In this complex legal case, a company employee misappropriated a substantial sum of 800,000 dirhams.
The Embezzlement Scheme Unveiled
A company employee Entrusted with the sum of 800,000 dirhams, he conspired with another individual to convert it into digital currency and deposit it into the latter's account. However, law enforcement at the airport thwarted the employee's attempt to leave the country, leading to the recovery of the embezzled amount.
Subsequently, the Penal Court of First Instance initially sentenced the defendants to one year in prison and a joint fine equal to the embezzled amount. Upon appeal, the Court of Appeal reduced the sentence to one month in prison and upheld the fine. The appropriate civil court then ruled in favor of the plaintiff company, entitling it to the seized amount.
In details, one company initiated legal action to reclaim 800,000 dirhams misappropriated by an employee, following a conclusive criminal judgment against the employee and an accomplice. The plaintiff contended that the employee, entrusted with the aforementioned sum for deposit into the company's account, diverted the funds for personal gain.
Collaborating with the accomplice, they converted the sum into digital currency and intended to deposit it elsewhere. Prompted by the company, law enforcement intervened, leading to the employee's apprehension at the airport while attempting to flee.
Judicial Confirmation and Legal Justification
Upon arrest, the employee was found in possession of approximately 11,000 dirhams. Law enforcement successfully traced and seized a total of 789,000 dirhams from a digital currency trading company, effectively recovering the entire embezzled amount. The accused were charged with embezzlement and breach of trust, leading to their referral to the misdemeanor court.
Following a trial, the Criminal Court of First Instance found both defendants guilty, sentencing each to one year in prison and imposing a joint fine equivalent to the embezzled sum. However, the third defendant was acquitted, and the case was transferred to the civil court.
Subsequently, the convicted defendants appealed the ruling, resulting in a reduced prison sentence of one month while maintaining the fine. This decision, being final, empowered the victimized company to pursue civil action.
In its legal submission, the company asserted its right to recover the seized funds, as affirmed by the conclusive criminal judgments. Arguing before the civil court, the legal representative of the primary defendant acknowledged the company's entitlement to the seized amount, totaling 800,000 dirhams. Meanwhile, the second defendant did not present representation.
Upon review, the civil court determined its competence to issue a restitution order, emphasizing that acknowledgment, whether judicial or extrajudicial, validates the rightful claim to a disputed amount. The court noted the first defendant's receipt of 800,000 dirhams from the company, of which 789,000 dirhams were transferred to the second defendant, and the remaining 11,000 dirhams were retained by the employee. The defendants' confessions, obtained during the investigation, corroborated this narrative.
Furthermore, the first defendant explicitly admitted before the civil court that the seized amount corresponded to the embezzled sum, thereby confirming the company's entitlement to reclaim it. As such, the civil court ruled in favor of the plaintiff company, endorsing its right to restitution of the misappropriated funds.
