A Moroccan man is at risk of losing his French nationality for a nonexistent crime in France: Adultery
A 49-year-old man could be stripped of his nationality after a conviction in Morocco, raising questions about dual nationality and belonging
A 49-year-old Moroccan man, who became a French citizen in 2021, is now embroiled in a complex legal matter that challenges the concept of dual nationality and belonging. The Paris Public Prosecutor’s Office is pushing for the revocation of his French citizenship after he was convicted of adultery in Morocco. This case raises questions about the validity of stripping someone’s nationality for an act not punishable in France.
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ToggleMatrimonial Context
The protagonist married a French woman in 2008, with whom he has two children. However, he waited 12 years after marriage to apply for French citizenship. This delayed move prompts inquiries into the motivations behind this decision, raising discussions about establishing a stronger family and the advantages associated with French citizenship.
The legal twist comes into play when examining the reasons for his conviction in Morocco. The Paris Public Prosecutor’s Office cites Article 26-4 of the Civil Code, stating that the cessation of conjugal cohabitation within 12 months of the declaration’s registration constitutes a presumption of fraud. This presumption of fraud raises concerns about the legitimacy of using external factors to question the reality of a relationship.
The man in question was sentenced to six months in prison for adultery in Morocco, a sanction confirmed after an appeal in November 2021. The Public Prosecutor’s Office argues that this period of presumed fraud aligns with the loss of nationality. This situation gives the impression that the revocation of nationality was premeditated, as if they were waiting for the ideal opportunity to enforce it.
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Legal Challenge: Adultery in Morocco
Defense attorneys vehemently argue against this sanction, emphasizing that their client was convicted in a foreign country for an act no longer punishable in France since 1975. They stress that nationality should be preserved, especially to maintain familial ties.
Legal Defense and Diplomatic Tensions:
This case also highlights diplomatic tensions between France and Morocco, intensified by recent events. French requests for the repatriation of irregular Moroccan citizens and accusations of espionage using the Pegasus software have created an atmosphere of mistrust. Additionally, during the recent earthquake in Morocco, King Mohammed VI rejected aid from France, an offer presented in a particularly prideful manner.
The strained political context between France and Morocco could influence the decision to revoke this man’s nationality, raising concerns about the fairness and equity of the process. These tensions add to other incidents involving public figures of foreign origin, reigniting debates on integration and belonging in these societies.
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Debate on Dual Nationality
Beyond this individual case, broader questions arise about the feasibility of truly being “dual national” without facing identity conflicts and legal repercussions. Examples like Benzema in France or Özil in Germany illustrate that dual nationality can be a subject of debate and controversy, even for individuals who have spent most of their lives in their adopted countries.
In conclusion, this case highlights the fragility of the concept of belonging and the challenges faced by individuals with dual nationality, especially in a context of diplomatic tensions. It underscores the need for thorough reflection on the criteria and motivations behind nationality revocation to ensure fair treatment and impartial justice.