Inspections, Disciplinary Regime, and Criminal Penalties
Administrative and judicial inspections, graduated disciplinary measures (warning, reprimand, temporary or permanent revocation), and summary table of criminal penalties (unlawful practice, title usurpation, employer liability).
Part V of Law No. 45.18 (Articles 16 to 24), read in conjunction with Articles 6 and 7 of Decree No. 2.22.604 and the Moroccan Penal Code, establishes a comprehensive system of inspection, graduated administrative disciplinary measures, and criminal penalties.
1Inspection and Enforcement Officers
Compliance with Law No. 45.18 in independent private offices as well as within employing institutions and associations is monitored by:
- Judicial police officers (ضباط الشرطة القضائية);
- Commissioned and sworn inspectors (الأعوان المحلفون المنتدبون) appointed for this purpose by the governmental authority in charge of social development (Ministry of Solidarity);
- Labor inspectors regarding the enforcement of the Moroccan Labor Code (Law No. 65.99) for salaried social workers.
2Graduated Administrative Disciplinary Sanctions (Articles 18 and 19 of Law No. 45.18 & Articles 6 and 7 of Decree No. 2.22.604)
Independently of any criminal prosecution, the administrative authority that issued the accreditation (or license to practice for foreign nationals) may impose four graduated administrative sanctions on an accredited social worker who breaches statutory or ethical duties:
- Warning (الإنذار): First-level disciplinary notice for a minor breach of professional rules.
- Reprimand (التوبيخ): Formal disciplinary censure recorded in the practitioner's administrative file.
- Temporary Withdrawal (Suspension) of Accreditation (سحب الاعتماد بصفة مؤقتة): Issued for a duration not exceeding one (1) year (لمدة لا تتجاوز سنة واحدة) in the event of serious or repeated non-compliance with professional obligations, or as a precautionary measure when criminal proceedings are initiated against the practitioner until a final court judgment is rendered.
- Permanent Withdrawal of Accreditation (سحب الاعتماد بصفة نهائية): Ordered when:
- Accreditation was obtained on the basis of false declarations or falsified documents;
- The holder ceases to meet one of the statutory eligibility requirements under Articles 8 or 9 (in particular following a final criminal conviction for a felony or intentional misdemeanor);
- The practitioner commits a severe professional fault endangering the safety, integrity, or dignity of beneficiaries, or continues to practice in violation of a temporary suspension order.
3Summary Table of Offenses and Criminal Penalties (Part V of Law No. 45.18 and Penal Code)
| Nature of Offense | Liable Party | Legal Basis and Applicable Penalties |
|---|---|---|
| Unlawful Practice of the Profession or Usurpation of Title (Practicing without accreditation/authorization, or publicly claiming the title of accredited social worker without entitlement) |
Any unaccredited individual (or unauthorized foreign national) | Part V of Law No. 45.18 and Article 381 of the Penal Code: Imprisonment from 3 months to 2 years (and up to 1 to 3 years and a fine of up to 10,000 MAD under the specific provisions of Law No. 45.18 for unlawful practice and title usurpation). |
| Practicing During a Temporary Withdrawal (Suspension) of Accreditation | Accredited social worker subject to a notified temporary suspension decision | Part V of Law No. 45.18: Criminal fine ranging from 2,000 to 20,000 MAD. In the event of a repeat offense, the fine is doubled and accreditation is permanently withdrawn. |
| Obtaining Accreditation through Fraud, Forgery, or False Declaration | Applicant who submitted a forged diploma, false employment certificate, or false sworn declaration | Part V of Law No. 45.18 and Articles 351 to 361 of the Penal Code: Immediate revocation of accreditation and criminal prosecution for forgery and use of falsified administrative documents. |
| Knowingly Employing an Unaccredited Person as a Social Worker | Employer (Association President, EPS Director, Private School Principal, Clinic Manager, Corporate Executive) | Part V of Law No. 45.18: Criminal fine imposed for each unaccredited person unlawfully employed (doubled for repeat offenses), in addition to administrative sanctions applicable to the facility under Law No. 65.15 on Social Welfare Institutions. |
| Breach of Professional Secrecy | Social worker (salaried or independent) | Law No. 45.18 and Article 446 of the Penal Code: Imprisonment from one (1) month to six (6) months and a fine of 1,200 to 20,000 MAD. |
| Obstruction of Official Inspections | Independent practitioner or facility manager obstructing sworn inspectors | Part V of Law No. 45.18: Criminal fine for refusing inspection or obstructing commissioned ministry inspectors in the performance of their duties. |