Arrested in Casablanca: garde à vue and the Moroccan clock
Moroccan police custody is called garde à vue, which means custody for questioning before any judge is involved. It runs for a fixed ordinary period and may be extended once, by a written and reasoned decision of the Procureur du Roi — the prosecutor of the King — after the person has been physically presented to him. Since the reform of the code a lawyer may attend from the opening hour, confidentially, and that right can be restricted only in state security matters and on a reasoned decision.
The distinction that matters most is between garde à vue and pre-trial detention. The former is limited to hours and controlled by the prosecutor; the latter is ordered by a judge and can last months. An application for release pending trial can be made to the investigating judge or to the appeal chamber as soon as the detention order exists.
Avv. Massimo Romano — Ordine degli Avvocati di Napoli n. 14553, patrocinante in Cassazione dal 23/10/2015 — Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138 — +39 335 669 3954
In brief
- Garde à vue is controlled by the prosecutor and limited to hours, while pre-trial detention is a judicial measure of a different order, and conflating them leads people to wait when they should be applying.
- An extension of custody requires a written and reasoned decision and the physical presentation of the person to the prosecutor, so the absence of either is an argument rather than a formality.
- Drug and terrorism matters carry substantially longer custody periods under special provisions, which changes the whole rhythm of the opening days.
- An application for release pending trial can be made as soon as a detention order is issued, and it goes to the investigating judge or the appeal chamber rather than to the prosecutor.
- The airport and the port generate customs, currency and luggage matters, and Morocco acts on international alerts rather than ignoring them.
- Exchange rules restrict taking local currency out of the country and require declaration of foreign currency above a threshold, and breaches are treated as serious rather than technical.
- Business and contract disputes become criminal complaints readily, particularly allegations of fraud or of issuing a cheque without funds behind it.
- The code punishes conduct that is not criminal in Europe, including relations outside marriage, and visitors are prosecuted under those provisions even though nothing in the situation signals a criminal risk.
The Moroccan clock
| Step | Rule | Source |
|---|---|---|
| Ordinary custody | 48 hours | Art. 66 Code of Criminal Procedure |
| Extension | 24 hours more, by written reasoned decision | Procureur du Roi, after physical presentation |
| Drug and terrorism offences | Substantially longer periods | Special provisions |
| Lawyer | From the first hour, confidentially | Art. 68, since the 2011 reform |
| Restriction of that right | Only in state security matters, on reasoned decision | |
| After custody | Release, or presentation to the prosecutor | Pre-trial detention is a separate judicial measure |
| Release pending trial | Applied for to the investigating judge or the appeal chamber | Can be made immediately |
The distinction between garde à vue and pre-trial detention is the one that matters most. The first is limited to hours and controlled by the prosecutor; the second is ordered by a judge and can last months. An application for provisional release can be made as soon as the detention order is issued.
What actually happens here
- The airport and the port. Customs, currency and luggage cases, and arrests on international alerts — Morocco acts on them.
- Currency. Moroccan exchange rules restrict taking dirhams out and require declaration of foreign currency above a threshold; breaches are treated seriously.
- Business and contract disputes that become criminal complaints, particularly allegations of fraud or issuing a cheque without provision.
- Drugs, where penalties are severe and possession is not treated as it is in Europe.
- Conduct offences. The Moroccan code punishes conduct that is not criminal in Europe, including relations outside marriage. Visitors are prosecuted under these provisions.
- Public order and images, including photographing certain sites and people without consent.
The conduct offences are the ones that catch European visitors entirely unprepared, because nothing in the situation signals a criminal risk. They are also the ones most often resolved quickly where a lawyer is instructed at the outset.
There is no European warrant here
Between Morocco and European states there is no European Arrest Warrant and no European Investigation Order. Everything proceeds by extradition and by mutual legal assistance, under the applicable bilateral or multilateral instruments, on far longer timescales.
One feature matters more than any other for anyone with dual nationality: like most states in the region, Morocco does not extradite its own nationals. A dual national is treated as a national here, which means a European request will not result in surrender — but it may result in prosecution locally instead. The framework from the Italian side is in the guide on extradition and, where an alert is circulating, in the guide on Red Notices.
Custody here runs on a defined sequence, with the prosecutor rather than a judge in control of the opening stage. The table sets it out.
| Step | What the rule provides | Who decides |
|---|---|---|
| Ordinary custody | A fixed period for questioning before any judge | The police, under the code |
| Extension | Once only, by written and reasoned decision | The Procureur du Roi, after physical presentation |
| Drug and terrorism matters | Substantially longer periods under special provisions | The prosecuting authorities |
| Attendance of a lawyer | From the opening hour, confidentially | A right, restrictable only in state security matters |
| End of custody | Release, or presentation to the prosecutor | The Procureur du Roi |
| Release pending trial | Applied for as soon as a detention order exists | The investigating judge or the appeal chamber |
Frequently asked questions
How long can Moroccan police hold me?
Forty-eight hours, extendable once by twenty-four more on the written reasoned decision of the Procureur du Roi, with longer periods for drug and terrorism offences.
Can I have a lawyer during questioning?
Yes, from the first hour and confidentially, since the 2011 reform. It can be restricted only in state security matters on a reasoned decision.
I have dual nationality.
Morocco does not extradite its own nationals, and a dual national is treated as a national here. That protects against surrender but not against local prosecution.
Is the European Arrest Warrant relevant?
No. Between Morocco and European states everything proceeds by extradition and mutual legal assistance, on much longer timescales.
If this is happening now
The right to a lawyer from the first hour exists and is not always offered: it has to be asked for. First contact is free and covered by professional privilege, at any hour.
Who is held in Casablanca
Casablanca is Morocco's largest city, its main port and its commercial heart, and that is why most of those who arrive on this page were there for business, family or transit. The city receives travellers by air and sea in large numbers, and an arrest there rarely starts with the dramatic scene people imagine. It starts with a check, a complaint or a package.
- The traveller at the airport or port. A passenger arriving or leaving is stopped by customs or police, and goods, cash or documents attract attention. Drug allegations are the cases that lead to the longest custody periods, and families should assume nothing about how long.
- The business visitor. A buyer, a trader or a consultant is arrested in connection with a commercial dispute, a cheque, a customs question or a complaint from a former partner.
- The Italian or Moroccan-Italian who returns to visit family. A person with roots in both countries is stopped on a visit, sometimes because of a matter that began years ago.
- The relative at home. You have heard from a friend or from the consulate that someone is in custody, and you do not know the charge, the time or the rules.
Morocco is outside the European Union, so no European warrant applies. If the case has an international element, it proceeds by extradition or by other channels, and not by the direct judicial route used within the EU. The Moroccan clock is its own: custody for a fixed period, an extension on written decision, and a lawyer who may attend from the start.
A Moroccan custody and the rest of the trip: work, family, flights
A person held in Casablanca interrupts a trip, a job and a household at the same moment. The practical consequences arrive before any court has acted.
For a visitor, the earliest loss is the return journey. Flights are missed, hotel bookings lapse, and onward appointments in other countries pass. The passport may be retained by the authorities, which prevents travel even after release. A relative who plans to come should expect to stay longer than hoped and book flexibly.
For a resident or someone with business in the city:
- Employees and partners must be told something, but briefly and without detail, by a relative or the lawyer.
- Contracts and deliveries that depend on the person's presence may fail, and customers will look elsewhere.
- Rent, instalments and bills continue, and accounts may be hard to reach from custody.
- Children and dependants need a named adult, and in a cross-border family that adult may be far away.
The consequences for people with dual nationality are particular. A person who is both Italian and Moroccan may be treated by the Moroccan authorities as Moroccan, which can affect consular access. The family should tell the lawyer about every nationality the person holds at the earliest opportunity.
If the person is released, a ban on leaving the country may follow, and the family should ask what is permitted before booking any travel.
The two forms of deprivation of liberty behave very differently, and the remedies are not the same. The table compares them.
| Element | Garde à vue | Pre-trial detention |
|---|---|---|
| Who controls it | The prosecutor | A judge |
| How long it lasts | Hours, with a single reasoned extension | Months, subject to review |
| Role of the lawyer | Attendance from the opening hour, confidentially | Full defence work on the file |
| The remedy | Challenge the grounds and the extension decision | Application for release pending trial |
| Where the application goes | To the prosecutor supervising the custody | To the investigating judge or the appeal chamber |
Presented to the prosecutor: decisions before the extension
Moroccan custody runs for a fixed period, extendable on the written and reasoned decision of the prosecutor after the person has been physically presented to him. That structure gives the family and the lawyer a moment at which choices must be made. Each has a price.
- Ask for a lawyer immediately, or answer unaided. A lawyer may attend from the opening hour, confidentially. Using that right costs nothing and protects the position. Answering without a lawyer may seem to shorten matters, but whatever is said is in the record when the prosecutor decides on the extension.
- Insist on the interpreter, or use your own French. Many Italians know some French, and officials may offer to proceed in it. The record, however, is likely to be in Arabic. A person who signs a text in a language they read imperfectly takes a risk.
- Accept the Moroccan lawyer arranged quickly, or wait for a lawyer chosen with the Italian side. Waiting loses hours; accepting may mean a lawyer who has no knowledge of the cross-border background. A good compromise is to accept for the opening hours and add another.
- Contest the extension, or let it pass. The extension needs a written, reasoned decision. The lawyer can ask what grounds are given and whether the person was properly presented.
The family should not try to guess which of the custody rules applies. Special provisions apply to drug and terrorism offences, and the lawyer must say which period is running.
Documents for Casablanca: what a Moroccan lawyer needs
A lawyer acting in Casablanca for an Italian family needs a short list of documents, and the quicker they arrive, the more the lawyer can do before the extension. Send clear photographs, labelled plainly, and keep the originals.
- Identity: passports for every nationality the person holds, with photographs of the pages and of any visa or entry stamp.
- The circumstances of the arrest: date, place, the authority involved, the names of companions, and any paper handed over.
- Travel records: tickets, bookings, hotel and car papers, and receipts, which show the route and the purpose.
- Business documents, if the case concerns trade: contracts, invoices, customs papers, bank records and messages with counterparts.
- Proof of ties to Italy or elsewhere: employment contract, residence certificate, family certificates.
- Medical information: regular medication, allergies and conditions, because the facility must know them.
- Earlier records in any country, including old alerts and fines.
- Contacts in Morocco, such as a relative, a business partner or a hotel manager who can speak for the person.
Moroccan documents will arrive in Arabic or French, and the lawyer will say which need translation into Italian. Do not translate on your own; an inaccurate translation can mislead.
Questions about garde à vue and the lawyer's role
Moroccan custody has features that differ from the Italian system, and the questions below go to them. Ask in the opening call and record the answers.
- When did custody begin, and when does the ordinary period end?
- Has the prosecutor been asked for an extension, and has the person been physically presented?
- Does the offence alleged fall under the special provisions for drugs or terrorism, which permit longer periods?
- Has the person seen a lawyer, and was the meeting confidential?
- Has any restriction on the lawyer's attendance been ordered, and on what reasoned decision?
- In what language is the record being written, and is an interpreter present?
- What happens after custody: release, referral to a judge or further detention?
- Is there any extradition request or alert linked to the arrest, and who would handle it?
- What does the fee cover, in what currency, and how can the family pay from Italy?
The answers show whether the lawyer has seen the file. Keep them in writing and share them with the family contact.
Visitors are caught by situations that carry no obvious warning. The table sets each out with what follows and what answers it.
| Situation | What follows | What answers or prevents it |
|---|---|---|
| Currency taken out or brought in | Proceedings for breach of the exchange rules | Declaration, and records of the origin of the funds |
| A contract dispute | A criminal complaint alleging fraud | The documentary history of the transaction |
| A cheque without funds behind it | A criminal file rather than a civil claim | Bank records and correspondence about the payment |
| Drugs | Severe penalties, with possession prosecuted | Analysis, quantity and the circumstances of the find |
| Conduct offences with no European equivalent | Prosecution of visitors under the code | A lawyer instructed at the outset, before any account |
| Photographs of sites or people | Public order and image-related proceedings | Consent, and avoidance of restricted sites |
Casablanca and Italy: no European warrant, different channels
Because Morocco is outside the European Union, the tools that bind Italy and its EU neighbours do not apply. There is no European warrant. If the case has an international element, it proceeds through extradition or through diplomatic and judicial cooperation, which is slower and more formal.
The consular position is clearer than in many places. Italy has a consulate general in the city, which can confirm the detention, pass messages and ask about conditions. It does not appoint or pay a lawyer. For a person with dual nationality, the family should ask early whether the consulate will have access, since the Moroccan authorities may regard the person as Moroccan.
Language is the next point. The proceedings are in Arabic, and French is widely used among lawyers and in business. English is less reliable. The person should ask for an interpreter and check who is interpreting.
Distance and time need attention:
- Flights from Italy are frequent, so a relative can arrive quickly, but arriving does not open any door; access is arranged through the authorities and the lawyer.
- The time difference between Morocco and Italy changes through the year, so confirm the local hour before arranging any call.
- Post between the countries is slow, and original documents should travel by tracked courier at the start.
- Italian documents must be translated into French or Arabic before a Moroccan court can use them.
The Moroccan and Italian lawyers must agree who speaks to which authority, so that statements are consistent.
How the studio takes a Casablanca arrest
The studio accepts urgent arrests abroad at any hour, by phone or email, using the contacts on this site. It works from Rome, Milan and Naples, and nobody needs to visit an office to begin.
The relative or friend sends a message with the full name, date of birth, every nationality, the place of arrest, the authority involved and photographs of any paper received. A written engagement is returned by scan or photograph. An initial call then sets out events in order, asks what the person has said or signed, and establishes which period of custody is running.
In Morocco the studio works with a lawyer admitted there, who attends the person from the opening hours and appears before the prosecutor and the court. The Moroccan lawyer addresses the authorities; the studio explains the position in Italian or English, prepares Italian documents and handles anything on the Italian side, including an investigation or request that may lie behind the arrest. It does not predict outcomes.
Because the extension is decided by the prosecutor after the person is presented, the studio asks the Moroccan lawyer to report immediately after that step, and passes the substance to a nominated relative. When calls are needed, the studio confirms the local hour with the family in writing, to avoid a missed conversation caused by the offset between the countries. Where the person has dual nationality, the studio raises consular access with the lawyer at the start.
What not to do in Moroccan custody
The way a person and a family behave in the opening hours shapes the file. The points below concern conduct.
- Do not answer questions without a lawyer when you can have counsel. The right to attend from the opening hour exists to be used.
- Do not sign a record in Arabic or French that you cannot read. Ask for it to be translated in full and for your objections to be noted.
- Do not assume that being Italian protects you. The Moroccan authorities apply their own law, and the embassy cannot intervene in the merits.
- Do not offer money to officials. It is an offence and makes matters worse.
- Do not pay intermediaries who promise release. They target frightened families.
- Do not discuss the case in calls from custody. Calls may be heard.
- Do not delete messages or reset devices. Deletion looks like concealment.
- Do not post about the arrest. Entries on social media are collected and can be quoted.
Appoint a relative to speak to the lawyer and the consulate. Everyone else can help by gathering papers and keeping quiet.
Moroccan custody terms
The terms below appear on this page and on papers a family may receive. A plain reading helps with calls and with checking that a document says what you were told.
- Garde à vue: police custody, which in Morocco runs for an ordinary period and may be extended by a further period.
- Procureur du Roi: the prosecutor, who decides on the extension by written and reasoned decision after the person is physically presented.
- Extension: the additional period of custody, which needs a written, reasoned decision.
- Code of Criminal Procedure: the statute that sets out the custody rules and the lawyer's rights, whose provisions the lawyer will cite.
- Lawyer from the opening hour: the right, introduced by a reform, to attend confidentially from the beginning of custody.
- State security matters: the only cases where the lawyer's attendance can be restricted, and only by reasoned decision.
- Drug and terrorism offences: categories for which substantially longer periods apply under special provisions.
- European Arrest Warrant: a mechanism between EU states that does not apply in Morocco.
If a document contains a word not on this list, photograph it and send it to the lawyer before anyone responds.
About the lawyer
Most people reach this office in the middle of something they did not plan for: an arrest in another country, a search at dawn, a summons that arrived while they were away from Italy. The first conversation is with Avv. Massimo Romano himself, not with a secretary who takes a message. He is a criminal defence lawyer admitted to plead before the Italian Court of Cassation, and his work has long centred on Italian criminal procedure, European arrest warrants and extradition. On that first call he asks what documents exist, who has seen the person detained, and which authority is involved. No assessment is given before the papers have been read. Afterwards he sets out, in writing, what can be done from Italy and what has to be done where the person is held. Relatives who do not speak Italian are not left translating for themselves: the office speaks with the family in English, by telephone and in writing.
Call the office, or write on WhatsApp if that is easier from abroad. Have to hand the full name of the person involved, the city and country where they are held, and any document already received, even as a photograph.
Avv. Massimo Romano — criminal defence lawyer, admitted to the Italian Court of Cassation
Iscritto all'Ordine degli Avvocati di Napoli n. 14553 | Patrocinante in Cassazione dal 23/10/2015
Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138
+39 335 669 3954 · WhatsApp