The Actual Property Governorate determines the prerequisites essential to switch possession of prisoners’ actual property

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Hespress – Badr al-Din AteeqiFriday 27 December 2024 – 07:00

The Governor Basic of the Nationwide Company for Actual Property Conservation, Cadastral Survey, and Cartography directed an inner round to the governors in regards to the movements taken by way of the prisoner together with his cash, particularly the lack of possession of actual property, as he thought to be the prisoner’s submission to prison interdiction, in keeping with the contents of the provisions of the Prison Code, conditional on him being sentenced to a legal punishment that doesn’t follow to him. With a misdemeanor penalty, and that the ruling issued in opposition to him does now not have the drive of res judicata, such that anybody who’s in a state of pretrial detention isn’t matter to prison interdiction.

In the similar periodical, noticed by way of Hespress, the professional within the Actual Property Governorate recalled the necessities of Bankruptcy 37 of the Prison Code, which stipulates that prison interdiction and deprivation of nationwide rights as a consequential punishment end result from legal consequences by myself, and will have to be implemented by way of legislation with out the want to be pronounced within the ruling. He added that Bankruptcy 38 of the similar legislative framework additionally stipulates that prison interdiction deprives the convict from exercising his monetary rights at some point of the implementation of the unique sentence, and in all instances he has the correct to He shall select an agent to behave on his behalf in exercising those rights, below the supervision of the judicial mum or dad appointed in keeping with the provisions of this bankruptcy.

The similar supply defined that to turn out that the prisoner is serving a misdemeanor sentence, or that the ruling issued in opposition to him didn’t have the drive of a res judicata at the date of disposition, the individual soliciting for the restriction will have to provide to the custodians of actual property houses a duplicate of the ruling enforcing the misdemeanor punishment or the ruling enforcing the legal punishment, connected. With a certificates from the court docket clerk, declaring that this ruling was once, at the date final touch of the disposition, matter to problem, attraction, or cassation.

The Governor Basic thought to be in his round that “if the prisoner is below prison quarantine, the monetary transactions performed by way of him or his consultant require the permission of the quarry pass judgement on for his or her validity,” bringing up what the Settat Courtroom of Enchantment mentioned in its resolution No. 84/219 dated Would possibly 30, 1984. , printed within the Magazine of the Affiliation of Judges, in particular Nos. 16 and 17, through which it was once mentioned that “an individual sentenced to a legal penalty is against the law from without delay… His monetary rights during the length of execution of the unique sentence, and he would possibly select an agent on his behalf to hold out his paintings, apart from that each one movements of this agent inside the scope of his company are matter to the pass judgement on of minors.”

Knowledge at the actions of the Nationwide Company for Actual Property Conservation, Cadastral Survey and Cartography for the present 12 months confirmed the issuance of 373 thousand new actual property drawings during the Kingdom, in addition to actual property registration for a complete of a million and 110 thousand hectares of land, with the issuance of greater than two million virtual possession certificate, whilst the company accomplished, All the way through contemporary years, consistent with professional knowledge issued after the assembly of its Board of Administrators, necessary effects have been accomplished, represented by way of the issuance of 3 million and 500 thousand actual property charges for lands, which represents 43 %. Of the full actual property charges in Morocco.

Promoting prisoners, custodial consequences, actual property preservation

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