Article 37:
Any holder of an electronic certificate who continues to use the expired or revoked certificate is liable to
a fine of 10,000 DH to 100,000 DH and imprisonment for six months to two years.
Article 38:
Without prejudice to more severe penal provisions, is punished with a fine of 50.000 to 500.000 DH
whoever uses unduly, a company name, an advertisement and, in a general way, any expression making
believe that it is approved in accordance with the provisions of Article 21 above.
Article 39:
Where, on the report of its agents or experts, the national authority finds that the electronic
certification service provider issuing secure certificates no longer meets one of the conditions laid down
in Article 21 above. or its activities are not in conformity with the provisions of this Act or the
regulations made for its application, it invites it to comply with the said conditions or provisions, within
the time it determines.
After this period, if the service provider has not complied with it, the national authority withdraws the
accreditation issued, dismisses the service provider from the register of authorized service providers and
publishes in the " Official Bulletin " an extract from the decision to withdraw the approval.
Where the activities of the offender are such as to affect the requirements of national defense or
internal or external security of the State, the national authority is empowered to take all necessary
measures to stop such activities, without prejudice to criminal proceedings they call.
Article 40:
When the perpetrator is a legal person, and without prejudice to the penalties that may be applied to its
leaders, the perpetrators of any of the offenses set out above, the fines provided for in this chapter shall
be double.
In addition, the legal person may be punished by one of the following penalties:
- the partial confiscation of his property;
- the confiscation provided for in Article 89 of the Criminal Code;
- the closure of the establishments or establishments of the legal person used to commit the offenses.
Article 41: In
addition to officers and judicial police officers and customs officers in their field of competence, the
agents of the national authority authorized for this purpose and sworn in the forms of common law may
search and record, by minutes , infringements of the provisions of this law and of the texts taken for its
application. Their minutes are transmitted within five days to the King's Prosecutor.
The officers and officers referred to in the preceding paragraph may enter the premises, grounds or
means of transport for professional use, request the disclosure of all professional documents and take a
copy, collect, on convocation or on the spot, the information and justifications. .
They may proceed, in those very places, to the seizure of the means referred to in Article 12 above on
the order of the King's Prosecutor or the investigating judge.