Morocco Proposes Stricter Penalties for Illegal Property Seizures by Government

Better protect private real estate property against the abuses of the State and its subdivisions, in particular public institutions, local authorities, offices and to regulate expropriation. This is the objective of the parliamentarians who have tabled the bill which aims to amend the Penal Code, because they have been questioned by the abusive practices of the administration, reports L’Économiste.

The proposal will criminalize the act of force, an act by which an administration appropriates a property without any legal or regulatory basis, and in the absence of a decision by the administrative authorities, thus violating private property. With the draft law, a public official of an administration, a local authority, an institution or a public company, risks "six months to two years in prison" if he commits an act of force.

Two conditions must be met for the application of the above sanction. It is primo, a civil servant, agent or representative of the authority or the public force who "orders or personally engages in a measure" that violates private real estate property. Deuxio, that the perpetrator of the abuse "has not followed the expropriation procedure" set by law no. 7-81 relating to expropriation for public utility and temporary occupation.

The draft law also provides that the personal civil liability of the official concerned be engaged. This means that the latter will be prosecuted for damages and ordered to pay damages, such as being deprived of exploiting his property for years.

The chances that this bill will pass are very high, and this for several reasons. First, it is carried by four parliamentary groups, so the majority. Next, it will correct an abuse that is unanimously recognized. Finally, it affects private owners, who have not hidden their joy at the announcement of the existence of such a proposal that will be debated shortly.