Abstract

This study examines the legal framework governing search procedures in light of the amendments introduced by Law No. 03.23 to the Moroccan Code of Criminal Procedure. As an investigative measure, a search requires a balance between the imperatives of detecting offences and securing evidence, on the one hand, and safeguarding fundamental rights and freedoms, particularly the inviolability of private life and the home, on the other. The study focuses on the legal conditions and safeguards governing the implementation of searches, while highlighting the developments relating to digital evidence and electronic data. It further addresses the legal consequences of violations of the rules governing searches, particularly procedural nullity, and assesses the effectiveness of the new legal framework in reconciling the efficiency of criminal investigations with procedural legality.

Keywords

Search; Criminal Investigation; Law No. 03.23; Digital Evidence; Procedural Legality; Procedural Nullity.