Non-performance of contractual obligations is serious and dangerous behavior. In addition to engaging the civil liability of the defaulting party, it can, under certain very specific conditions, engage his or her criminal liability.
Legal framework: Article 551 of the Moroccan Penal Code
According to article 551 of the Moroccan penal code:
Receipt of an advance (a sum of money) to perform a contract, followed by refusal to perform the requested service or to return the advance, constitutes an offence punishable by imprisonment of between one (1) and six (6) months.
In other words, wilful failure to comply with contractual obligations, particularly after receipt of payment, can have penal consequences.
Steps to take in the event of non-performance of a contract
File a complaint with the Public Prosecutor's Office
When a party suffers loss as a result of the non-performance of a contract, it can file a claim for damages. claim for non-performance of a contract to the public prosecutor. This allows legal action to be taken against the defaulting party.
Legal assistance with Maître Mohamed Tahiri
Maître Mohamed Tahiri, lawyer in RabatThe company supports its customers throughout Morocco in similar situations. Its role is to :
- Assess whether constituent elements of the offence in their specific situation.
- Writing and presenting written complaints to the public prosecutor, putting forward the relevant facts and legal qualifications needed to maximize the chances of acceptance.
Legal representation in criminal proceedings
In the event of criminal prosecution, Mohamed Tahiri represents his clients. He assists them by acting as a civil party, enabling them to claim compensation. appropriate compensation and in accordance with their rights.
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