crime of submits false
information in their respect knowing that they are not true.
Article 267

one year or to a fine not in excess of five thousand dirham, who-
ever conceals, destroys or misappropriates a writing, instrument
or anything else submitted to one of the investigation authorities
or in any lawsuit filed with any judicial authority with intention to
mislead the judiciary or the investigation authority.
This sentence shall apply even if the writing or deed or the

thing was left in the possession of the person who submitted it
until requested.
Article 268

six months or to a fine not in excess of five thousands dirham,
whoever is legally asked to submit a writing or anything else
useful to establish a fact submitted to the courts and abstains
there from in cases other than those allowed by law.
- 135 -
Article 269(1)
Shall be sentenced to detention for a maximum period of

two years and/or to a fine not in excess of one hundred thou-
sand dirhams, whoever perpetrates in bad faith an act likely to
obstruct the execution proceedings, on a property seized by or-
der of the court, whether by moving or concealing it, disposing
thereof, destroying it or changing its features.
The above penalty shall be inflicted even if the act is per-

petrated by the property owner or its custodian.
Article 270
The penalty provided for in the preceding Article (shall ap-

ply on every public servant or person in charge of a public ser-
vice deliberately and unduly abstains from executing a judgment
or order issued by one of the courts within eight days following
the official warning to execute served upon him; whenever the
execution of the judgment or order falls within his jurisdiction.
Article 271
As amended by federal law no. 34 dated 24/12/2005:
Shall be sentenced to imprisonment, whoever conceals,

the corps of a person who passed away as a result of an ac-
detention for a maximum period of two years and/or to a fine not in excess
of twenty thousand dirhams, whoever perpetrates in bad faith an act likely
to obstruct the execution proceedings, on a property seized by order of the
court, whether by moving or concealing it, disposing thereof, destroying it or
changing its features.
The above penalty shall be inflicted even if the act is perpetrated by the
property owner or its custodian.
- 136 -
cident and to detention whoever buries the corpse before being
authorized to do so by the competent authorities.
Whoever buries the body of a person having died a natu-

ral death without a permit from the pertinent authorities shall
be sentenced to imprisonment for a period not exceeding three
months or to a fine.
CHAPTER FOUR
ABSTENTION FROM REPORTING A CRIME
Article 272
Every public servant, in charge of detecting crimes or ap-

prehending criminals, who neglects or remits reporting a crime
that came to his knowledge, shall be sentenced to detention or
to a fine.
Shall be sentenced to a fine, the public servant who is

in charge of detecting crimes or apprehending criminals, if he
neglects or remits reporting to the competent authority a crime
that came to his knowledge while, or because of discharging
his duties.
there shall be no penalty in case the filing of the lawsuit,

in the instances mentioned in the two preceding paragraphs is
dependent on submitting a complaint.
Exemption from the penalty, provided for in the second

paragraph of this article, may be granted in case the public
servant is the spouse of the criminal, one of his ascendants or
descendants, of his brothers or sisters or his in-laws who are
related to him with a similar degree of affinity.
- 137 -
Article 273

ing one year and/or to a fine not in excess of twenty thousand
Dirham, whoever, during the practice of his medical or health
profession, examines a corpse or gives medical assistance to a
severely injured person showing signs that his death or injury is
due to a crime or if it is revealed from other circumstances that
there is a reason to suspect the cause of death or injury and fails
to report this to the authorities.
Article 274
Shall be sentenced to a fine not exceeding one thou-

sand Dirham, whoever came to his knowledge that a crime has
been perpetrated and abstains to report this to the competent
authorities.
May be exempted from this penalty, the one who ab-

stained from reporting, should he be the spouse of the crimi-
nal, one of his ascendants, descendants, brothers or sisters or
those considered as such from his in-laws a similar degree of
affinity.
CHAPTER FIVE
FALSE REPORTING
Article 275

six months and/or to a fine not in excess of three thousands dir-
ham, whoever reports to the judicial or administrative authorities
incidents or risks that does not exist or a crime which he knows
it was not perpetrated.
- 138 -
Article 276
Shall be sentenced to detention and/or to a fine, whoever

falsely and with bad faith makes a false report to the judicial
or administrative authorities that a person committed something
which deserves a criminal penalty or an administrative sanction
even if it did not entail filing a criminal or disciplinary action, as
well as whoever fabricated false material evidence that a per-
son has perpetrated a crime, or caused taking legal measures
against a person knowing that he is innocent.
Penalty shall be detention and fine should the fake crime

be a felony. In case the false accusation result in inflicting a
felony penalty, the slanderer shall be sanctioned to the same
adjudged penalty.
CHAPTER SIX
UNSEALING ANS TAMPERING WITH
PRESRVED ITEMS
Article 277
Shall be sanctioned to detention for a period not exceed-

ing one year and/or to a fine not in excess of ten thousand dir-
ham, whoever break off or destroys one of the seals put by or-
der of the judicial or administrative authority on the premises,
papers or anything else, or if by any means deviated from the
purpose for which the seal was put.
The penalty shall be detention should the culprit be the

custodian.
In case the culprit used in the perpetration of the crime

acts of violence on persons, this shall be considered an aggra-
- 139 -
vating circumstance.
Article 278(1)

five years, whoever tears out, destroys or unduly appropriates
papers, documents or other items deposited pursuant to a judg-
ment, court or administrative order in places designed for their
custody, or handed over to a person in charge of their preserva-
tion. Penalty shall be term imprisonment should the culprit be the
custodian or the person in charge of preserving such items.
In case the culprit uses, in the perpetration of the crime,

acts of violence on persons, this shall be considered an aggravat-
ing circumstance.
Article 279

six months and/or to a fine not in excess of five thousand Dir-
ham, whoever was entrusted with the conservation of seals put
pursuant to a
judgment or court or administrative order and caused,

through his negligence, the perpetration of an of the crimes pro-
vided for in the two preceding articles.
detention for a maximum period of five years, whoever tears out, destroys
or unduly appropriates papers, documents or other items judicially or
administratively confiscated or deposited pursuant to a judgment, court or
administrative order in places designed for their custody, or handed over to
a person in charge of their preservation. Penalty shall be term imprisonment
should the culprit be the custodian or the person in charge of preserving
such items.
In case the culprit uses, in the perpetration of the crime, acts of violence on
persons, this shall be considered an aggravating circumstance.
- 140 -
CHAPTER SEVEN
EVASION OF THE ACCUSED AND THE CONVICTED
Article 280

two years, whoever escaped after he was arrested, detained or
placed under preventive custody in accordance with the law.
The penalty shall be detention should the crime be perpe-

trated by two or more persons by means of threat or violence on
persons or objects.

ing five years in case the crime is perpetrated through the use or
threat to use a weapon.
Article 281
Whoever was entrusted with the guard, control, transport

or escort of an arrested person who escape due to the negli-
gence of the former, shall be sentenced to detention for a term
not exceeding two years and to fine not in excess of twenty thou-
sand dirham, should the fugitive be condemned for, or accused
of, a felony; as for the other instances, the penalty shall be de-
tention for a term not exceeding six months or to a fine not in
excess of five thousand dirham.
Article 282
Whoever was entrusted with the guard, control, transport

or escort of an arrested person and assists him to escape or fa-
cilitates it to him or disregard it, shall be penalized in accordance
with the following provisions:
- 141 -
If the fugitive is condemned to capital punishment, the
penalty shall be term imprisonment for a minimum period of five
years.
Should the fugitive be condemned for life or time impris-

onment and was accused for a crime sanctioned by a death
sentence, the penalty shall be imprisonment for a period not ex-
ceeding seven years and, in other instance, the penalty shall be
detention.
Article 283
Every public official or person charged with a public ser-

vice entrusted to arrest a person and neglect to execute such
order in view of assisting such person to escape from justice,
shall be sentenced to the sanctions set forth in the sanctions set
forth in the preceding Article (as per the conditions state therein.
Article 284
Whoever enables or assists in the escape of an arrested

person or facilitates it to him, in instances other than those pro-
vided for in the preceding articles, shall be punished in accor-
dance with the following provisions:
- In case the fugitive was condemned to a capital sentence,

the penalty shall be imprisonment for a minimum period of
five years.
- If the fugitive was condemned to life or term imprisonment

or was accused for a crime punished by death sentence,
the penalty shall be imprisonment for a term not exceeding
five years.
- 142 -
- In other instances, the penalty shall be detention for a pe-
riod not exceeding three months.
Should the crime be perpetrated by two or more persons

through the use of threats or violence on persons or on objects,
or by the use or threat of use of a weapon, this shall be consid-
ered an aggravating circumstance but, in any case the penalty
must not exceed the maximum, limit prescribed for the crime
perpetrated by the fugitive.
Article 285

five years, whoever supplied an arrested person with weapons
or tools used by him to escape.
Article 286
whoever knowingly hides o r shelters, in person or through

an intermediary, a fugitive after his arrest, an accused of a crime
or a person in respect of whom a warrant of arrest was issued, as
well as whoever assisted him, by any means, to escape from jus-
tice, shall be punished in accordance with the following provisions:
- In case the hidden person, the assisted to be sheltered or to

escape from justice was condemned to a death sentence,
the penalty shall be imprisonment for a term not exceeding
seven years; or if sentenced to life or term imprisonment or
was accused of a crime punished by a death sentence, the
penalty shall be imprisonment for term not exceeding five
years.
- Of other instances, the penalty shall be detention for a term

not exceeding three months.
- 143 -
- Should the crime be perpetrated by two or more persons
through the use of threats or violence on persons or on ob-
jects, or by the use, or threat to use, a weapon, this shall be
considered an aggravating circumstance.
Article 287
Whoever is aware of the perpetration of a crime and helps

the perpetrator to escape from justice through concealing any
evidence of the crime, giving related information, knowing that
they are not true, or assist him by any means, shall be sen-
tenced in accordance with the following provisions:
- In case the fugitive from justice is accused of a felony

punished by a death sentence, the penalty shall be detention.
In other instances the penalty shall be detention or fine.
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TITLE FOUR
CRIMES OF PUBLIC HAZARD
CHAPTER ONE
ASSAULT IN MEANS OF COMMUNICATION AND
PUBLIC UTILITIES
Article 288
Shall be sentenced to life imprisonment whoever attacks

an airplane or a sea vessel with the intention of capturing it or
misappropriating all or part of its cargo or of causing prejudice to
one or more of its passengers or of deviating its routing without
reason.
The same penalty shall apply in case the act is perpe-

trated by a person on board the airplane or vessel.
Should the wrongdoer return the airplane or vessel imme-

diately after its capture, to its lawful pilot or skipper or to whoever
is legally entitled to possess it, and his act did not cause any
prejudice to it, to its cargo or prejudice any of the passengers on
board, the penalty shall be imprisonment for a term not exceed-
ing five years.
Article 289

erately exposes to danger, by any means
whatsoever, the safety of the airplane or vessel or any

other means of public transport.
The penalty shall be life imprisonment, should the act re-
- 145 -
sult in any disaster to any of the above-mentioned.
Article 290
Shall be sentenced to detention and to a fine, whoever

commits an act of sabotage to a public road, airport, vault or
a water course suitable navigation. The penalty shall be life or
term imprisonment
in case the wrongdoer utilizes detonators or explosives

for the perpetration of the crime.
Article 291

ceeding seven years, whoever deliberately disrupts the func-
tioning of a land, sea or air public communication means.
Article 292

caused by his own fault the occurrence of an accident to one of
the sea, air or land public, communications means, which may
disrupt its functioning or expose persons to danger.
The penalty shall be imprisonment, should the act result

in a disaster.
Article 293
Shall be sentenced to detention, whoever deliberately ex-

pose to danger the safety of one of the private communication
means by whatever manner.
- 146 -
Article 294
Shall be sentenced to detention, whoever deliberately

takes off, breaks, destroys or makes it unfit for use, by any means
whatever, any device or sign necessary to prevent accidents.
Penalty shall be term imprisonment, should the crime re-

sult in a disaster.
Article 295
Should the offender, for the purpose of perpetrating one

of the crimes provided for in this chapter, take advantage of a
state of turmoil or conspiracy, or perpetrated the crime by force
or threats, this shall be considered an aggravated circumstance.
Article 296
Shall be sentenced to detention and/or to a fine not in ex-

cess of thirty thousand dirham, whoever transports or attempts
to transport, pyrotechnics. Explosives or inflammable material
in one of the land, sea or air communication means, letters or
postal parcels, thus violating laws, regulations or rules.
Article 297(1)
imprisonment for a maximum period of ten years, whoever deliberately
disrupts a wire or wireless communication means or any other service
reserved for public utility, cuts or destroys some of its wires, apparatuses or
deliberately prevents the repair thereof.
Penalty shall be imprisonment for a minimum period of five years if the
crime is perpetrated in time of war, turmoil, commotion or by the use of
pyrotechnics or explosive material.
- 147 -
riod of five years, whoever deliberately disrupts a wire or wire-
less communication means or any other service reserved for
public utility, cuts or destroys some of its wires, apparatuses or
deliberately prevents the repair thereof.
Penalty shall be imprisonment for a minimum period of

five years if the crime is perpetrated in time of war, turmoil, com-
motion or by the use of pyrotechnics or explosive material.
Article 298

one year or to a maximum fine of ten thousands Dirham, who-
ever deliberately causes a nuisance to others through using wire
or wireless telecommunication apparatuses.
Article 299
Shall be sentenced to life or term imprisonment, who-

ever deliberately exposes the life or security of people to dan-
ger by putting substances or germs, or other things that may
cause death or serious prejudice to public health, in a well or
water reservoir or anything of the sort destined for the use of
the public.
Article 300
Shall he sentenced to detention and to a fine, whoever

contaminates water in a well, a reservoir or any general water
cistern, or anything else of the sort destined for public use, so as
to make the water unfit for consumption.
- 148 -
Article 301

ceeding ten years, whoever deliberate breaks, destroys or do
similar acts to machines, pipes or installations concerning the
water, electricity, gas,
petroleum or other public utilities, should this lead to dis-

ruption of such utility.
Article 302(1)

riod of five years, whoever deliberately destroys, sabotages im-
pairs or damages installations and private fixed or mobile health
units, materials or instruments existing therein or intentionally
impairs any of these or makes them unfit for use.
Article 303
Shall be sentenced to detention, whoever deliberately dis-

rupts in any manner an apparatus, machine or any other things
that are destined for medical aid, fire fighting, rescue of frowned
persons or prevention of any other incidents.
imprisonment for a maximum period of ten years, whoever deliberately
destroys, sabotages impairs or damages installations and private fixed or
mobile health units, materials or instruments existing therein or intentionally
impairs any of these or makes them unfit for use.
- 149 -
CHAPTER TWO
FIRE
Article 304
Shall be sentenced to imprisonment for a term no exceed-

ing seven years, whoever deliberately sets fire to buildings, fac-
tories, workshops, warehouses or any occupied or vacant build-
ings located in a city or village, as well as to railway wagons,
vehicles carrying one or more persons or attached to a train car-
rying one or more persons, vessels navigating or anchoring in
any harbor, aircrafts flying or landed in an airport, or to complet-
ed buildings reserved for dwelling, and situated outside inhabit-
ed areas and whether these are or not owned by the wrongdoer.
Article 305

erate sets fire to:
1. Word areas or forests for firewood supply, plantations or

crops before being harvested; if owned by other than the
wrongdoer.
2. Wood areas or forests for firewood supply, plantations or

crops before being harvested; if owned by the wrongdoer
and if the fire spreads to the property of other person caus-
ing damage thereto.
Article 306

erately sets fire to buildings that are neither occupied or not used
for dwelling, lying outside populated areas, to corps, stocks of
- 150 -
hay, harvest left over in its place or firewood stocked, piled or left
over in its place, regardless of whether these things are owned
by him or not and the fire spreads to the property of others caus-
ing damage to it.
Article 307
Any fire other than that mentioned set for the purpose of
inflicting material damage to others or draw an illicit benefit to
the wrongdoer or others, shall be sanctioned by detention and
fine.
Article 308
Should the fire result on the death of a human being. The

author thereof shall be sentenced to death, in the instances
provided for in articles 304 and 305 and to life imprisonment, in
the instances stated in articles 306 and 307.
Article 309
The aforementioned provisions, subject to the same con-

ditions, shall apply on whoever destroys, even partially, one of
the things stated therein by means of explosives.
Article 310
whoever causes, by his fault, the burning of something

owned by someone else, shall be sentenced to detention for a
term not exceeding one year and/or to a fine not in excess of ten
thousands Dirham.
- 151 -
Article 311
Shall he sentenced to detention not exceeding one year

and to a fine not in excess of ten thousands dirham, whoever re-
moves a fire-extinguishing device or changes its place or makes
it unfit for use.
Shall be sentenced to the same penalty, whoever is

bound by law or regulations to acquire a fire-fighting device and
omits to install it property or maintains it continuously in an op-
erational condition.
TITLE FIVE
CRIMES VIOLATING RELIGIOUS CREEDS AND RITES
Article 312
Shall be sentenced to detention and/or a fin whoever per-

petrates one of the following crimes:
1. Offense to any of the Islamic sacred beliefs or rites:
2. Insult to any of the divine recognized religions.
3. Approving, encouraging or promoting sin or do any act that
tempts towards committing it.
4. Knowingly eating pork meat by Moslems.
Should any of these crimes be perpetrated publicly, the

penalty shall be detention for a minimum period of one year in
addition to a fine.
Article 313

ing one month or to a fine not excess of two thousand dirham,
whoever:
- 152 -
a. States openly in a public place that he consumes food or
drinks or any other thing that breaks fast during Ramadan
period.
b. Compels, instigates or assists in making such openly state-

ment the public place used for this purpose may be ordered
to close down for a period not exceeding one month.
Article 313/1(1)
1. The prohibition of drinking alcohol does only apply on Muslims.
2. Without prejudice to the cases where it is admitted to Non-

Muslims, whoever drinks alcohol beverages shall be sen-
tenced to detention for a minimum period of one month but
not exceeding six months and/or to a fine not exceeding two
thousands dirhams.
Article 314
The Minister of Interior, in coordination with the con-

cerned municipalities, shall issue the orders of closing whatever
deemed appropriate of the public places during the days of Ra-
madan in order to prevent making the public statement referred
to in the preceding article.
Article 315
Shall be sentenced to detention and/or a fine, whoever of-

fends the sacred beliefs or rites prescribed by the other religions
whenever these beliefs and rates are protected according to the
rules of the Islamic Shari›a.
of 2005
- 153 -
Article 316

ing one year or to a fine not in excess of ten thousands Dirham,
whoever violates or profanes the sanctity of a place reserved
for the burial of the dead or the preservation of their corpses, or
whoever knowingly violates the sanctity of a human corpse or
the remains of a dead body.
Article 317
Whoever establishes, organizes or administers an asso-

ciation, organization or society, or a branch thereof, aiming at
resisting or vilifying the foundations or teachings on which the
Moslem religion
based or whatever he essentially knows of, preach an-

other religion or advocates for a doctrine or ideology that em-
braces any of the abovementioned matters, or to commend or
propagate any of
these, shall be sentenced to imprisonment for a minimum

term of the years but not exceeding ten.
Article 318
Whoever joins an association or other among those men-

tioned in the preceding article, participates in or assists it, under
any form whatsoever, with knowledge of its objectives, shall be
sentenced to imprisonment for a term not e exceeding seven
years.
- 154 -
Article 319
whoever opposes or vilifies the foundations or teachings

on which is based the Muslim religion, or whatever he essen-
tially knows of, offends this religion, preaches another religion,
advocates for a doctrine or ideology that embraces any of the
matters mentioned above, or commend or propagate any of
these, shall be sentenced to imprisonment for a term not ex-
ceeding five years.
Article 320
It is prohibited to hold any conference or meeting, in any

place in the State, by a group, organization or society in case
any of these aims, directly or indirectly from such meeting to
oppose or vilify the foundations or teachings on which is based
the Muslim religion, or whatever he essentially knows of, or to
preach another religion.
The public authority is essential to disband such a confer-

ence or meeting, with the use of force if required.
Whoever takes part in the preparation of such a confer-

ence or meeting or participates in it, shall be sentenced to impris-
onment for a minimum term of five years but not to exceed ten.
Article 321
Should any of the crimes provided for in articles 318 and

320 of the present Law be perpetrated by the use of, or threat-
ening to use, force or if the use thereof is anticipated in its per-
petration, the offender shall be sentenced to imprisonment for a
minimum term of seven years.
- 155 -
Article 322
whoever is in possession of written instruments, printings

or recordings that include commend or propagation of any of
the things stipulated in Article (320) and where these writings,
printings or
recordings are meant for distribution or perusal by oth-

ers, shall be sentenced to detention for a minimum period of one
year and/or a fine not in excess of five thousands dirham.
Shad be sentenced to the same penalty provided for

in the preceding paragraph, whoever is in possession of any
means of printing or recording or publicity that have been used
to print, record or diffuse slogans, hymns or propaganda for a
doctrine, association, organization or society that aims at one of
the objectives provided for in Article (320),
Article 323
Shall be sentenced to the penalty provided for in the pre-

ceding article, whoever obtains or receives funds, directly or in-
directly, from an individual or organization inside or outside the
State whenever this is for the purpose of perpetrating any of the
acts stipulated in Article (320).
Article 324
The penalty for attempting to perpetrate the crimes pro-

vided for in this Chapter all range within the limits of half the
maximum and minimum penalty prescribed for each crime.
- 156 -
Article 325
Without prejudice to the penalties provided for in the pre-

ceding articles, the court shall order, in the instances stated in
Article (318, the dissolution of the aforesaid associations, or-
ganizations, or societies or branches thereof and the closing of
their offices.
The court may also order to close the places where the
crimes, provided for in articles 320 and 323, have been perpe-
trated.
Under all circumstances referred to in the two preceding

paragraphs, the coat shall as well order the confiscation of mon-
eys, personal effects an d other things which have been used in
the perpetration
of the crime or have been prepared for the use thereof or

which exist in the places reserved for the meeting of such as-
sociations, societies or their branches.
The court shall also order the deportation of the alien ac-
cused of the country after serving the penalty to which he has
been condemned.
Article 326
Shall be exempted from the penalty any of the perpetra-

tors of one the crimes, provided for in articles 317 to 324, who
takes the initiative to report the crime to the judicial or admin-
istrative authorities prior to its discovery. In case the reporting
is done after discovering the crime, the court may exempt him
from the penalty if such reporting leads to the arrest of the other
offenders.
- 157 -
TITLE SIX
CRIMES AGAINST THE FAMILY
Article 327
Shall be sanctioned to imprisonment, whoever abducts

a newborn child from legitimate guardian conceals him, substi-
tutes him with another or falsely attributes him to other than his
parents.
Should it be established that he was born dead, the pen-

alty shall be detention for a term not exceeding two months and/
or to a fine not in excess than one thousand Dirham.
Article 328
Shall be sanctioned to detention and to a fine, whoever

was in charge of a child and abstains to deliver him to the person
entitled to claim the child by virtue of a judgment rendered by a
judicial body.
Article 329
Shall be sanctioned to the penalty provided for in the

preceding article, either of the two parents or grandparents who
abducts his minor child or his grandchild, by himself or through
others even without deceit or coercion, from his guardian or the
person entitled to take care of him by virtue of a judgment ren-
dered by a judicial body.
Article 330

one year and/or to a ne not in excess of ten thousands Dirham,
- 158 -
whoever was condemned, by virtue o f an effective judgment,
to pay an alimony to his wife, to one of his relatives or to any
other person to whom he is bound to sustain, or to pay tutelage,
suckling or housing fees, and abstains from payment despite his
ability to do so.
A court action may not be filed except upon complaint

from the person concerned.
In case the sentenced party pays the accumulated arrears

or if he produces a surety accepted by the concerned person,
the penalty shall not be implemented.
TITLE SEVEN
CRIMES PERPETRATED AGAINST PERSONS
CHAPTER ONE
TRESPASS UPON THE LIFE OF A HUMAN BEING
AND THE SAFETY OF HIS BODY
Article 331
Without prejudice to the right to the legally due blood

money, the crimes stated in this Chapter shall be sanctioned to
the penalties provided for therein in cases the coercive punish-
ment is not allowed.
- 159 -
Article 332(1)
1. Whoever deliberately takes a human life shall be sanc-

tioned to term or life imprisonment.
2. The penalty shall be capital punishment in case the murder

is perpetrated with premeditation or advance determination,
in conjunction with or linked to another crime, committed
against one of the perpetrator’s ascendants or on a public
service or a person in charge of a public service during or
because of the discharge of his duties or his service or if a
poisonous or explosive substance is used in the crime.
3. The penalty shall be detention for a minimum period of one

year should the persons entitled to blood money desist
from their right to punishment at any stage of trial or prior to
the completion of execution.
Article 333
Premeditation means the intended determination prior to

the perpetration of the crime on any person and minutely arrang-
ing for the necessary means to perpetrate the act.
Laying in means lurking for a person, in one or several

places for a long or short period, in order to murder a person or
assault him by any act of violence.
prior to the amendment stated the following: “Whoever deliberately takes a
human life shall be sanctioned to term or life imprisonment. The penalty shall
be capital punishment in case the murder is perpetrated with premeditation
or advance determination, in conjunction with or linked to another crime,
committed against one of the perpetrator›s ascendants or on a public service
or a person in charge of a public service during or because of the discharge
of his duties or his service or if a poisonous or explosive substance is used
in the crime
- 160 -
Article 334
Shall be sanctioned to term imprisonment, whoever

surprises his wife, daughter or sister committing adultery and
instantly kills her or the adulterer or both of them; he shall be
sanctioned to detention in case of assault on her or him leading
to death or disability.
Shall be sanctioned to term imprisonment, the wife who

surprises her husband committing adultery in the conjugal do-
micile and instantly kills him or his female companion in adultery
or both of diem; she shall be sanctioned to detention in case of
assault on him or his companion leading to heath or disability.
The right of lawful self defense may not be used against

the beneficiary of such excuse.
Article 335(1)
Shall be sentenced to detention for a minimum period of six

months and/or to a fine not in excess of five thousands dirhams,
whoever attempts to commit suicide. Shall be sentenced to
detention, whoever abets another or assists him, in any manner
whatsoever, to commit suicide, if it occurs thereupon.
Should the victim of suicide be below eighteen years of
prior to the amendment stated the following: “Shall be sentenced to detention
for a maximum period of five years, whoever abets another or assists him, in
any manner whatsoever, to commit suicide, if it occurs thereupon.
Should the victim of suicide be below eighteen years of age or partially
incapacitated, in his will or discernment, this shall be considered an
The perpetrator shall be sentenced to the penalty prescribed for deliberate
murder or attempt thereto, as the case may be, in case the person
committing suicide or attempting thereto has totally lost his free will of choice
or discernment.
- 161 -
age or partially incapacitated, in his will or discernment, this
shall be considered an aggravating circumstance.
The instigator shall be sentenced to the penalty prescribed

for deliberate murder or attempt thereto, as the case may be, in
case the person committing suicide or attempting thereto has
totally lost his free will of choice or discernment
Article 336
Shall be sentenced to imprisonment for a period not ex-

ceeding ten years, whoever assaults the body safety of others,
in any means without intention to kill him but the assault resulted
in the death of the victim.
Should any of the circumstances mentioned in paragraph

two of Article (332 be available, this shall be considered an ag-
gravating circumstance.
Without prejudice to the provisions of Article (332 be

available, this shall be considered an aggravating circumstance,
perpetration of the act by the offender under the influence of
intoxication or Stupefaction.
Article 337
Shall be sentenced to imprisonment for period not ex-

ceeding seven years, whoever deliberately causes to another a
permanent disability. The occurrence of any of the circumstanc-
es, stated in paragraph two of Article (332, shall be considered
an aggravating circumstance.
There is a permanent disability if the injury results in sev-

erance or dismemberment of an organ or its partial amputation
- 162 -
or the loss or diminution of use thereof, or to permanent total or
partial failure of the functioning of any senses.
Any serious deformity which is not likely to disappear shall

be considered as a disability.
Article 338
Without prejudice to the provisions of articles 60 and 61,

shall be sentenced to imprisonment for a term not exceeding
five years, whoever assaults by any means the body safety of
others and the assault results in unintended permanent disabil-
ity. The penalty shall be imprisonment for a term
not exceeding ten years should any of the circumstances

stated in paragraph two of Article (332 be present, or if the of-
fender be under influence of intoxication or stupefaction.
Article 339
Shall be sentenced to detention and to fine, whoever as-

saults by any means the body safety of others and the assault
resulted in his illness or disability to attend to his personal busi-
ness for a period exceeding twenty days.
The penalty shall be detention for a term not exceeding

one year and to a fine not in excess of ten thousands Dirham, if
the assault did not reach the degree of seriousness mentioned
in the above paragraph.
In case the assault is perpetrated on a pregnant woman

resulting in abortion, this shall be considered an aggravating
circumstance.
- 163 -
Article 340(1)
Shall be sentenced to detention for a maximum period

of one year and/or to a fine not in excess of ten thousands dir-
hams, any pregnant woman who deliberately aborts herself by
any means whatsoever.
The penalty shall be detention for a minimum period

of two years or to a minimum fine of ten thousands dirhams
the person who deliberately aborts a pregnant woman, by any
means whatsoever, with her consent.
Should the person causing abortion be a physician, sur-

geon, pharmacist, midwife or a technician, the penalty shall be
imprisonment for a maximum period of five years, without preju-
dice to a more severe penalty provided for in any other law.
Shall be sanctioned to imprisonment for a maximum pe-

riod of seven years, whoever willfully aborts a pregnant woman
without her consent.
The attempt to perpetrate any of the acts provided for

herein shall be sanctioned to half the penalties prescribed there-
in.
Article 341
Should the assault provided for in Articles 336, 337, 338

and 339 and in the second paragraph of the preceding Article
detention for a maximum period of five years whoever deliberately aborts a
pregnant woman by giving her medication or by any means whatsoever that
leads to abortion. The penalty shall be imprisonment for a maximum period
of seven years if the pregnant woman is aborted without her consent.
- 164 -
(be perpetrated, by using a weapon, club or any other tool, by
one or more members of a gang composed of at least five per-
sons all agreeing to assault and inflict injury, the
penalty shall be detention and fine for each of them, with-

out prejudice to the more severe penalty deserved by whoever
participated in the assault or any other penalty provided for in
the law.
In case the crimes provided preceding articles are per-

petrated during wartime on wounded persons, even if among
enemies, this shall be considered aggravating circumstance.
Article 342
Shall be sentenced to detention and/or to fine, whoever

caused by his own mistake the death of a person.
The penalty shall be detention for a minimum term of one

year and a fine in case the crime is committed as a result of
failure by the offender to observe the ethics as dictated by his
employment, profession or craft, or if he was under the influence
of intoxication or stupefaction when the accident occurred or if
he abstains then from assisting the victim or call for help though
he was in a position to do so.
The penalty shall be detention for a minimum term of two

years but not exceeding five years and a fine if the act caused
the death of more than three persons. Should any of the circum-
stances mentioned in the preceding paragraph he present, the
penalty shall be detention for a minimum term of three years but
not exceeding seven and a fine.
- 165 -
Article 343
Shall be detention for a term not exceeding one year and/

or to a fine not in excess of ten thousands dirham, whoever
transgress through his fault the body safety of orders. the pen-
alty shall be detention for a term not exceeding two years and/
or a fine, should the crime result in a permanent disability or if
the crime is committed, as a result of failure from the offender›s
part to observe the
ethics of his employment, profession or craft or if the of-

fender is under the influence of intoxication or stupefaction when
the incident occurred, or if he abstains from assisting the victim
or call for help through able to do so.
The penalty shall be detention and a fine if the crime

transgresses the safety of more than three Persons. Should any
of the circumstances mentioned in the preceding paragraph be
present, the penalty shall be detention for a minimum term of six
months but not exceeding five years and a fine.
- 166 -
CHAPTER TWO
VIOLATION OF FREEDOM
Article 344
Shall be sentenced to imprisonment, whoever illegally

kidnaps, arrests, detains or deprives from freedom, a person by
any means whatsoever and whether by himself or through the
intermediary of others.
The penalty shall be life imprisonment in the following in-

stances:
1. If the act takes place by impersonating a public capacity,

pretending the performance or assignment of a public ser-
vice or to contact under a false representation.
2. In case the act is performed by use of subterfuge or ac-

companied by use of force, threat of killing, inflicting severe
body harm or by acts of physical or psychological torture.
3. If the act is perpetrated by two or more armed persons.
4. If the period of kidnapping, arresting, detaining or depriving

from freedom exceeds one month.
5. In case the victim is of female sex, a juvenile, an insane or

imbecile person.
6. In case the purpose of the act is to draw profit, revenge,

rape of the victim, disgrace him, injure him or have him per-
petrate a crime.
7. If the act is perpetrated against a public servant during, or
- 167 -
because of, the discharge of his duties.
Should the act lead to the death of the victim, the sanction
shall be the death penalty or life imprisonment. Shall be sanc-
tioned to the same penalty prescribed for the principal perpetra-
tor, any of the intermediaries in the perpetration of any of the
crimes provided for in this Article (as well as whoever know-
ingly hides a kidnapped person.
Article 345
Shale be exempted from the penalty for the crimes pre-

scribed in the preceding article, the person who willfully indi-
cates to the judicial or administrative authorities, prior to its de-
tection of the place of the kidnapped person, the whereabouts
of this latter and reveals the identity of the other offenders thus
resulting in the rescue of the kidnapped.
Article 346
Shall be sentenced to term imprisonment, whoever brings

in or out of the country a human being for the purpose of pos-
sessing, or disposing of, him as well as whoever purchases,
sells, offers for sale or otherwise disposes of a human being as
a slave.
Article 347
shall be sentenced to detention for a term not exceeding

one year and/or to a fine in excess of ten thousands dirham,
whoever forces a person to work with or without pay to serve a
personal interest in cases other than those admitted by law.
- 168 -
CHAPTER THREE
EXPOSURE TO DANGER
Article 348

deliberately perpetrates an act that exposes the life, health, se-
curity or freedom of human beings to danger.
Without prejudice to a prejudice any more severe penalty

prescribed by law, the penalty shall be detention in case the act
results in a prejudice of any kind.
Article 349

ing two years, whoever personally or through an intermediary
exposes to danger a juvenile who did not complete fifteen years
of age or a person
unable to defend himself because of his heath, mental or

psychic condition. The penalty shall be detention if the crime is
perpetrated through abandoning the juvenile or the disabled
person in a
deserted place, or by one of the offender›s ascendants, by

a person in charge of his custody or of taking care of him. Should
a permanent disability result there from to the victim or uninten-
tionally cause his death, the offender shall be sentenced to the
penalty prescribed for the assault leading to permanent disability
or to death, as the case may be. The same penalty shall apply if
the exposure to danger occurs through deliberately depriving the
juvenile or the disabled from nurture or care required by his con-
dition whenever the offender is legally required to provide same.
- 169 -
Article 350
Shah be sentenced to detention or to a fine not exceeding

ten thousands dirham, whoever, personally or through others,
exposes to danger a child, who did not complete seven years of
age in a crowded place.
Article 351
Shall be sentenced to imprisonment for term not exceed-

ing seven years, whoever threats another person, in writing or
verbally, to perpetrate a felony against his person or property or
against the person or property of others, or by attributing or di-
vulging dishonoring matters, where all these are accompanied
by a demand, instructions to do or abstain from doing something
or if so intended.
Article 352
Shall be sentenced to detection, whoever threatens an-

other to perpetrate a felony on his person or property or on the
person or property of others, by attributing or divulging dishonor-
ing or disrespectful matters a instances other than those stated
in the preceding article.
Article 353
Whoever threatens another by words, acts or signs, in

writing or verbally or through another person and in instances
other than those stated in the two preceding articles, shall be
sentenced to detention for a term not exceeding one year or to a
fine not in excess of ten thousands dirham.
- 170 -
CHAPTER FIVE
CRIMES PERPETRAT AGAINST HONOR
SECTION ONE
RAPE AND DEBASEMENT
Article 354
Without prejudice to the provisions of the law on juvenile

delinquents and displaced(1), shall be sentenced to death pen-
alty, whoever used coercion in having sexual intercourse with
a female or sodomy with a male. Coercion shall be considered
existent if the victim is below fourteen years of age when the
crime is perpetrated.
Article 355
Attempt to perpetrate the crimes stipulated in the preced-

ing Article (shall be sanctioned to life imprisonment.
Article 356
Without prejudice to two preceding articles, the crime of

voluntary debasement shall be penalized by detention for a min-
imum term of one year, but if the said crime is perpetrated on a
male or female below fourteen years of age or if committed by
coercion, the penalty shall be term imprisonment.
Article 357
Should death of the victim result from one of the crimes

provided for in the preceding articles, the penalty shall be the
death sentence.
- 171 -
SECTION TWO
FLAGRANTT INDECENT ACTS
Article 358
Shall be sentenced to detention for a minimum term or

six months, whoever has flagrantly committed an indecent act.

one year, whoever has perpetrated an indecent act with a girl
or boy who did not complete fifteen years of age, even if not
committed Openly.
Article 359(1)

of one year and/or to a fine not in excess of ten thousands dir-
hams, whoever molests a female in an indecent way by words
or acts in a public road or in a frequented place.
Shall be sentenced as well to the same penalty, any male

disguised in a female apparel and enters in this disguise a place
reserved for women or where entry is forbidden, at that time, for
other than women. Should the male perpetrate a crime in this
condition, this shall be considered an aggravating circumstance.
detention for a maximum period of one year and/or to a fine not in excess
of ten thousands dirhams, whoever molests a female in an indecent way by
words or acts in a public road or in a frequented place.
Shall be sentenced as well to the same penalty, any male disguised in a
female apparel and enters a place reserved for women or where entry is
forbidden, at that time, for other than women. Should the male perpetrate a
crime in this condition, this shall be considered an aggravating circumstance.
- 172 -
SECTION THREE
ENTICEMENT TO LEWDNESS AND PROSTITUTION
Article 360
Shall be sentenced to detention for a minimum term of six

months, whoever is found on a pubic road or frequented place
enticing the passersby, by words or signs, to debauchery.
Article 361

ing six months and/or to a fine not in excess of five thousands
dirham, whoever publicly makes an appeal or utters a song,
Yelling or speech that is immoral or publicly prompts others by
any means to debauchery.
(1) The law on Juvenile delinquents and displaced, no. 9/1976

dated 6/11/1976 has been published after this Federal Law.
Article 362
Shall be sentenced to the penalty provided for in the

preceding article, whoever manufactures, imports, exports, pos-
sesses, acquires or transports for the purpose of exploiting,
distributing or displaying to others writings, drawings, pictures,
films, symbols or other matters if they are violating public mor-
als.
Shall be sentenced to the same penalty, whoever adver-

tises any of the mentioned objects.
- 173 -
Article 363

one year and to a fine, whoever entices, induces or tempts, by
any means, a male or female to commit debauchery or prostitu-
tion or assisted him to this end.
In case the age of the victim is below eighteen years, then

the penalty shall be detentions for a minimum term of two years
and the payment of a fine.
Article 364
Shall be sentenced to imprisonment for a term not exceed-

ing ten years, whoever entices a male or female to debauchery
or prostitution by means of coercion, threat or subterfuge.
The penalty shall be imprisonment for a minimum term of

ten years, should the age of the victim be below eighteen years
of age. The foregoing penalties, as the case may be, shall ap-
ply to whoever detains a person against his will by means of
coercion, threat or subterfuge in a place with the intention of
enticing him to perpetrate one or more acts of debauchery or
prostitution.
Article 365
Shall be sentenced to term imprisonment, whoever es-

tablishes or manages a place of debauchery and prostitution or
which facilitates its practicing, or assists by any means in the
establishment of management of such a place.
Under all circumstances, a decision to close the place

shall be rendered and it shall not be allowed to reopen unless it
- 174 -
is run for a lawful purpose and after securing the approval of the
pubic prosecution.
Article 366

five years, whoever exploits by an means the lewdness or de-
bauchery of a person.
Article 367
Should the offender, in the crimes provided for in articles

363, 364 and 366, be an ascendant of the victim, an unmarriage-
able person to him, his custodian or whoever has an authority on
him or be a servant to him or to one of the above mentioned, this
shall be considered an aggravating circumstance.
Article 368
Shall be sanctioned to term imprisonment, whoever ha-

bitually practices debauchery or prostitution.
Article 369
In one of the crimes provided for in this section, where the

offender is condemned by judgment to a penalty restricting his
freedom for a period of one year or more, the condemned shall
be put under the control of the police for a period equal to that
adjudicated.
Article 370
The offender is presumed to now the age of the victim in

the Article (include in this section.
- 175 -
CHAPTER SIX
CRIMES PERPETRATED AGAINST REPUTATION,
LIBEL, INSULT
AND DISCLOSURE OF SECRET
Article 371
Without prejudice to the constitutive elements and condi-

tions of the crime of libel that is punishable by castigation, shall
be sanctioned, according to the characterization of the crime,
whoever abstains form inflicting castigation on himself, ac-
cording to the following articles.
Article 372

two years, or to a fine not in excess of twenty thousand dirham,
whoever attributes to another, through a means of publicity, a
fact that makes him object of punishment or of contempt.
The penalty shall be detention and/or a fine in case the

libel is perpetrated against public servant, or a person in charge
of a public service, during or because of the discharge of his
duties or performing the public service, or if it affects honor or
the reputation of the families, or if it is expected to fulfill an illicit
purpose.
In case the libel is done by means of publication in one of

the newspapers or printed material, this shall be considered an
- 176 -
Article 373

one year or to a fine not in excess of ten thousands Dirham.
Whoever casts another, by any publicity means, with any state-
ment that affects his honor or dignity without attributing to him a
specific fact.

two years and a fine not in excess of twenty thousand Dirham,
in both instances, or one of those two penalties if the insult is
addressed to a Public servant or a person in charge of a public
service, during or because of the discharge of his duties or per-
forming the public service, or if it affects honor or reputation of
the families, or if expected to fulfill an illicit purpose.
In case the insult is done by means of publication in one

by means of newspapers or printed material, this shall be con-
sidered an aggravating circumstance.
Article 374(1)

of six months or to a fine not exceeding five thousand dirhams
in case the libel or insult takes place through the telephone or
detention for a maximum period of six months or to a fine not exceeding
five thousand dirhams in case the libel or insult takes place through the
telephone or facing the victim in the presence of others.
The penalty shall be a fine not exceeding five thousands dirhams if the libel
or insult takes place facing the victim without the presence of a third party.
Shall be considered an aggravating circumstance if the libel or insult, in
the stances stated in the paragraphs hereinabove, is addressed to a public
servant or a person in charge of a public service, during or because of
discharging his duties or performing his service, or if affecting his honor or
the reputation of the families, or if expected to reach an illicit objective
- 177 -
facing the victim in the presence of others.
The penalty shall be a fine not exceeding five thousands

dirhams if the libel or insult takes place facing the victim without
the presence of a third party or in a letter dispatched to him by
an means whatsoever.
Shall be considered an aggravating circumstance if

the libel or insult, in the stances stated in the paragraphs
hereinabove, is addressed to a public servant or a person in
charge of a public service, during or because of discharging
his duties or performing his service, or if affecting his honor or
the reputation of the families, or if expected to reach an illicit
objective..
Article 375
There shall be no crime if the offender establishes that the

fact attributed is true, whoever its attribution is addressed to a
public servant or a person in charge of a public service and the
fact is connected to his employment or service.
In this case also, the insult may be established if it ema-

nates from the offender himself and is associated with the libel.
Evidence may not be established if the fact occurred

more than five years ago or if the crime has been foreclosed
for any foreclosure reason or if the judgment rendered has been
forfeited.
Article 376
There shall be no crime for the libel or insult include in the

verbal or written defense of the parties to the litigation before the
- 178 -
courts or investigation authorities, provided it is within the limits
allowed to the right of defense.
Article 377
There shall be no crime in reporting, in good faith, to the

judicial or administrative authorities a matter calling for the re-
sponsibility of its author.
Article 378(1)
Shall be sentenced to detention and to a fine, whoever

violates the private or familial life of individuals, by perpetrating
one of the following acts, unless authorized by law, or without
the victim’s consent:
a. If he lends his ears, records or transmits, through an appa-

ratus of any kind, conversations that took place in a private
place or through the telephone or any other apparatus.
b. Captures or transmits, through any kind of apparatus, the

picture of a person in a private place.
Should the acts, referred to in the two preceding

paragraph, be perpetrated during a meeting in front of the
attending persons, their consent shall be presumed.
Shall be sentenced to the same penalty, whoever

publishes through any means of publicity, news or pictures or
detention for a maximum period of one year and to a fine not in excess of ten
thousand dirhams, whoever publishes through any means of publicity, news
or pictures or comments related to the secrecy of private or familial life of the
individuals, even if correct.
- 179 -
comments related to the secrecy of private or familial life of the
individuals, even if correct.

seven years and to a fine, the public servant who perpetrates
one of the acts mentioned in the present article relying on the
strength of the authority of his position.
The apparatuses and other objects that that may

have been used in perpetrating the crime shall, in all cases,
be confiscated and order shall be given to erase all relative
recordings and destroy the same.
Article 379

one year and/or to a minimum fine of twenty thousand dirham,
whoever by virtue of his profession, craft, position or art is
entrusted
with a secret and divulge it in cases other than those al-

lowed by law or if used for his own personal interest or for the
interest of another person, unless authorized by the confiding
person to disclose or use it.

ing five years in case the perpetrator is a public servant or a
person in charge of a public service who was confided the secret
because or on the occasion of discharging his duties or per-
forming his service.
Article 380
Shall be sentenced to minimum fine of three thousands
- 180 -
dirham, whoever opens a letter or cable without the consent of
the recipient or listened to a telephone conversation.
The perpetrator shall be detention for a minimum term of

three months or to a minimum fine of five
thousands dirham, if he discloses the letter, cable or con-

versation to other than the addressee thereto and without his
consent, whenever such act results in a prejudice to others.
- 181 -
TITLE EIGHT
CRIMES AGAINST PROPERTY
CHAPTER ONE
THEFT
Article 381
Should the application on the penalty imposed on theft by

the Shari’a be impossible, the offender shall, according to the
classification of the crime, be subject to the provisions of this
law.
Article 382
Theft occurs by illegal appropriation movable property

owned by a person other than the offender and it shall be subject
to the following provisions.
Article 383
Shall be sentenced to life imprisonment, whoever perpe-

trates a crime of theft grouping the following circumstance:
1. It is perpetrated at night.
2. It is Perpetrated by two or more persons.
3. One of the perpetrators is armed.
4. It is perpetrated in an inhabited or habitable space or one of
its annexes by climbing the fence, breaking in, use of fabri-
cated keys, by impersonation of a public or false attribute,
by pretending carrying out or being in charge of a public
service or by any Other illicit means.
5. To be perpetrated by duress or threat or by use of arms.
- 182 -
Article 384
Shall be sentenced to the life or term imprisonment, who-

ever perpetrates a crime of robbery on public roads or one of
the land, sea or air transport means in any of the following cir-
cumstances:
1. If it is perpetrated by two or more persons, one of whom is
armed.
2. If it is perpetrated by two or persons by duress.
3. If it is perpetrated by one armed person during night time.
4. If it is perpetrated by an armed person by means of duress
or threat through the use of arms.
Article 385
Shall be sentenced to term imprisonment, whoever per-

petrates the crime of theft by duress or threat through the use of
arm whether the purpose thereof s to obtain, keep it in his pos-
session or run away with it.
Article 386

petrates the crime of theft during night time by two or more per-
sons, one of whom is armed.
Shall be sentenced to the same sanctions, whoever per-

petrates armed theft at night and in a occupied location.
- 183 -
Article 387(1)

petrates the crime of theft arms, or its ammunitions, belonging
to the armed forces or to the police. The penalty shall be life
imprisonment, if one of the circumstances provided for in Article
(384) of this law, is present.
The penalty shall be detention for a minimum period of

one year but not in excess of five if the theft is perpetrated on
equipment or material used or to be used in wire or wireless
communications or other services installed by the State or li-
censed by it for installation for public utility purposes.
Article 388

two years but not in excess of seven, should the theft be perpe-
trated in any of the two following instances:
1. At night.
2. By a person carrying arms.
The sentence shall be imprisonment for a minimum term

of five years but not in excess of seven if the theft is perpetrated
by a person employed in the premises or to the prejudice of his
employer.
term imprisonment, whoever perpetrates the crime of theft arms, or its
ammunitions, belonging to the armed forces or to the police. The penalty
shall be life imprisonment, if one of the circumstances provided for in Article
(384) of this law, is present.
The penalty shall be detention for a minimum period of one year but not in
excess of five if the theft is perpetrated on equipment or material used or to
be used in wire or wireless communications installed by the State or licensed
by it for installation for public utility purposes.
- 184 -
Article 389
Shaft be sentenced to detention for a minimum term of

one year, if the theft is perpetrated in, one of the following in-
stance.
1. In one of the worship places.
2. In one of the inhabited or habitable places or its annexes.
3. In one of the transport means or in a station, harbor or airport.
4. Through climbing over the fence, breaking from outside,
use of duplicated or genuine keys Without their owners con-
sent.
5. By a person impersonating a public or fake attribute or pre-
tending that he is performing or in charge of a public ser-
vice.
6. By two or more persons.
7. On wounded persons during wartime.
8. On property owned by one of the bodies mentioned in Ar-
ticle (5).
9. On cattle or on carrying or riding animals.
Article 390

six months or to a fine, whoever perpetrates the crime of theft in
which one of the circumstances stated in the preceding articles
in the present chapter is missing.
Article 391
Shall be sentenced to detention or to a fine, whoever, by

any means whatsoever, misappropriates a telephone service or
any other wire and wireless telecommunication services, any
other government services or unduly exploits, uses, diverges or
emptying any of these services or any electric current, or other,
- 185 -
used to link or transmit such services.
Article 392
The attempt to commit the misdemeanor or theft shall be

penalized by half the penalty prescribed for the consummated
crime,
Article 393
In sentencing to detention for one year or more, for a theft

or an attempt thereto, the court shall, in case of recidivism, or-
der to put the infringer under control for a maximum term of two
years provided it does not exceeding the adjudicated penalty.
Article 394
Shall he sentenced to detention for a term not exceeding

one year and/or to a fine not in excess of ten thousands Dirham,
whoever utilizes a car or scooter or the like without permission
or approval of its owner or its rightful utilize.
Article 395

six months and/or to fine not in excess of five thousands Dirham,
whoever consumes food or beverage in a place prepared for this
purpose even if he resides therein, as well as whoever occupies
one or more room in a hotel or similar or hires a vehicle offered
for lease, and refuses without justification to pay the amount due
or runs away without paying it.
- 186 -
Article 396
In the perpetration of any of the crimes provided for in the

preceding articles of this chapter, if the perpetrator takes advan-
tage of the opportunity of turmoil a commotion, fire or any other
disaster, it shall be considered an aggravating circumstance.
Article 397
Shall be sanctioned to term imprisonment, whoever ob-

tains by force or threat a deed, a signature on it, amendment or
cancellation thereof or destruction.
Article 398
Shall be sanctioned to detention and to a fine, whoever

obtains from another by way of threat to hand over money or
things other than those mentioned in the preceding article.
Should the threat to divulge or publish matters breaching

the honor, such shall be deemed an aggravating condition.
And the attempt to carry out such actions shall be sen-

tenced with half the sanction decided for the complete crime.
- 187 -
CHAPTER TWO
DECEIT
Article 399
Shall be sentenced to detention or to a fine, whoever suc-

ceeds in appropriating, for him or for others, movable property, a
deed or a signature thereon, cancellation, destruction or amend-
ment thereof through deceitful means or use of false name or
capacity, whenever this leads to deceit the victim and have him
give away shall be sentenced to the same penalty, whoever dis-
poses of an immovable or movable property being aware that
it is not his property, that he is not entitled to dispose of it or
disposes of it knowing that he previously disposed of, or con-
tracted, it whenever such act of disposition causes prejudice to
others.
Should the object of the crime be the property or a deed

belonging to the State or tone of the bodies mentioned in Article
(5, this shall constitute an aggravating circumstance.
Attempt shall be sanctioned by detention for a term not

exceeding two years or a fine not in excess of twenty thousand
Dirham.
when condemning the recidivist to detention for a period

of one year or more, the court may order putting him under
control for a maximum period of two years provided it does not
exceed the period of the adjudicated penalty.
Article 400
Shall be sentenced to detention or to a fine, whoever ex-

ploits the need of a minor or a person condemned to remain
- 188 -
under guardianship or custody, or exploits his whim or lack of
experience and obtains, to the detriment of the victim or to oth-
ers, a property, a deed or a signature on it, or an
amendment , cancellation or destruction thereof Shall be

considered as a minor, the insane, the imbecile and the interdict.
In case the crime is perpetrated by the guardian, custodian or
curator of the victim or any person having authority over him or
his caretaker, this shall be considered an aggravating circum-
stance.
Article 401(1)
Shall be sentenced to detention or to a fine, whoever Re-

place text under Article (401) with: “Shall be sentenced to deten-
tion or to a fine, whoever draws in bad faith a cheque without
sufficient funds or who, after giving the cheque withdraws all or
part of the funds, so that the remaining balance is insufficient to
cover the amount of the cheque, or gives order to the drawee to
stop payment, or if he deliberately writes or signs the cheque in
such a manner as to make it non payable.
Shall be sentenced to the same penalty whoever endors-

es to another or delivers to him a bearer draft knowing that it has
no available sufficient funds in consideration thereof or that it is
not drawable.
detention or to a fine, whoever draws in bad faith a cheque without sufficient
funds or who, after giving the cheque withdraws all or part of the funds, so
that the remaining balance is insufficient to cover the amount of the cheque,
or gives order to the drawee to stop payment, or if he deliberately writes or
signs the cheque in such a manner as to make it non payable.
Shall be sentenced to the same penalty whoever endorses to another or
delivers to him a bearer draft knowing that it has no available sufficient funds
in consideration thereof or that it is not drawable.
- 189 -
The penal action shall be precluded in case of payment
or its withdrawal subsequent to the perpetration of the crime but
prior to the settlement of the case by a decisive judgment other-
wise stay of execution shall be ordered.
In case the court orders the withdrawal of the checkbook

from the condemned person and the prohibition to give him new
checkbooks, according to the provisions of Article (643) of the
Commercial Transactions Law, the public prosecution shall no-
tify this order to the Central Bank in order to generalize it on all
banks.
Should any bank violate this order, it shall be liable to pay

a fine amounting to one hundred thousand dirhams.
Article 402
The drawee who declares in bad faith that the funds held
with him are less than the actual drawable balance shall be sen-
tenced to detention or to a fine.
Article 403
The provisions of the two preceding shall apply to postal

debit orders (postal check).
CHAPTER THREE
BREACH OF TRUST AND RELATED MATTERS
Article 404
Shall be sentenced to detention or to a fine, whoever em-

bezzles, uses or dilapidates amounts, bills or any other mov-
able property to the prejudice of those entitled whenever the
- 190 -
said movable property are delivered to him on bases of deposit,
lease, pledge, loan for consumption or proxy.
In the application of this provision shall be considered as

a proxy, the partner in a joint property, the officious on the prop-
erty of the interested owner and whoever received something
to be used in a specific matter for the benefit of its owner or of
others.
Article 405

two years or to a fine not exceeding twenty thousand dirham,
whoever knowingly misappropriate, with the intention to own, a
lost property owned by someone else or if the said property was
in his possession by mistake or by force majeure.
Article 406
Shall be sentenced to the penalty prescribed in the pre-

ceding article, whoever embezzles, or attempt to do so, a mov-
able property that he pledged as bailment for a debt owed by
him or by others.
The owner appointed guardian on his movables, seized

by judicial or administrative order, shall be subject to the same
penalty should he embezzle any of it.
- 191 -
Chapter Four
Concealment of Property Resulting
From Crime
Article 407
Whoever acquires or conceals property derived from

crime, with full awareness of that, without necessarily being
involved in its commitment, shall be subject to the penalty
assigned for that crime, from which he knows the property has
emanated.
In case the perpetrator is not aware that the property

is derived from a crime, but has acquired it in circumstances,
which indicate its unlawful sources, the penalty would then be
imprisonment for a period not exceeding six months and a fine
not exceeding AED 5,000 or either of the two penalties.
Article 408
The perpetrator shall be exempted from the penalty, stat-

ed in the provisions of the above Article, if he reports to the ju-
dicial or administrative authorities the crime and the criminals,
from which the property is derived, prior to the uncovering of the
crime.
If reporting the crime occurs after the crime is being un-

covered, the court, may exempt him from the penalty, if the re-
porting leads to the arrest of the criminals.
- 192 -
Chapter five
Usury
Shall be sentenced to detention for a exceeding three

months and to a fine of two to thousands dirham, every physical
person dealing, with another physical person or usurious credit
any civil or commercial transaction which includes every condi-
tion comprising an express or disguised usurious interest.
Every commission or benefit of any kind stipulated by a

creditor shall he be considered as a disguised interest if it is
established, that such commission or benefit is not met by a
consideration consisting of a genuine and licit benefit or service
given or rendered by the creditor.
The genuine principal amount of the debt and disguised

interest may be established by all means of evidence.
Article 410
Shall be sentenced to the same penalty provided for in the

preceding Article (whoever receives usurious interests resulting
from civil or commercial transactions between physical persons that
are due prior to the effective date of this Law and which
were not yet paid even if adjudicated by a decisive judgment.
Article 411
If the offender takes advantage of the debtor›s need,

weakness or whim in order to perpetrate any of the two crimes
provided for in the two preceding articles, this shall be consid-
ered an aggravating circumstance.
- 193 -
Article 412
Every physical person who habitually gives usurious

loans shall be sentenced to imprisonment for a term not exceed-
ing five years.
CHAPTER SIX
GAMBLLNG
Article 413
Gambling games are those in which every party, the win-

ner, an amount of money or anything else agreed.
Article 414
Whoever gambles shall be sentenced to detention or a

term not exceeding two years, or to a fin not in excess of twenty
thousand Dirham.
The penalty shall be detention or a fine in case the crime

is perpetrated in a public place or open to the public, or in a
place or house prepared for gambling.
Article 415
Shall be sentenced to imprisonment a term not exceeding

tear years, whoever opens or manages a gambling house and
prepared it to receive people, as well as whoever organized am
gambling game in a public place or a place open for public or in
a place or house prepared for this purpose.
- 194 -
Articled 416
Under all circumstances, money and tools used in gam-

bling shall be seized and confiscated by order of the court which
shall also order the closing of the premises or place prepared
or gambling which shall not be allowed to reopen unless it is to
be used for a licit purpose and pursuant to the approval of the
public prosecution.
CHAPTER SEVEN
BANKRUPTCY
Article 417
Shall be considered a fraudulent bankrupt and sentenced

to imprisonment for a term not exceeding five years, every trad-
er declared bankrupt by virtue of a decisive judgment, in one of
the following instances:
1. If the conceals, destroys or alters his books.
2. If he embezzles or conceals part of his assets to the preju-

dice of his creditors.
3. If he admits fictitious debts or made himself liable to part of

it, whether in his books, balance sheets or other papers or
in his verbal avowal or by abstaining from submitting pa-
pers or explanations being fully aware of the consequences
of such abstention.
Article 418
Shall be considered a bankrupt by negligence and shall

be sentenced to detention for a term not exceeding two years,
- 195 -
or to a fine not in excess of twenty thousand C9irharos, every
trader declared
bankrupt by virtue of a decisive judgment and who caused

by his gross negligence a loss to his creditors, in one of the fol-
lowing instances:
1. In case he spends huge amounts in gambling swindling

practices or fictitious speculations.
2. If be purchases goods to be sold at less than their cost

price, borrows funds, issues securities or resorts to other
means, whenever these cause a great loss arming at rais-
ing funds in order to delay the declaration of his bankruptcy.
3. If, subsequent to stopping payment, he favors one creditor

by settling his debt to him to the detriment of the other credi-
tors.
Article 419
Any trader declared bankrupt by virtue of a decisive judg-

ment may be considered bankrupt by negligence and sentenced
to detention for a term not exceeding one year, or to a fine not
in excess of ten thousands Dirham, in one of the following in-
stances:
1. If he contracts for the benefit of another person and without

a consideration, obligations too huge as compared to his
financial status at the time of contracting.
2. if he does not keep commercial books or if these books

are so incomplete or irregular that they do not show his true
debit of credit position, or if he does not make the inventory
- 196 -
required by law.
3. If he does not observe the rules relative to the organization

of the commercial register.
4. If he does not submit, within the period fixed by law for this
purpose, a declaration that he stopped payment, or if it is
fails to submit the balance sheet, or if it is established that
the statements submitted by him after he stopped payment
are incorrect.
5. If he abstains from submitting the data required by the com-

petent court or if it becomes evident that they are false.
6. If, after stopping payment, he allows a special favor to one

of creditors with a view to obtaining
Approval of the composition.
7. In case the declaration of his bankruptcy is repeated prior to dis-

charging his obligations resulting from a previous bankruptcy.
Article 420
In case of bankruptcy of commercial company, its Board

of Directors and its managers shall be sentenced to penalties
prescribed for fraudulent bankruptcy should it be established
that they committed any of the matters provided for in Article
(417 or if they contributed in having the company stop payment
whether by ranking false statements as concerns the subscribed
or paid-up capital, or by publishing an incorrect balance sheet,
by distributing fictitious dividends or by fraudulently taking for
themselves more than what they are authorized to take accord-
ing to the Company›s Articles of Association.
- 197 -
The Penalty provided for in the present Article (shall not
apply to the Director or manager if it is established that he did
not take part in the incriminated act or has make reservations to
the resolution passed in its concern.
Article 421
Without prejudice to any more severe penalty provided

for in the Law, shall be sentenced to detention and/or to a fine,
whoever:
1. Embezzles or conceals all or part of the bankrupt›s prop-

erty even if he is his spouse, or one of his ascendants or
descendants.
2. fraudulently intervenes, if other than a creditor, in the

composition›s deliberations, or if he fraudulently submits or
establishes a fictitious debt in his name or in the name of
others.
3. The creditor who fraudulently confirms his debt, or stipu-

lates for himself, with the bankrupt or with others, special
advantages in consideration of voting, or promising to vote,
in the deliberations of the composition or bankruptcy, or
makes a special agreement to his benefit to the detriment
of the other creditors.
Article 422
The court may order the publishing of any convicting judg-

ment rendered in any of the crimes stated in this Chapter, by the
adequate means, and on the convicted expense.
- 198 -
CHAPTER EIGHT
FRAUD IN COMMERCIAL TRANSALTIONS
Article 423
Without prejudice to any more severe penalty, shall be

sentenced to detention and/or to a fine, whoever fraudulently
misrepresents to a contracting party the truth about a merchan-
dise, its nature, characteristics, components, its kind or origin,
whenever these are considered basic
seasons for contracting, or about the quantum of the mer-

chandise, its quantity, measurement, dry measure, weight, ca-
pacity or identity, in case the merchandise delivered is different
from that contracted.
Shall be subject to the same penalty, whoever imports,

purchases or promotes this merchandise for trading purposes
being aware of the truth about it.
CHAPTER NINE
IMPAIRMENT OF PROPERTY AND TRESPASS ON
ANIMALS
Article 424

one year and/or to a fine not in excess of ten thousands dirham,
whoever destroys of impairs a movable or immovable property
owned by others, making it unfit for use or impairs it in any other
manner.
The penalty shall be detention if the crime results in dis-

ruption of a public utility or a public benefit installation thus ex-
- 199 -
posing the life of people or their security to dander.
penalty shall be imprisonment for a term not exceeding

five years if the crime is perpetrated by a gang composed of at
least three persons.
Article 425
Shall be sentenced to detention and/or to a fine, whoever:
1. Cuts down, deracinates or damages a tree or a graft in a

free or peels its bark rendering it lifeless.
2. damages growing crops, plants or fields sown with seeds or

disseminate noxious substance or plant in it.
3. Damages an agricultural machine or any agricultural tools

or makes it unfit for use any manner.
In case the damaged objects mentioned in the preceding

paragraphs are owned by others.

ing five years if the crime is perpetrated by three persons or
more or by two persons one of whom armed:
Article 426
Shall be subject to the penalty prescribed in the preceding

article, whoever:
1. Deliberately unjustifiably kilts or seriously impairs a riding,

towing or carrying animal or cattle.
- 200 -
2. Annihilates or poisons any of the fishes in a water source or
in a pool.
Article 427
The attempt to perpetrate any of the misdemeanors pro-

vided for in the two preceding articles shall be sanctioned by half
the penalty prescribed for the consummated crime.
Article 428

one year or to a fine not in excess of ten thousand dirham, who-
ever damages or moves or removes any of the parameters or
sings used in controlling area measurement of leveling grounds
or demarcation of boundaries to separate properties the penalty
shall be detention in case the crime is perpetrated with the inten-
tion to usurp any of the lands referred to above.
Article 429
Should any of the crimes stated in the preceding articles

of this chapter be perpetrated at night time or by an act of vio-
lence against persons, or if the perpetrator carries an arm, or
if the latter takes advantage, in perpetrating the crime the op-
portunity of a riot, insurrection or common disaster, this shall be
considered an aggravating circumstance.
Article 430
Where a recidivist is sentenced to detention for a term of

one year or more, in one of the crimes stated in the preceding
articles of this chapter, the court shall order putting him under
control for a period of two years provided that does not exceed
- 201 -
the duration of the adjudicated penalty.
Article 431

ing one year or to a fine not in excess of ten thousands dirham,
whoever deliberately and without justification kills or poisons
or seriously harms domestic or tamed animal other than those
mentioned in article426.
Article 432
Shall be sentenced to a fine not exceeding one thousands

dirham, whoever mistreats or tortures a domestic or tamed ani-
mal, as well as whoever abstains form taking ore of him when-
ever he is in charge of it or has the duty to do so.
Article 433
Whoever, by his mistake, causes an injury to an animal

or cattle owned by others shall be sentenced to a fine not ex-
ceeding one thousands Dirham. Should his mistake result in the
death of the animal, the penalty shall be a fine not exceeding
two thousands dirham.
- 202 -
CHAPTER TEN
TRESPASS ON THE PROPERTY OF OTHERS
Article 434

ing one year to a fine not in excess of five thousands Dirham,
whoever enters a dwelling place or a place prepared for this
purpose, an of its
appurtenances, a place reserved for safekeeping funds

or a real estate, against the will of the
concerned person and in instances other than those stat-

ed in the law, as well as a whoever remains in it against the will
of whom is entitled to oust him or if he is found hiding from the
person who has this right.

too years if the crime is perpetrated at night or by use of force
on persons or things, through the use of arms, by two or more
persons or by impersonating a false identity.
Should the intention of entering or remaining in such place

be depriving from possession by force or the perpetration of a
crime, this shall be considered an aggravating circumstance.
- 203 -
- 204 -
CONTENTS
- 205 -
- 206 -
Contents
Preface 5
‫‏‬Introduction 7
Book One: General Provisions 15
Title One: Introductory Provisions 15
Title Two:Scope Of Application Of The Penal Code 19
Chapter One: Transitory Application Of The Law 19
Chapter Two: Application Of Law As To Place And 21

Persons
Title Three: The Crime 26
Chapter One: Classification Of Crimes 26
Chapter Two: Basic Elements Of A Crime 28
Section One: Material Element 28
Section Two: Moral Element 30
Chapter Three: Criminal Complicity 32
Chapter Four: Causes Of Legitimacy 35
Section One: Reasons Of Legitimacy 35
Section Two: Excess Of Legitimate Limits 38
Title Four: Criminal Liability And Its Impediments 39
Chapter One: Criminal Liability Of Physical Persons 39
Section One: Loss Of Consciousness Or Of Perception 39
- 207 -
Section Two:Loss Of Discernment 40
Section Three: Minority 40
Section Four: Necessity And Coercion 41
Chapter Two: Liability Of Juristic Persons 41
Title Five: Penalty 42
Chapter One:Principal Penalties 42
Chapter Two: Ancillary Penalties 45
Section One: Accessory Penalties 45
Section Two: Complementary Penalties 48
Chapter Three: Stay Of Execution Of The Penalty 49
Chapter Four: Plurality Of Crimes And Penalties 51
Title Six:Legal Excuse And Discretionary Extenuating 54

And Aggravating Circumstances
Chapter One: Legal Excuses And Discretionary Ex- 54

tenuating Circumstances
Chapter Two: Aggravating Circumstances 56
Chapter Three: Recidivism 58
Title Seven: Criminal Measures 60
Chapter One: Kinds Of Criminal Measures 60
Section One: Measures Restricting Freedom 60
- 208 -
Section Two: Measures Depriving From Rights And 64
Material Measures
Chapter Two: General Provisions 67
Title Eight: Collective Defense 69
Chapter One: Cases Of Social Defense 69
Section One: Mental Or Psychic Disease 69
Section Two: Regular Criminals 69
Section Three: Social Danger 70
Chapter Two: Social Defense Measures 70
Title Nine: General Amnesty, 73

Remission From Penalty And
Judicial Pardon
Book Two: Crimes And Their Penalties 75
Title One: Crimes Against State Security And Interests 75
Chapter One: Crimes Against State External Security 75
Chapter Two: Crimes In Violation Of The State Internal 93

Security
Chapter Three: Crimes Affecting The National Econo- 108

my
Chapter Four: Forging Currency Or Government Secu- 108

rities
Chapter Five: Forgery 111
Section One: Forgery And Counterfeiting Of Seals, 111

Marks And Stamps
- 209 -
Section Two: Forgery Of Written Instruments 113
Chapter Six: Embezzlement And Damage To Public 117

Property
Chapter Seven: Strike And Obstruction Of Work Prog- 119

ress
Title Two:Crrimes Relating To Public Service 121
Chapter One: Bribery 121
Chapter Two: Abuse Of Offical And Misus Of Autority 124
Chapter Three: As Sulti On Employees 126
Chapter Four : Undue Assumption Of Office And At- 127

tributes
Title Three: Crimes Affecting The Justice Process 129
Chapter One: False Testimony, Perjury, Abstention Of 129

Testifying
Chapter Two:Prejudicial Influence On The Judiciary 132
Chapter Three: Delaying Legal Process 135
Chapter Four: Abstention From Reporting A Crime 137
Chapter Five: False Reporting 138
Chapter Six:Unsealing Ans Tampering With Presrved 139

Items
Chapter Seven: Evasion Of The Accused And The 141

Convicted
Title Four: Crimes Of Public Hazard 145
- 210 -
Chapter One: Assault In Means Of Communication 145
And Public Utilities
Chapter Two: Fire 150
Title Five: Crimes Violating Religious Creeds And Rites 152
Title Six: Crimes Against The Family 158
Title Seven: Crimes Perpetrated Against Persons 159
Chapter One: Trespass Upon The Life Of A Human Be- 159

ing And The Safety Of His Body
Chapter Two: Violation Of Freedom 167
Chapter Three: Exposure To Danger 169
Chapter Five: Crimes Perpetrat Against Honor 171
Section One: Rape And Debasement 171
Section Two: Flagrantt Indecent Acts 172
Section Three: Enticement To Lewdness And Prostitu- 173

tion
Chapter Six: Crimes Perpetrated Against Reputation, 176

Libel, Insult And Disclosure Of Secret
Title Eight: Crimes Against Property 182
Chapter One: Theft 182
Chapter Two:Deceit 188
Chapter Three: Breach Of Trust And Related Matters 190
- 211 -
Chapter Four: Concealment Of Things Obtained From 192
A Crime
Chapter Five: Usury 193
Chapter Six: Gambllng 194
Chapter Seven: Bankruptcy 195
Chapter Eight: Fraud In Commercial Transaltions 199
Chapter Nine: Impairment Of Property And Trespass 199

On Animals
Chapter Ten: Trespass On The Property Of Others 203
- 212 -

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LEGISLATION SERIES

First Edition 2011

Since the establishment of Abu Dhabi Judicial Department

Realizing its virtuous vision and mission statements,

Accordingly, ADJD commenced the publication of a set

Finally, we hope that our efforts meet the expectations

Abu Dhabi Judicial Department

Penal Code is a set of legal provisions that determine the

According to Article 121 of the UAE Constitution of 1971,

According to the first article of the Federal Penal Code,

Consequently, the context and meaning of UAE Federal

In the light of the perennial social development, and in

Abu Dhabi Judicial Department

We, Zayed Bin Sultan Al Nahyan, President of the

Having perused the provisional Constitution(1).

And Federal Law No. (1) of 1972, concerning jurisdictions

And Federal Law No. (9) of 1976, concerning juvenile de-

And in accordance with the proposal of the Minister of

Promulgated the following law:

The attached law shall apply to all crimes and penalties,

Ministers and the concerned authorities in the UAE, each

This law shall be published in the Official Gazette and

Zayed Bin Sultan Al Nahyan

Promulgated by us at the Presidential Palace Abu Dhabi

The provisions of the Islamic Shari’a shall apply to the

No one shall be answerable for a crime committed by an-

Unless otherwise provided, the provisions of book one of

No punitive measure shall be imposed except in cases

The following shall be considered a public servant:

1. Those entrusted with the public authority’s charges and

2. Affiliates to the armed forces.

3. Chairmen and members of the legislative, consultative and

4. Whoever is empowered by any of the public authorities to

5. Chairmen, members of boards of directors, managers and

Shall be considered, under this law, as entrusted with

In applying the provisions of the preceding Article (it is

Termination of a job, work or service shall not bar the

Unless the context of this law otherwise requires, "gov-

Provisions contained in this law concerning crimes against

Under this law, the following shall be considered means

1- Speaking or shouting publicly through any mechanical

2- Actions, signals or gestures if they take pace I any of the

3- Writings, drawings, pictures, films, symbols and other

Unless otherwise provided in the law, periods and delays in

The provisions of this law shall in no case prejudice the

A crime shall be sanctioned according to the law in force

If a law more favorable to the accused is enacted after the

If he law is enacted after rendering a final judgment, that

Should the new law provide only for extenuation of a

Excepting the provisions of the preceding article, if any

The new law shall apply to any continuous or successive

Where the new law amends the provisions concerning re-

A crime shall be considered perpetrated in the territory

The provisions of this law shall apply to crimes that are

The abovementioned provisions shall apply to non mili-

Without prejudice to the agreements and treaties to which

1- In case the effects of the crime extend to the State.

This law, however, shall not apply to crimes perpetrated

The present law shall be applied to whomever perpe-

This law applies to any one who commits an act outside