To:
• The First Advocate General before the Court of Cassation;
• The Prosecutors General before the Courts of Appeal;
• The King’s Prosecutors before the Courts of First Instance.
Distinguished greetings,
The interrogation of persons presented before the Public Prosecutor’s Office constitutes an essential stage in ensuring a fair trial and in highlighting your constitutional role in the protection of rights and freedoms. During this phase, direct contact between the person under investigation and the Prosecutor is decisive and requires particular attention to legal aspects and human rights considerations specific to this preliminary stage.
It is the responsibility of the Prosecutor to carefully examine the reports transmitted, to properly assess the facts, and to maintain a balance between the rights of the suspect and those of the victims and society.
The Presidency of the Public Prosecutor’s Office has already stressed, through circulars and directives, the need to guarantee the rights of persons presented and to apply legal measures in a proportionate manner, resorting to deprivation of liberty only when necessary.
The legal provisions governing the interrogation of suspects, in particular Articles 47, 73, and 74 of the Code of Criminal Procedure, have been profoundly amended by Law No. 03.23, strengthening legal safeguards and the right to defense for persons under investigation.
In order to ensure the proper application of the law, Prosecutors are reminded of the following:
1. Respect for rights and legal rules during interrogation:
• Verify that the suspect benefits from all of their rights, including the right to remain silent, to be informed of the charges brought against them, to notify their family, and to consult a lawyer.
• Ensure the conformity of the reports and the conditions of detention, including in cases involving minors.
• Conduct the interrogation in a professional and humane manner, in the presence of an interpreter when necessary, and with particular attention to children and vulnerable victims.
• Draft complete reports justifying the decisions taken, particularly with regard to pretrial detention.
• Proceed with medical examinations when required by law.
• Take decisions that are appropriate to the seriousness of the offense, the personality of the person under investigation, and the consequences for society, while prioritizing alternatives to detention.
2. Optimized management of the presentation of suspects:
• Give priority to the presentation of sensitive cases, including women, children, persons with disabilities, and elderly persons.
• Provide appropriate facilities for detainees and persons at liberty, ensuring the separation of minors and adults.
• Ensure the prompt handling of cases, the scheduling of interrogations, and the efficient organization of reports.
• Humanize the conditions of presentation so as to give the parties concerned the perception of treatment that respects rights and the right to defense.
These directives aim to ensure effective, fair, and lawful management of the situations of persons presented before the prosecution services, and to strengthen the good practices already in place.
You are invited to strictly comply with this circular and to contact the Presidency in the event of any difficulties.
With our distinguished greetings.
Editorial team/le7tv