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Lawmaker omits circumstances and witnesses in adultery cases
The article discusses how the Moroccan legislator excludes "circumstantial evidence" and witnesses as means of proof in cases of marital infidelity. Instead, proof is limited to an official police report in cases of caught in the act, explicit confessions in letters or documents, and judicial confession. The lawyer emphasized that the Citizenship Law distinguishes between direct observation of the crime and evidence, and relying on circumstantial evidence, which is considered insufficient in such crimes to protect the sanctity of the home. He also pointed out that electronic messages must contain a clear confession to establish the crime, and that proving a "marital relationship" can be achieved provided the essential elements of marriage are demonstrated, even without a formal contract, especially when doubts about the partner's intentions arise—particularly in cases that are unintentional or not clearly known. Moreover, he stated that initiating legal action generally requires a complaint from the husband, with an exception in cases where infidelity is publicly practiced during the absence of one spouse. The law remains cautious about relying on indirect evidence to safeguard the privacy of individuals' lives.
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