Betrayal Without Limits: Ex-Wife Exploits Former Husband’s Imprisonment to Seize His Property
Emal Filali / Casablanca – Ain Sebaa
Moroccan citizen Z.A. was released from prison after benefiting from conditional release, only to find himself facing a heavy legal surprise: a commercial lawsuit filed against him by his ex-wife, demanding the sale of his only café at public auction, based on bounced checks totaling 2 million dirhams.
According to information provided by Z.A., his marriage to his ex-wife lasted eighteen years and produced three children who currently live with their mother in the United States, while he remained in Morocco managing his café located in Ain Sebaa.
However, his time in prison provided an opportunity for his ex-wife, who quickly submitted the checks that she possessed—signed by Z.A. without any amounts beforehand—and obtained a ruling from the commercial court to sell the café at public auction.
Z.A. did not remain passive. After his release, he filed a complaint with the criminal court in Ain Sebaa, accusing his ex-wife of breach of trust, citing Article 553 of the penal code, which states, "Anyone who is entrusted with a blank signed document and then betrays that trust shall be punished with imprisonment from one to five years and a fine."
The public prosecutor referred the case to the investigating judge, allowing for the prosecution of the accused and taking precautionary measures against her, including the withdrawal of her passport and a ban on leaving the national territory.
Z.A.’s case raises a crucial legal question: can the commercial court continue to consider the case in light of a pending criminal prosecution involving the same facts? The answer was provided through the established principle in Moroccan judicial practice: "criminal law overrides civil law," meaning the commercial court is obligated to suspend its ruling until a final judgment is issued by the criminal court.
This is a new legal battle that carries a glimmer of hope for a man whose only request is to be vindicated… and to rectify a potentially life-altering blind signature.
Article 553 of the penal code states: "Anyone who is entrusted with a blank signed document and then betrays that trust by filling it with a liability or payment or any action that may affect the rights or obligations of the signer shall face imprisonment from one to five years and a fine between 200 to 5,000 dirhams."
This article classifies the crime as breach of trust and emphasizes that the malice of the person filling out the document is the essence of the crime, not merely the existence of a blank signature.
