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.
The legal framework: Article 551 of the Moroccan Criminal Code
According to Article 551 of the Moroccan Criminal Code:
Receiving an advance (a sum of money) to perform a contract, followed by a refusal to provide the agreed service or to return the advance, constitutes an offense punishable by one to six months’ imprisonment.
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
Filing a complaint with the public prosecutor
When a party suffers harm as a result of the non-performance of a contract, it may file a complaint for non-performance with the public prosecutor. This makes it possible to bring legal action against the defaulting party.
Legal assistance from Maître Mohamed Tahiri
Maître Mohamed Tahiri, lawyer in RabatThe company supports its customers throughout Morocco in similar situations. Its role is to :
- Assess whether the constituent elements of the offense are met in their specific situation.
- Draft and file written complaints with the public prosecutor, highlighting the relevant facts and the necessary legal characterization to maximize the chances of the complaint being accepted.
Representation in the event of criminal prosecution
If criminal proceedings are brought, Maître Mohamed Tahiri represents his clients. He assists them in joining the proceedings as civil parties, allowing them to claim appropriate compensation in accordance with their rights.