SAccording to a circular directed by the Conservator General, prisoners convicted of crimes, but not of misdemeanors, may be subject to legal incapacity, if the judgment is final.
These regulations remind us that legal incapacity, which prevents a prisoner from managing his or her financial assets, only applies to criminal penalties, as indicated in Article 37 of the Penal Code. Article 38 also specifies that, although the prisoner’s financial rights are suspended during the sentence, he has the possibility of appointing a proxy who will operate under the supervision of a judicial curator.
To make a valid transaction under this restriction, it is necessary to provide proof that the inmate is not under final judgment or serving a sentence for a misdemeanor. This proof must include a copy of the judgment accompanied by a certification from the court clerk, attesting that the judgment can still be contested.
In the event of legal incapacity, the transaction requires the approval of the guardianship judge. This provision is based on the case law of the Settat Court of Appeal in 1984, emphasizing the importance of judicial supervision over transactions carried out by or on behalf of prisoners.
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