This article was automatically translated from HIBAPRESS, the Arabic version:
This article was automatically translated from Hibapress, the Arabic version:
Heba Press – Agadir
The Court of Appeal of the City of Agadir returned to a single and legal and established legal request for constitutional and criminal requirements, subject by the citizen “Al”, one of the parties to a primary criminal file circulating before the Court, supported by his defense, in which the judicial competent to visualize the exceptional point of view, which releases, the documents and the documents relate directly to the subject of the file presented The legal of the kingdom.
The request, whose attachments exceed 900 pages spread over three pivotal books, include, according to what is indicated, data indicating the repetition of suspicious missions of certain real estate, which have been implemented by the main investor of complaining in the real estate field, with other people, through several documentary contracts concluded by several documents, and different languages, concerning the same propulsion.
– the content of the complaint
The complainant accuses the complainant of the investor and others (whose names were not mentioned in the request), of being involved in actions suspected of being included in the crimes liable in classes 203, 209 and 378 of the Moroccan criminal law, as well as suspicions of collusion with public employees and officials of the judiciary, administration and legal interface.
The demand is partly separated from the way in which the real estate concerned fall under the extent of national development or national programs supported by the State, which increases the sensitivity of the file given the strategic priority of these projects at the national level, which improves the legal and criminal risk supposed, and strengthens the link of these actions to internal security of the State as indicated in Chapter 203.
Documents supported and technical analysis
One of the Most Prominent Characterristics of the Complaint or Demand is that is supported by a technical analytical Study of no less Than Three Real Estate fees, and in detail the documentation that these real estates, Indicating, According to the Request, A Recurring Pattenn in argument Way, and the request is attached to Royal Certificates, Commercial Records, and Docmeted Sale and Transfer Contracts, Which are supposed to compare their content with What was stated in the judicial Police Records and the Decision of the investigating judge, the criminal file itself.
An invitation to activate chapters 209 and 378
The Legal Request is Clearly Focused On Chapter 209 and 378 of the Criminal Law, which relates to no -reporting of crimes that are harmful to the safety of the state, or withholding the confirmed certificate of innocence or condemnation in criminal boxes, and the complainant confirms that a number Including A Judicial Official Who was referred to the Request, Were Aware of the actions of the subject of the complaint, but they are not reported, which is considering, agreement to the content of the complaint, a legal and professional violation affects the integrity of the judiciary.
Constitutional framework and royal messages
The request for the judicial power was also based on the seasons 6, 52, 107, 109 and 110 of the 2011 Constitution, and to royal royal messages, in particular those linked to the gravity of the phenomenon of the seizure of the real estate of others, and of King Mohammed VIA assertion to more than one opportunity on the need to improve real estate security as a trust in the state.
This file presented to the judicial power of Agadir is not the first of its kind, but it highlights the challenges of real estate security in the kingdom and the importance of activating the legal requirements strictly and equitably, according to what has been stipulated in the Constitution and the directives of the Royal establishment. Pending what the judiciary will decide, the greatest bets are to strengthen the confidence of citizens in justice and to protect private property from each violation or manipulation.
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