THE FINANCING OF TERRORISM IN THE MOROCCAN PENAL POLICY

Abstract

The Moroccan legislator’s approach to the offense of terrorism financing has been quite fragmented, due to the fact that the offense has been constructed in successive layers. The initial version of Article 218-4 of law 03-03 on the fight against terrorism has been amended several times. The first time by law 43-05 on the fight against money laundering, the second time by law 13-10 amending law 43-05 and the criminal code, the third time by law 145-12 amending again law 43-05, and the fourth time by law 12-18 amending the criminal code and law 43-05 on money laundering. These successive amendments lead to a lack of clarity and visibility for lawyers regarding the exact contours of the offense, both in terms of incrimination and sanctions. By wanting to perfect the repressive field of this offense too much, we ended up scattering it among several legal texts. The legal tinkering with penal policy is simply detrimental to the sacrosanct principle of criminal legality as it should be deployed in a State of Law.